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Terms and Conditions

TERMS AND CONDITIONS

PLEASE NOTE: We will perform a credit check on all new applications; the system you are applying for gives travel agents access to powerful flight and hotel booking tools and will only be made available to companies with a good credit history.  This credit check will not impact your credit rating and is purely for our information.

In registering to use the Faremine Booking System you agree to abide by these terms and conditions.

Please take the time to read carefully the terms and conditions below before applying to be a Faremine customer. Should you have any queries about any of the terms and conditions below you can contact us at sales@faremine.com.

1   GENERAL

The following terms and conditions set out the basis on which you ("Agent") are booking travel products with Gazelle Travel (Company Number 1526617) ("Gazelle").  All travel products purchased via this website ("Website") are sold subject to the following terms and conditions.

2   ATOL

2.1 Gazelle grants to the Agent a licence to use Gazelle' Air Travel Organisers Licence number (ATOL 4067) ("ATOL Number") to sell any air tickets, coupon, voucher or other documentation or reference which entitles a passenger to travel by air, using a particular carrier on a particular route that the Agent buys from Gazelle via this Website ("Air Tickets"). Gazelle also grants the agent a licence to sell voucher for hotels via this website only.

2.2 Except in accordance with the express written consent from Gazelle the Agent will not pledge nor engage the credit of Gazelle or enter into or purport to enter into any contracts on behalf of Gazelle other than in connection with or incidental to (in the normal course of business) the sale of Air Tickets.

2.3 The Agents warrants and undertakes not to make use of Gazelle's name or its ATOL Number except in accordance with the terms of this Agreement or as otherwise expressly authorised in writing by Gazelle.

2.4 The Agent will not use or authorise others to use any name or trade mark or other identifying characteristic which is similar to Gazelle's name or trade marks.

2.5 The Agent undertakes and warrants that:

(a) All publicity materials and documents including all brochures, leaflets, advertisement and other publicity material of any kind including Teletext transmission which are produced or broadcast on behalf of the Agent and which refer to or feature or in any way concern Air Tickets or Hotel Vouchers sold or offered for sale and all booking forms, booking conditions, receipts, invoices, and other documentation whatsoever which the Agent gives or shows to its customers in connection with selling or offering for sale Air Tickets or Hotel Vouchers comply with this Agreement and with all applicable legal requirements and clearly state:

(i) Gazelle's correct legal name, company registration number and ATOL Number.

(ii)    that the Agent acts as Agent for Gazelle and

(iii)   any money paid by the customer to the Agent under or in contemplation of a contract with Gazelle for an Air Ticket or Hotel Voucher will be held by the Agent on trust, in a separate bank account from the general funds of the Agent, as Agent for Gazelle until the date on which the Agent pays such money to Gazelle

(b) All publicity, material and documentation of all kinds which in any way concern an Air Ticket or Hotel Room which indicates that the Agent is entitled to sell as authorised Agent of the airline must also clearly state the name of the airline or Hotel Supplier to which Gazelle acts as authorised Agent.

2.6 The Agent will give to Gazelle as soon as it has been published a copy of any brochure or other printed matter whatsoever in which any Air Ticket or Hotel is advertised; and a copy of any booking form or booking conditions which relate to such brochure, leaflet or other printed matter whatsoever and details of any Teletext broadcasts referring to any air ticket and if requested so to do the Agent will promptly give Gazelle a copy of any advertisement which features or refers to any Air Ticket or Hotel.
    
2.7 Gazelle may specify from time to time a procedure to be followed by the Agent   on requesting a booking.  The Agent undertakes to follow such procedures and to comply with all instructions given by Gazelle.
    
2.8 The Agent undertakes that it will not confirm a booking to a customer until the booking has been accepted by Gazelle and a booking reference number has been given to the Agent.

2.9 The Agent agrees to notify all existing customers immediately of any corrections or amendments advised by Gazelle whether in writing or verbally in respect of existing bookings and to ensure that any brochure, stock or other documentation held by the Agent are amended as soon as is reasonably possible.
    
2.10 The Agent shall indemnify Gazelle in respect of all claims, liabilities or costs made by any third party arising from or failure to comply with any terms of this part of the Agreement.

