Customer Terms
Terms & Conditions – Trust My Travel & Customer
YOUR ATTENTION IS DRAWN TO CLAUSES 6, 7 AND 14
1. Definitions
1.1. Booking means the contract relating to the Travel Products you have purchased from your Travel Provider;
1.2. Claim has the meaning given in clause 6.1;
1.3. Events outside of our control means an event, act, non-happening or omission beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce, the Travel Provider’s or that of any other party), failure of a utility service, banking service or transport network, act of God, war (whether declared or not) or threat of war, riot, civil commotion, terrorist attack or threat of attack, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, acts, decrees, legislation or other restriction of any government, flood, storm, default of suppliers or subcontractors, failure of your bank to make a payment or other banking delays outside of our control;
1.4. ’Insolvency Event’ means an event of insolvency in relation to the Travel Provider as set out below:
1.4.1. a bankruptcy order has been made by a court having jurisdiction over the Travel Provider’s affairs;
1.4.2. an administration order has been made by a court having jurisdiction over the Travel Provider’s affairs;
1.4.3. an effective resolution or order for the voluntary winding up has been made by a court having jurisdiction over the Travel Provider’s affairs;
1.4.4. a voluntary agreement or compromise, supervised by an insolvency practitioner, has been made binding on the Travel Provider;
1.4.5. an administrator, receiver or liquidator has been appointed on behalf of debenture holders or other creditors of the Travel Provider; or
1.4.6. such circumstances exist which are, in our opinion, equivalent to the above.
1.5. Payment: means the monies paid by you under the Booking for Travel Products;
1.6. Protected Processing Service means the service that we are providing to you in accordance with clause 5 of these terms and conditions.
1.7. Travel Provider means the party with whom you have made a Booking for Travel Products.
1.8. Travel Products means products purchased for example tickets for travel, accommodation, transfers, excursions, flights or activities (this is not an exhaustive list)
1.9. Trust Account means the English bank account administered by our independent trustees.
1.10. Trustee Services means the service provided by us if we cannot provide the Protected Processing Service in accordance with clause 5.2.
1.11. you, your means you as the customer who has entered into a Booking and has been directed to us to make Payment and who is receiving the Protected Processing Service from us.
1.12. we, us our, TMT means Trust my Travel Limited a company registered in England and Wales with company registration number is 07686704 and whose registered office is at The Cedars, New Road, Ryhall, Rutland, PE9 4HL, or depending upon your location, its affiliate, Trust My Travel US LLC, Trust Protects SL (In all cases, doing business as trustprotects.me)
2. These terms
2.1. Our policies, terms and conditions. These are the terms and conditions on which we will administer your Payment and supply our Protected Processing Service to you. Our Privacy Policy, Terms of Website Use and Acceptable Use will also apply to the Protection Service we provide you with and the administration of your Payment. You can find these here www.trustmytravel.com
2.2. What these terms cover. You have completed a Booking under a separate contract made with your Travel Provider for certain Travel Products. Your Travel Provider has taken your Booking and then directed you to us to make payment and for your financial security. By making payment in respect of your Booking to us you agree to be bound by these terms and conditions. You can read more about our Protected Processing Service at clause 5 below. A copy of the relevant insurance policy is available on request.
2.3. Why you should read them. Please read these terms carefully before you submit your Payment to us. These terms tell you who we are, how we will deal with your Payment and how we will provide our Protected Processing Service to you, including under what circumstances you may get some or all of your Payment reimbursed, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.4. English Language. These terms are drafted in the English language. If these terms are translated into any other language, the English language text shall prevail. Any notice given under or in connection with these terms shall be in the English language. All other documents provided under or in connection with these terms shall be in the English language or accompanied by a certified English translation to be provided at your cost. If such document is translated into any other language, the English language text shall prevail.
3. Information about us and how to contact us
3.1. Who we are. We are Trust My Travel Limited a company registered in England and Wales. Our company registration number is 07686704 and our registered office is at The Cedars, New Road, Ryhall, Rutland, PE9 4HL. Our registered VAT number is 123 332 066. Or depending upon your location, its affiliate, Trust My Travel US LLC or Trust Protects SL (In all cases, doing business as trustprotects.me)
3.2. How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1780679894 or by writing to us at supportteam@trustmytravel.com
3.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us. If your details change, please notify us immediately.
3.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails but not text messages.
4. Your contract with us
4.1. How we will accept your Payment. Our acceptance of your demand for our Protected Processing Service will be effective when we have processed your Payment and we email you a receipt (which is confirmation of our acceptance) at which point a contract will come into existence between you and us on these terms. Your Travel Provider will confirm your Booking separately.
4.2. If we cannot accept your Payment. If we are unable to accept your Payment, we will inform you of this in writing and will return any Payment you have submitted to us.
