General Terms and Conditions for Users
These terms and conditions govern your use of the www.mybreaktrip.co.uk website to purchase travel products.
Who we are and Contact Details
We are Mybreaktrip Limited (“MBT” or "we") trading as Mybreaktrip or Mybreaktrip.co.uk. Our registered address and company number are: 96 Brompton Park Crescent London SW6 1SP (co. no. 07673374).
Our email address is: firstname.lastname@example.org
Our telephone contact number is: +44 (0) 20 3524 9578
We are a member of the Travel Trust Assocation ("TTA") (https://www.traveltrust.co.uk/). The TTA is a travel trade association that provides 100 percent financial protection to the users of our website.
Our website facilitates a convenient way for travellers (“Users”) to connect with other travellers, to create trip requests and for service providers (“Travel Product Providers”) to provide quotations/offers matching the requirements. A trip request can include flights and accommodation (“Travel Products”). A "Group Trip" is a trip organised on MBT involving more than one User.
The services that we provide in connection with the social network element of our website, where travellers can meet and interact with other travellers are the “Social Network Services”. The services that we provide in relation to connecting Travel Product Providers with Users are the “Travel Services”. Both of these together are the “Services”.
It is important that you read and understand these terms before using the Social Network Services or the Travel Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the conclusion of a particular transaction will apply until that transaction is completed.
Our role and your Financial Protections
We do not have any contractual role in connection with transactions entered into between Travel Product Providers and Users, and at no stage do we sell or purport to sell any of the products displayed on our site. We are neither a retailer nor are we an organiser as those terms are defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
A User’s contract in connection with the purchase of a Travel Product is with the relevant Travel Product Provider or with some other party for whom the Travel Product Provider is an agent and the terms and conditions of that Travel Product Provider (or the party for which it is an agent) will form the basis of the contract entered into by the User. Any queries or concerns with the Travel Product should be addressed to Travel Product Provider.
All Travel Product Providers are members of either the TTA or the Association of British Travel Agents (ABTA) or hold an Air Travel Organiser's Licence (ATOL) and have been screened before being allowed to be part of our website.
The travel organisations of which Travel Product Providers are members provide facilities for the resolution of disputes between Travel Product Providers and Users (For ABTA members see https://abta.com/consumer-services/travel_problems and for TTA members see https://www.traveltrust.co.uk/Default.aspx?tabid=136). MBT will endeavour to assist in whatever way that it can in relation to any disputes or complaints about a trip or a booking. Please see out contact details below.
The Travel Product Provider with which your booking is made will provide details of all financial protections that they have in place in relation to your booking. For example, the Travel Product Provider will state the arrangements that it has in place for repatriation of its customers in the event of insolvency. For flights departing from the United Kingdom, the Travel Product Provider will also be required to confirm that it has complied with the financial bonding requirements of the Civil Aviation Authority.
Security and Payments
We use third party services to secure and protect credit card information. Streamline (Part of the Worldpay group of companies) is MBT's payment processor (https://www.streamline.com). When a User pays for a trip booking order, Streamline's payment gateway encrypts the transaction data and communicates with the User’s bank to complete the transaction. MBT does not store any credit card information. MBT will store data regarding the payment status of a trip such as whether payment is completed or pending.
The TTA provides financial protection for customers of MBT. All payments received by Streamline are transferred to a secure TTA trust account. A TTA trust account account is a designated bank account that holds the payments made by Users. The trust account is supervised by TTA Trustees (UK) Limited which ensures the correct operation of the trust account. Any payment from a User must remain in the trust account until the User has received the trip services that the User has booked. The only exception is that monies may be released from the trust account to a travel supplier who has similar protections in place for the User. An example of this is that User funds can be released from the trust account, prior to travel, to an ATOL holder for a flight product, as the User's funds are then protected by the ATOL holder's bond. You acknowledge and agree to this payment process.