2.11 On or before accepting a booking from a customer for Air Ticket or Hotel the Agent shall draw to the customers attention holiday insurance offered by Gazelle or some other equivalent suitable insurance against potential cancellation charges, curtailment, medical expenses and emergency assistance in the event of an accident or illness whilst travelling.

2.12 When an Agents customer makes a special request, the Agent will ensure it is effectively notified to Gazelle.  The Agent agrees that he will make no assurances to the customer that the special request will be complied with.

2.13 The Agent will be responsible for collecting as Agent for Gazelle all deposits, balances, cancellation charges or other monies payable from customers and for remitting those monies to Gazelle by their due date provided that the Agent shall not be entitled to demand or receive payment of balances from any customer until such balances have become due and payable in accordance with these terms and conditions.

2.14 The Agent shall ensure that a booking form is signed by the first named customer and a deposit taken before confirming the flights with Gazelle and thereafter to keep safe all documentation in respect of the booking for a minimum period of at least 3 years and to provide copies to Gazelle at any time if requested.
    
2.15 The Agent shall forward to Gazelle a completed booking form within 7 days of the date on which the booking is made together with monies due.

2.16 The Agent shall not accept any payment from a customer for an Air Ticket or Hotel unless the following requirements are satisfied:

(a) the Agent immediately provides the customer with an ATOL receipt or an ATOL confirmation invoice such ATOL confirmation invoice or receipt shall    satisfy the requirements specified from time to time by the Civil Aviation Authority and the Agent will ensure that the ATOL receipt or ATOL confirmation invoice is delivered in person or sent by first call post to the customer by no later than that next working day; or

(b) the Agent notifies Gazelle within 24 hours of the date of the payment and gives Gazelle sufficient information to enable it to issue an ATOL confirmation invoice; and

(c) before accepting the payment for an Air Ticket made by telephone (or any other payment where the customer is not in the Agent's presence) the Agent will notify the customer of the following:

(i) the Agents correct legal name; and

(ii)    Gazelle's correct legal name, company registration number and ATOL number and that fact that the Agent acts as Agent for Gazelle.

2.17 The Agent will remit all monies received by it after acceptance of a booking by Gazelle within 24 hours of receipt of such monies.

2.18 The Agent shall

(a) be entitled to such commission as may be agreed between the Agent and Gazelle from time to time such commission being in respect only of monies actually collected by the Agent and received by Gazelle and shall not include any money refunded to the customer in any circumstance.

(b) not be entitled to any commission until the full amount due for the Air Ticket, Hotel or the relevant cancellation charges have been received by Gazelle.

2.19 The Agent shall not be entitled to retain any monies whether by way of set-off or otherwise from any sums payable by the Agent to Gazelle whether under this Agreement or otherwise.

2.20 The Agent acknowledges that Gazelle shall only be obliged to issue Air Tickets or Hotel Vouchers when Gazelle has received in full all monies payable and due to it in respect of the Air Tickets or Hotel Vouchers.

2.21 The Agent will ensure that customers promptly receive all information and documentation required to be given to customers by Law and by this Agreement and particulars of any amendments to flight details or other information of which Gazelle has notified the Agent.

2.22 The Agent shall not, without prior written consent of Gazelle, make any oral or written representations to a customer concerning any refunds in respect of any Air Ticket.

2.23 If the Agent sells or transfers any Air Tickets to the customer for any other arrangements goods or services which together with the Air Ticket would amount o a "package" as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended from time to time) ("Regulations") the Agent shall clearly indicate in writing to the customer at or before the sale or transfer that Gazelle is not the "organiser" or "retailer" of such package for the purposes of the Regulations.

2.24 The price of our flights and air holiday packages includes the amount of �2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is supplemented by Airline Failure Insurance and the total price is shown to you when booking online.  Agencies holding an ATOL licence may opt out of APC with us by requesting that we issue tickets under their ATOL licence, please contact Faremine Accounts for more information.

Your Financial Protection

When you buy an ATOL protected flight or air holiday package  from Gazelle you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organisers Licence number 4067.

In the unlikely event of our insolvency, the CAA will ensure that your customers are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.

Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.

3   FLIGHT BOOKING

3.1 The Agent warrants that it will only make bookings for IATA Flights and consolidated flights (either one way or return) whose first outward departure is from the United Kingdom.  IATA Flights are those flights on standard tariff fares that are monitored by the International Air Transport Association which are available via the SABRE global distribution system.
    