5. Our Service
5.1. The Travel Provider has agreed with you under your Booking that you pay for your Travel Products by making payment of the Payment to us.
5.2. Once we have processed your Payment, provided we have arranged for the Protected Processing Service to be properly and appropriately underwritten, we will transfer the Payment to the Travel Provider (less any amounts we have agreed with them we can deduct). In the meantime, your Payment will be held in our Trust Account but we shall be entitled to release funds to the Travel Provider as soon as appropriately underwritten policies have been taken out. If we cannot arrange for the Protected Processing Service to be properly and appropriately underwritten we will supply our Trustee Services to you in place of the Protected Processing Service and will provide you with a copy of the terms and conditions which shall apply. Subject to the foregoing, in addition to administering your Payment, we offer a Protected Processing Service to you. The Protected Processing Service we provide is to arrange a reimbursement of all, or part, of the Payment to you in certain circumstances as set out in these terms. You do not have to pay a fee to us to benefit from our Protected Processing Service but it is provided only in respect of your Booking as set out in these terms and conditions.
5.3. Our Protected Processing Service only applies where you can evidence a valid Booking.
5.4. Subject to 5.3 above, the Protected Processing Service is available from the point at which we process your Payment until your Booking has been fulfilled or your Payment is reimbursed in accordance with these terms or our Protected Processing Service is terminated in accordance with these terms and conditions.
5.5. Multi-Travel Provider transactions. You may have contracted with more than one Travel Provider. We will treat each Travel Provider independently but your Payment will still be protected under our Protected Processing Service in proportion to each Travel Provider’s respective rights and obligations. If we do not provide our Protected Processing Service for all Travel Providers you have contracted with, we will notify you what other protection services are available to you.
5.6. We are not liable for additional Bookings. If you make additional bookings subsequent to making your original Booking (for example for the provision of excursions or other leisure services) either from the Travel Provider or from a third party, we have no liability for the proper performance of that contract and any Payment you make for these trips or excursions will not be paid to us or form part of the Protected Processing Service unless you are informed otherwise.
6. Disputes or Complaints
6.1. If you have a dispute with regard to the quality of your Travel Products, rather than reporting a non-fulfilment of your Booking (“Quality Issue”) then we may (but we are not obligated to) take such action as we in our sole discretion deem to be reasonable to assist you in mediating a satisfactory settlement to the Quality Issue with the Travel Provider.
6.2. We may charge you a fee for the mediation of a Quality Issue that we will inform you of before proceeding. We suggest you contact the Travel Provider with Quality Issues in the first instance but please note the reporting date of a complaint is subject to the Travel Provider’s terms and conditions.
7. Travel Provider failure and Non-Fulfilment
7.1. Any non-fulfilment or partial non-fulfilment due to an insolvency event only (a “Claim”) with a Booking must be reported to us by email to dispute@trustmytravel.com within 72 Hours of when your Booking should have been fulfilled (for example if you book tickets for a performance on 1st May then you have until 4th May to report non-fulfilment).
7.2. If an issue is not reported in accordance with these terms and conditions then you will not have any form of redress against us, our representatives or our underwriters under these terms.
7.3. Any Claim will be dealt with within 28 days of the date that the Booking (or part of the Booking in the case of partial non-fulfilment) should have been fulfilled if the Travel Products had been delivered in accordance with the terms of the Booking and, provided that the terms of this clause 7 have been complied with and the Claim is found to be valid by our insurance provider and trustees, we (or our nominated representatives) will reimburse you all or part of the Payment. Once this reimbursement offer has been accepted by you this will immediately close the Claim. You shall not be entitled to any other compensation from us, our representatives, trustees or our underwriters.
7.4. Our insurance provider and trustees will investigate all Claims reported. If your Claim is not substantiated by our insurance provider and trustees you will not be entitled to any reimbursement. A Claim will only be substantiated if the non-fulfilment or partial non-fulfilment is covered by our underwriters. Generally a Claim will only be substantiated if it arises due to the financial failure of your Travel Provider.
7.5. In the unlikely event of a Travel Provider going out of business or of your Travel Products not being delivered you must inform us as soon as you become aware in line with clause 7.1.
7.6. If a Travel Provider goes out of business before you have left your departure point we will inform you, where possible, and we will make arrangements for a full reimbursement of Payment or (as your agent) delivery of the Travel Products to you from any third party supplier, provided always that we are satisfied that the Payment is protected or suitable insurance arrangements are in place; and we are able to agree this with the third party supplier. You shall not be entitled to any other compensation for any other claim from us, our representatives or our underwriters.
7.7. If a Travel Provider goes out of business once you have left your departure point or if we are unable to inform you before you depart then you should call our contact number on +44 1780 679894 immediately. We will make arrangements for replacement Travel Products or services (up to the value of the Travel Products being replaced) or will confirm in writing a full or partial reimbursement of the Payment for you to arrange replacement Travel Products.