In addition to the security for Users provided by the trust account, MBT may issue a Stand Alone Safe Seat Plan Guarantee (the “Guarantee”) to each User. This is a Guaantee from the TTA, purchased by MBT for each traveller, of the financial obligations of MBT to its Users. The trust account and the Guarantee ensure that all money which a User has paid to MBT is safely protected. MBT reserves the right to pass the cost of the Guarantee onto Users.
If you are using a public computer, you must sign out when you have finished using this site.
Any losses incurred or sustained by Users in transmitting information shall be borne solely and exclusively by Users and in no event shall any such losses in whole or in part be borne by us.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
Registration and qualification to use the Services
Users are required to register with us by completing the registration form on the registration page and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Travel Services, although persons under the age of 18 can join and use the Social Network Services of the site.
Before a User starts to use the Travel Services he/she will need to confirm that he/she is aged 18 years or older and capable of forming a legally binding contract.
On occasions certain individuals and members will be refused access to the Services. Such refusals or suspensions shall be within our sole discretion.
Information You Provide
Availability of site
Whilst we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions.
General rules governing quotations and transactions between Travel Product Providers and Users
Travel Product Requests and Quotations
Users and Travel Product Providers can send messages to each other through the site, which are copied to the site administrator. Users post details of their trip requirements which could, for example, include flights, hotels and accommodation. Travel Product Provides may then provide quotations (“Quotations”) setting out a description of the Travel Product offered and the price.
Users are under no obligation to accept a Quotation and Quotations do not constitute contractual offers. A contract is not concluded until a User has paid by credit/debit card for a Travel Product and has received confirmation that his booking is confirmed.
Conclusion of a Contract
A contract is not concluded until a User or a minimum number of Users who are part of the Group Trip have paid by credit/debit card for the Group Travel Product(s) and confirmation is received that the booking is complete. The price contained in a Quotation may be dependent on a minimum number of Users joining a Group Trip. For the avoidance of doubt, no contract is concluded until the specified minimum number have paid by credit/debit card (or payment has been received on their behalf) and confirmation is received that their booking is complete.
The Group Trip payment process operates such that once a User submits his/her credit/debit card details, a pre-authorisation hold is put on his/her credit/debit card. When the required minimum number of Users have submitted their credit/debit card details in relation to a Group Trip, then payment is processed in relation to all of the Users that have submitted their credit/debit card details.
Deadline for payment and Extension of Deadline
Where a Group Leader accepts a quotation on behalf of the members of a Group Trip, a deadline may be set for the payment by all the Users who are part of the Group Trip. If payment is not received by the stated deadline, the Quotation shall lapse although the Travel Provider Provider may, at its discretion, extend the period for accepting the Quotation. If the number of Users on a Group Trip for which a Travel Product Provider has provided a quotation changes, the Travel Product Provider shall be entitled to adjust the Quotation to take account of the change.
Confirmation of Booking
Users will receive an email confirming the essential elements of their successful trip booking. If a User does not receive a confirmation email within 24 hours of submitting payment details, the User should contact email@example.com.
Electronic data stored in MBT's information systems or those of Travel Product Providers shall constitute acceptable proof of whether or not a booking has been successful completed by a User.
As stated above, Streamline (Part of the Worldpay group of companies) is MBT's payment processor (https://www.streamline.com). When a User pays for a trip booking order (or part of a trip booking order), Streamline's payment gateway encrypts the transaction data and communicates with the User’s bank to complete the transaction. MBT does not store any credit card information. MBT will store data regarding the payment status of a trip such as whether payment is completed or pending.
All amounts are payable in Pounds Sterling. Neither MBT nor the relevant Travel Product Provider is responsible for any costs you may incur on credit or debit card transactions due to currency exchange rate fluctations.
Cancellation or Partial Cancellation and Refund Policy
A User can cancel his/her trip by phoning or emailing the holiday supplier whose contact details can be found on the MBT website on the supplier profile page and in the booking confirmation email. Where a cancellation affects more than one User on a Group Trip, cancellation charges may be applied in respect of each User on a Group Trip. In some cases, the cancellation charges may amount to the full value of the trip. Users are subject to the cancellation policy contained in the terms and conditions of relevant Travel Product Providers.