3.2 The Agent is prohibited from making any bookings of air tickets with no intention of using the first sector of the ticket in an attempt to take advantage of differential fare structures ("Cross Border Bookings").

3.3 The Agent acknowledges that any bookings of two or more return air tickets with the intention of not using certain portions to take advantage of differential fare structures ("Back to Back Bookings") or booking air tickets with the intention of not using the final sector or sectors of the ticket in order to take advantage of  differential fare structures ("Deliberately Unused Sector Bookings") which are booked by the Agent are entirely the Agent's responsibility, Gazelle will have no liability whatsoever in respect of any loss or damage or other claims which arise as a result of such bookings being made by the Agent and the Agent hereby agrees to indemnify Gazelle against any loss or damage whatsoever suffered by Gazelle and/or any claims made against Gazelle arising from any Back to Back Bookings and/or Deliberately Unused Sector Bookings being made by the Agent.
    
3.4 The Agent acknowledges that it is the Agent's responsibility to read and    understand any rules associated with a specific fare prior to making a reservation and/or producing a ticket.  Gazelle will have no liability to the Agent whatsoever for any mistakes or misunderstanding on the Agent's part.
    
3.5 A flight reservation is only confirmed once a booking reference number is given to the Agent.  Prior to the booking reference number being given Gazelle will not guarantee the flight seats and/or the fare requested are available and Gazelle will not have any liability to the Agent and/or the Agent's client if the seats and/or fares become unavailable prior to a reservation number being given or if the Agent's connection to Gazelle' windows based interface for searching and booking travel services on its Website ("Gazelle System") is lost prior to a reservation number being given.

3.6 A flight reservation is only confirmed on an answerback airline (e.g. Egypt air) where confirmations are not standard practice at the point of ticketing.  Prior to     the ticket being issued Gazelle will not guarantee the flight seats and/or the fares requested as available and Gazelle will not have any liability to the Agent or the Agents client if the seats and/or fare becomes unavailable.
    
3.7 The Agent acknowledges that it is the Agent's responsibility to make its clients aware of the terms and conditions associated with any fare or flight and warrants that it will ensure that its clients are aware of and accept any such terms and conditions.

3.8 Tickets will only be issued upon receipt of payment or of the Agent's credit card details.

3.9 Payment for flights shall be made by the Agent to Gazelle prior to the point of ticketing, unless specified credit period has been agreed in writing.

3.9 Information on acceptable payment methods is available from Gazelle on request.  Gazelle reserve the right to change acceptable payment methods at any time.

3.10 If, however for some reason, the Agent does not make payment within 24 hours of the booking reference number being given then Gazelle will take the amount  due from the Agent's credit card (if the Agent's credit car number has previously   been supplied to Gazelle) and will notify the Agent that it has done so.
    
3.11 Should the Agent amend or cancel the booking then it does so entirely at its own risk.  Gazelle will have no liability to the Agent or the Agent's client in the event any seats and/or fares are unavailable or become unavailable during the amendment and/or cancellation process.

3.12 Gazelle reserves the right to make charges to the Agent in the event that a reservation is amended and/or cancelled and reserves the right to pass on to the Agent any administration or cancellation charges which may be imposed by an airline.

3.13 Such amendment and/or administration and/or cancellation charges may change from time to time and the Agent undertakes to ensure that it is aware of any charges which may be imposed before making any amendment and/or cancellation.

3.14 Gazelle offers a number of ticketing options.  These options are available from Gazelle on request.

3.15 Gazelle reserves the right to charge the Agent for delivery of tickets.  The current charges are shown on the Website and are also included in the private web pages within the Gazelle System.  Gazelle reserves the right to change these charges from time to time.

4   HOTEL BOOKINGS

4.0 Gazelle Travel Gazelle is acting as an agent for Chase Travel International Chase, who are acting as a Principal for hotels booked through this site.  Gazelle are in direct contact with Chase and will expedite any queries you submit to our Reservation Team.

4.1 All hotel discounts advertised are based on the discounts from the full "rack rate" including VAT and are correct at the time the offers are first advertised on any Channel. However, please note that some hotels in other countries may also charge local or other taxes, which may not be included in the offer.

4.2 "Rack rate" is the rate published by a hotel which is the maximum it will charge for any room.