7.8. In the case of replacement Travel Products or services we will inform you, and you can either accept such Travel Products or services in which case you will enter into a new booking contract with the provider of such replacement Travel Products or services or alternatively you can make your own arrangements and seek a reimbursement of all or some of the Payment. You shall not be entitled to any other compensation for any other claim from us, our representatives or our underwriters.
7.9. We accept no responsibility for the Travel Products or delivery thereof and shall not be liable for any breach of the Booking, misrepresentation, negligence or other failure on the part of the Travel Provider or any third party supplier.
7.10. We accept no responsibility and we will not provide you with a reimbursement where you have been unable to enjoy your Travel Products where you are at fault (including but not limited to where you do not have or are missing travel documents or you have failed to obtain the necessary vaccinations to enjoy your Booking.) You will be treated as “no show” and will have no claim against us, our representatives or our underwriters.
8. Payment for your Booking
8.1. You must follow the instructions given by us and your Travel Provider to make the Payment due for the Travel Products under a Booking. We may reject and return Payment and charge you a reasonable admin fee if:
8.1.1. the Payment is not paid from the bank account, or from a card which you registered with us; or
8.1.2. if you fail to follow our instructions for paying Payment.
8.2. Where your bank charges you to send money to us this must be borne in full by you and should not be deducted from the Payment.
8.3. We accept most debit and credit cards but we may apply a charge. You will be notified before you proceed and asked to accept the charges.
8.4. You cannot revoke the Payment once it has been made.
8.5. It is your responsibility to ensure your Travel Products are suitable for your requirements and you are responsible for ensuring you have the correct travel documents, tickets and vouchers from the Travel Provider or, that you have received the necessary vaccinations.
9. Your rights to make changes
9.1. If you wish to make a change to your Booking you must contact your Travel Provider. We cannot make changes to your Booking.
9.2. Any changes agreed between you and the Travel Provider which are notified to us by the Travel Provider in writing will be updated via our website. It is your responsibility to ensure these changes are accurate including any changes to price.
9.3. It is the Travel Provider’s responsibility to update us of any changes agreed between you and the Travel Provider. We cannot be responsible for changes made by the Travel Provider to the Booking, even when you have agreed to these changes. This may include where the Travel Provider has changed the details of your Booking, for example the airport, destination or travel arrangements.
9.4. If you need to make a change to your use of our Protected Processing Service please contact us. We will let you know if the change is possible.
10. Our rights to end the contract
10.1. We may change or cancel our Protected Processing Service:
10.1.1. to reflect changes in relevant laws and regulatory requirements;
10.1.2. if we reasonably suspect that you have given us false information;
10.1.3. to take reasonable steps to comply with the law, anti-money laundering, anti-terrorist financing legislation;
10.1.4. to implement minor technical adjustments and improvements, for example to address a security threat.
11. Providing our Protected Processing Service
11.1. You agree and accept that we will begin our Protected Processing Service for you on the date we accept and administer your initial Payment. The estimated completion date for the Protected Processing Services is 72 hours after the completion of your Booking (for example 72 hours after the return date of your Booking where this is a trip, or 72 hours after the expiry of your theatre tickets).
11.2. We are not responsible for delays outside our control. If our Protected Processing Services are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by an event outside of our control. You must also contact your Travel Provider if you want to end your contract with them and receive a refund for any Booking you have paid for but not received.
11.3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our Protected Processing Service to you. You are responsible for providing accurate and up to date information. We may need to contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our Protected Processing Service late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12. How to end the contract with us
12.1. You must contact the Travel Provider if you want to cancel your Booking. You may have to pay charges.
12.2. You do not have the right to cancel our Protected Processing Service as it is provided free of charge to you.
13. If there is a problem with our Protection Service
Please contact us at complaints@trustmytravel.com
14. Our responsibility for loss or damage suffered by you
14.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
14.2. We are not liable for your Booking or the Travel Products or delivery thereof.
14.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our Protected Processing Service.
14.4. Our liability for providing you with our Protected Processing Service will not exceed the Payment amount.
14.5. We are not liable for business losses. We only supply our Protected Processing Service for domestic and private use. If you use our Protected Processing Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
We will use the personal information you provide to us in accordance with our Privacy Policy www.trustmytravel.com/worldwide-privacy-notice/ as in force from time to time:
16. Other important terms
16.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation
16.2. You cannot transfer your rights under this contract to someone else. If you need to change your Booking details you must first contact your Travel Provider. If your Travel Provider agrees then you may transfer your rights under these terms with our consent but we may charge you an admin fee. Your Travel Provider may also charge you a fee.
16.3. Nobody else has any rights under this agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
16.7. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.