Terms & Conditions
Who We Are
FlagTH is a trading name of Magellan ltd. Registration Number 8518514 . Registered Office: 33 Miles Close, London, SE28 0NJ
What We Sell
A Package Holiday is a combination of at least two elements which may include accommodation, ground transportation i.e. a hire car or transfer, flights or other resort services which form a significant part of your holiday and booked through us at an inclusive price. These holidays are protected under the Package Tours Regulations. These regulations require us to provide security for the monies that you pay for the package holidays booked from this brochure or website.
Package Travel and Linked Travel Arrangements Regulations 2018 can be found on: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
An Accommodation Only booking is a single element of accommodation booked through us. If you book accommodation through us, we will accept responsibility for your booking in accordance with the terms set out in the relevant sections below. As this is a single component, the Package Travel, Package Holidays and Package Tours Regulations do not apply. However, Magellan ltd will protect you with the TTA membership
Your Holiday Price
Prices included in the brochure and website are in UK pounds and were calculated using an exchange rate of 1.10 Euros to £1 on the 20 November 2018 however, we reserve the right to change any of those prices from time to time.
We will be able to tell you the up to date price of your holiday and of any other services advertised in this brochure and website before your contract is confirmed at the time of booking. Changes in, transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked.
However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstance to cancel your travel arrangements, for example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. (We will refund any price difference if the alternative is of a lower value.) If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Please note that carriers such as airlines used in the brochure may be subject to change and such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes of aircraft type, change of accommodation to another of the same standard.
We consider a major change as one involving a change or substitution of accommodation to a lower grade than stated in our website or brochure (whether star rating or our own vine rating), a change of UK departure airport (except between London airports: Heathrow, Gatwick, City Airport, Luton, Stansted and Southend), a change in the time of your departure or return flight by more than 12 hours (but not a flight delay as this is covered under insurance). These changes are only examples and there may be other significant changes that constitute major changes.
Compensation payable per passenger when a major change is notified
More than 56 days NIL
55-29 days £10
28-7 days £15
Less than 7 days £25
This standard payment will not affect your statutory or other legal rights. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Events beyond our control
Force Majeure: We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics and unavoidable technical problems with transport.
If You Wish To Cancel Your Booking
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in canceling your travel arrangements, you will have to pay cancellation charges as follows:
Over 30 Loss of deposit ( 20%)
30-15 days before departure : 50%
14-8 days before departure: 90%
7-0 days before departure: 100%
Please note: When booking certain flights with some airlines, such as those that require full payment at the time of booking, a 100% cancellation charge from the time of booking will apply. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If something is not satisfactory during your holiday, you must report it to our Resort Representative and the relevant supplier, who will do everything they can to resolve the problem as soon as possible. We would prefer to solve the problem locally. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If the matter cannot be resolved while you are on holiday, please email email@example.com or write to us within 28 days of your return to allow the matter to be investigated properly. If a complaint cannot be settled between us you may, if you wish, refer the matter to arbitration.
Our Liability To You
If the contract we have with you is not performed or is improperly performed by us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: You; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the invoice total. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
We have a duty to select accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you have been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others.
We also have no liability in the following situations:
i. Where the accommodation cannot be provided as booked, due to circumstances beyond our control (see the Note in clause ‘If We Change or Cancel Your Holiday’).
ii. Where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. Where you incur any loss or damage that relates to any business activity.
iv. Where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.
Prompt Assistance In Resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
When you book through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behavior is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may incur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by them or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result. This will also apply if, in the opinion of the transport carrier, you appear unfit to travel or are likely to cause disturbance or danger to other passengers.
The Conditions Of Your Ticket
When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own Conditions of Carriage will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions.
Flights provided by Magellan Ltd using British Airways, EasyJet, Ryanair, Meridiana, Jet2, Flybe, Thomsonfly, Alitalia, Airone, Titan Airways, Air France, BMI Regional, Air Corsica and other schedule, low cost and charter airlines, are protected by ATOL. The intended airlines may be substituted by alternative airlines if necessary. Flight times shown are for your guidance only, confirmed flight times will be printed on your flight e-tickets/boarding passes. Please check these carefully when you receive them. Airline regulations require women who are 28 weeks or more pregnant, on the date of return travel, to have a doctor’s certificate stating that they are fit to travel. This brochure and website are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight. If you have booked your own flight, but the rest of your holiday with Magellan Ltd, the flight element of your holiday will be subject to the terms and conditions of that airline and are not protected by Magellan Ltd.
Unfortunately, some flights may be delayed. These delays are completely outside of our control but we will liaise with our resort staff to make sure any delay is as comfortable as possible, your overseas transfer arrangements are changed if necessary and your accommodation is informed of your late arrival or departure. Our objective is to minimize the nuisance of delays as much as possible.
Passports, Visas & Travel Documents
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. British citizens currently do not require a visa to visit Italy or France, however, your passport must be valid past your return date. If you are not a British citizen or require further information on passport and visa requirements please visit www.gov.uk/foreign-travel-advice. If planning to hire a car, please ensure that all drivers take their original driving licence with them for presentation to the car hire company at the pickup point. You will also need a major credit card. We cannot be held responsible for any failure on your part to provide these documents. Please note that you should carry some form of ID with you at all times in Italy.
Health & Safety
Your wellbeing whilst on holiday is of prime importance to us and we will do our best to ensure your holiday is safe and trouble-free by working with our accommodation and service providers to improve standards. It is, however, important to remember that standards abroad are not always the same as those we would expect at home and so we do ask that you take care whilst you are away. We strongly urge you to follow the safety guidelines detailed in our documentation plus any extra information afforded by individual accommodation and service providers. All properties we offer receive a regular inspection as well as ongoing reviews throughout the season.
Fire safety: Always familiarise yourself with the fire exit routes and fire safety equipment on arrival at your accommodation.
Personal safety: Use common sense and take the same care for your safety and belongings as you would do at home. Most resorts are generally safe but you are advised not to walk alone at night in unlit areas or obviously display valuables. We recommend the use of safety deposit facilities at your accommodation (there may be a small charge for this). Please take notice of the advice given by our Representatives about local conditions.
For Guidance and Information: Please check with the Foreign and Commonwealth Office email: TravelAdvicePublicEnquiries@fco.gov.uk or visit their website: www.gov.uk/browse/abroad/travel-abroad.
Inoculations: At the time of the website going live and the brochure going to print, there are no recommended inoculations for visiting Italy. However, we do advise you to check the latest information with your GP or health center.
Health and Hygiene: You should take care to minimize the risk of holiday illness while you are away and should take advice about your specific needs before you go.