4.3 If you wish to cancel your hotel room, you may do so online or please contact our Reservations Team by telephone.  In the event of cancellation for whatever reason you may be liable to pay Gazelle an administration fee. This could be in addition to any cancellation charge any hotel may impose. Most of the hotels on offer on our website can be cancelled free of charge up to 72 working hours prior to arrival.

4.4 Prices stated are on per room, per night basis and include VAT unless otherwise stated. Accommodation as specified is a standard room, on a room only basis including state tax. Should you have any special requests in respect of ground floor or adjoining rooms etc, these are very much subject to availability and cannot be guaranteed under any circumstance. Homes and apartments are cleaned prior to arrival and are generally not cleaned again during your stay. Most hotel rooms consist of two double beds and can sleep up to four persons except in New York where the rooms tend to be much smaller and generally have a double bed or similar in them. In many hotels, where the maximum occupancy of the room exceeds the number of beds listed in the brochure description a roll away bed can be provided at a charge per night usually payable locally. References to triple rooms refer to the number of occupants in a room rather than the number of beds.

4.5 Please be aware that the hotel room photos are only a depiction of the type of rooms on offer and may not represent the actual room described. Every effort has been made to ensure the accuracy of descriptions and information. Where we are aware that a facility or service advertised on this site we will not be open or available during the period of your holiday, we will take steps, wherever possible, to notify you prior to travel.

4.6 It is standard policy that check-in at any hotel, apartment or home is not normally before 3 pm. It is generally required that you check out of your accommodation by 11 am.

4.7 Unless otherwise stated, breakfast, lunch and dinner are not included.

4.8 Star ratings may differ according to the country where the hotel is located and are out of the control of Gazelle. Therefore Gazelle cannot be held responsible for any misconceptions relating to star ratings.

4.9 Whenever we learn of development work / renovations likely to affect the enjoyment of the holiday, we will Endeavour to contact the agent if there is the time before departure.

4.10 If your customer has any other queries or complaints in relation to your accommodation they must immediately inform a local representative at the location where the incident arises and if asked set out in writing details of your complaint. If it is not possible to do so whilst on location you must notify us of any complaint not later than twenty  eight days after your return.

5   GENERAL TERMS AND CONDITIONS

5.1 Gazelle shall have the right to terminate this Agreement forthwith by notice in writing or by email to the Agent if:

(a) the Agent fails to make any payment due under this Agreement when it becomes due or;

(b) an order is made for the winding up of the Agent or the appointment of a liquidator in respect of it or in respect of any of its assets or if an administrator, receive, or trustee in bankruptcy is appointed over any of the Agent's assets or if a winding up resolution, petition or bankruptcy petition is passed or presented or if any circumstances arise which entitle the Court or any creditor to appoint a receiver, administrative receiver or administrator or to prevent a winding up petition or making a winding up order or other similar or equivalent action is taken against or by the Agent by reason of its insolvency or in consequence of debt or if the Agent becomes unable to pay its debts as and when they fall due or;

5.2 Upon termination of this Agreement howsoever caused then:

(a) the Agent will immediately cease to make use of Gazelle' name and/or            ATOL Number and will cease to hold itself out as being Gazelle's appointed Agent;

(b) any monies due to Gazelle at the date of termination shall become payable immediately.

5.3 Termination of this Agreement will not affect any bookings confirmed by Gazelle to the Agent before the date of termination and the rights and obligations of the parties under this Agreement in respect of such bookings shall survive the termination and be enforceable notwithstanding such termination.
    
5.4 Termination of this Agreement is without prejudice to any other rights or remedies a party may be entitled to by the terms of this Agreement or at law.
    
5.5 Gazelle does not warrant that the complication of and the structured storage of information ("Data") held by Gazelle on its Website ("Database") will meet the Agent's requirements or that the contents of the Data or Database will be error free or accurate.

5.6 The Agent acknowledges that Gazelle owns and shall retain ownership in and to all copyright, database rights, trade secrets, proprietary rights and other intellectual property rights in the Data and the Database.  The Agent further agrees that no title or ownership of the Data or Database or proprietary rights therein is transferred or conveyed by this Agreement.

5.7 The Agent acknowledges that the use of the Data and Database requires the Agent to use his own skill and judgement.  The Agent warrants that it has such skill and judgement and undertakes that it shall at all times exercise its own judgement in the use of the Data and the Database and shall be solely liable for all use of the Data and the Database made by the Agent.