As your contract is concluded with a third party Travel Product Provider, the refund policy and the cancellation policy for each trip will vary depending on that Travel Product Provider's policy. However, each Quotation will contain the Travel Product Provider's refund policy.
If a refund does apply, it may be made through the same means as the original payment for the booking. Refund of flight bookings can take a considerable amount of time to process.
No right to withdraw
Under the Consumer Protection (Distance Selling) Regulations 2000, consumers have the right to withdraw at no charge from certain “distance contracts” (e.g. contracts entered into over the telephone or the Internet). However, these Regulations do not apply to contracts relating to booking of accommodation, transport, catering or leisure services, whether booked together as a Holiday Package or separately for a specific date or within a specific period. Accordingly, you have no right to withdraw from any booking of any of the products or services to which these terms and conditions apply and you may only cancel your booking, where applicable, in compliance with the terms outlined above and below.
Change of Booking
If a User wishes to change the departure date, return date, accommodation requirements or any other aspect of a trip, the User should phone or email the Travel Product Provider whose contact details will be contained in the confirmation email. For Group Trips (and in particular public Group Trips), it may not be possible to change aspects of a booking, and it may be necessary to cancel the booking and create a new booking. Charges or compenation may be payable to the Travel Product Provider in this case. Changes to name details are not allowed by many Travel Product Providers due to restrctions imposed by airlines. While we will endeavour to facilitate such a change if necessary, you should note that most airlines and Travel Prodcut Providers treat a name change as a cancellation, to which charges or compensation would apply.
Travel Documents and Trip Destinations
Each User is responsible for checking and ensuring that he/she meets foreign jurisdiction entry requirements and has the necessary travel documentation and authorisations such as an appropriate visa or passport. All Users who are British citizens must have a valid 10-year passport in relation to any international trips booked on MBT. Some countries will not grant permission to enter unless a visitor's passport has a minimum period left before expiry, Users should check the visa and entry requirements of their destination and ensure that they satisfy those requirements. MBT accepts no liability for a User's inability to enter a particular country for any reason including the fact that a User does not possess the necessary travel documentation.
Users who are British citizens are advised to consult the HM Passport Office for information on passport requirements. For information on visa requirements, Users should contact the embassy of the country they propose to visit. Non-British citizens are advised to consult their embassy or passport office for information and advice on visa and passport requirements required for the countries they propose to visit (and for return to the United Kingdom).
Users should apply for any relevant visa a long time in advance of their departure dates as visas often take a long period to process. Requirements may change and Users should check for up-to-date information before booking and departure.
We strongly recommend that you take out adequate insurance for the duration of your trip. We do not arrange travel insurance but the relevant Travel Provider may do so.
We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
(a) act inconsistently and in breach of these terms and conditions;
(b) at any time violate or attempt to violate any rights of any other user of the Services or third party;
(c) are engaged in any fraudulent activity; or
(d) fail to make any payments due to us in accordance with these terms.
Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
As discussed, we act merely as an introductory service providing a forum or interface allowing Travel Product Providers and Users to transact business.
Whilst we only allow registered members of ABTA, TTA and ATOL holders to act as Travel Product Providers on our website, we have no control whatsoever over the quality of any advertised items or of any other characteristics upon which a User may rely, the accuracy of any of the adverts or the capacity of any Travel Product Provider or the User to transact.
We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of MBT howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights a User might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to a User for any death or personal injury resulting from our negligence.
MBT is the proprietor of the Mybreaktrip trade marks and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by MBT or the relevant owner in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights.
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. These terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
Events beyond our control
MBT will not be in breach of these terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, terrorism or war.
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
These terms, together with any document expressly referred to within its provisions (Acceptable Use Policy and Terms of Website Use), contain the entire agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.