5.8 The Agent shall reproduce or, if necessary, add the copyright symbol and credit as follows "2008 Faremine All Rights Reserved" to all information obtained from the Database and on all copies made whether in printed or any other form.

5.9 The Agent undertakes to comply with such regulations, conditions or restrictions which may from time to time affect the use of the Data and/or Database including but not limited to the provisions of the Data Protection Act 1998.
    
5.10 The Agent acknowledges that Gazelle owns and shall retain ownership in and to all copyright, trademarks, proprietary rights and other intellectual property rights in the software ("Software") which comprises the Gazelle System and the support literature provided by Gazelle to users to enable them to successfully utilise the Gazelle Systems ("Documentation").  The Agent further agrees that     no title or ownership of the Software and/or Documentation or proprietary rights therein is transferred or conveyed by this Agreement.

5.11 Gazelle does not warrant that the Software and/or the Documentation will meet the Agent's requirements or that the contents of the Software and/or Documentation will be error free or accurate.
    
5.12 The Software has been thoroughly checked and tested at all stages of its production.

5.13    This Agreement shall be governed and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

5.14 No party to this Agreement should be held in breach of any of their obligations under this Agreement (save with respect to any obligations to make payment) to the extent only that due performance or observance of such obligations is prevented, hindered or delayed by reason of act of god, war and other hostilities, civil commotion, accident, strike, lock-out, trade disputes, acts or restraints of  government, imposition or restriction of imports or exports or any other cause not within the reasonable control of the party but would otherwise be deemed to  have breached his obligations under this Agreement.
    
5.15 If any provision or part of this Agreement is held (or in the opinion of independent    counsel are very likely to be held) by any Court or competent authority to be invalid or unenforceable in whole or in part then such invalidity or unenforceability shall not affect the remainder of this Agreement which shall continue in full force and effect and if any such provision would be valid and enforceable if part or parts of the wording of it were deleted or varied then such provisions shall apply with such minimum variation or deletion sufficient to make them valid and enforceable.

5.16 No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.

5.17 Except as expressly provided for in this Agreement, this Agreement is personal to the Agent and the Agent may not assign, mortgage, charge nor part with or sub-contract any of his rights, duties or obligations under this Agreement nor grant    any sub-licenses except with the prior written consent of Gazelle.

5.18 The rights and obligations under this Agreement shall be enforced and performed by each of the parties in good faith.
    
5.19 The Agent shall keep Gazelle fully indemnified against all actions, demands, proceedings, damages, losses, costs, fines and liabilities whatsoever or howsoever caused by or arising out of any act or omission of the Agent, its employees or sub-contractors which is either negligent, in breach of this Agreement, outside the scope of the authority granted by this Agreement or which constitutes willful misconduct.
    
5.20 The Agent shall at its own expense effect and maintain adequate insurance cover     to ensure that it will be able to discharge its indemnity and shall provide on request evidence of such cover together with evidence of payment of the insurance premiums.

5.21 Neither Gazelle nor the Agent seeks to limit its liability in respect of death or personal injury caused by that party's negligence nor for fraudulent misrepresentation and no provision of this Agreement shall be interpreted as such.

5.22 Notwithstanding anything to the contrary contained in this Agreement, Gazelle shall not be liable to the Agent for any Excluded Losses.  "Excluded Losses" means loss of profit, loss of revenue, damage to reputation, damage to goodwill, loss of business, loss of anticipated savings and/or any consequential, indirect or incidental loss.

6.  Variation

The terms of this agreement may only be varied in writing, signed by duly authorised representatives of both parties.

7.  Assignment

Neither party may assign the benefit of this Agreement without the prior written consent of the other.

8.  Notice

Any notice required to be given under this Agreement shall be sent by facsimile or first class post to:

a)  Gazelle Travel Ltd, 15 North Parade, Bradford, BD1 3JL, fax number 01274 381229 in the case of the Agent; or

b)  Agent's name, address and fax number  in the case of the Principal; or

c)  such other address or facsimile number as either party may from time to time notify to the other in writing.

9.  Governing law

This agreement is governed by the laws of England and Wales and both parties agree to submit to the jurisdiction of the English courts at all times.

I agree to the above terms. Required field

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