(1) In respect of Packages
Funway, the tour operator promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that they will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of Funway, their employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Funway will be responsible for what their employees, agents and suppliers do or not do if they were at the time acting within the course of their employment or carrying out work they had been asked to do.
(2) In respect of other arrangements
Funway promise to use reasonable skill and care in the performance of their contractual obligations, subject to and in accordance with these Booking Conditions. Their contractual obligations consist of using reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
Funway will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or 'force majeure' as defined above.
(4) Except as specifically set out in these conditions, Funway will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. In addition, regardless of any contrary representations made by us, we only promise to use reasonable skill and care as set out above and we do not have any further or different liability to you. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) Funway limit the maximum amount they may have to pay you for any claims you may make against them. The maximum amount Funway will have to pay you where they are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £75 per person affected unless a lower limitation applies to your claim under this clause or clause. For all other claims which do not involve death or personal injury, the maximum amount they will have to pay you if they are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most they will have to pay you for that claim or that part of a claim if they are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question. When making any payment, Funway are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves. You can ask for copies of the transport contractual terms, or the international conventions from Funway Holidays – call 0844 557 0624.
(7) Funway will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or website.
(8) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
(9) You must tell us and the supplier concerned about your claim or complaint as set out in 'Complaints and Problems' above.
(10) Funway do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
Before You Travel – Important Information
If you experience any problems with your holiday arrangements whilst away, please contact the resort management and destination representative to resolve the issue locally. If the problem is not resolved you may also contact our 24 hour USA based Helpdesk on 1–800–437 1866. Please note we will not reimburse any call charges to our helpdesk service which have been made from a mobile telephone.
Brochure Accuracy & Special Offers
We published this brochure and our website information many months in advance. Prices, special offers and the hotel and general information are accurate at that time however they may have changed since then. We do check the information regularly and we will endeavour to tell you of any known changes or errors when you book. If you already have a booking we will advise you of any significant changes as soon as we can. Special offers may be limited, and subject to availability, and in some cases restrictions or conditions of eligibility may apply. As we do not control the supply of special/free offers they can be withdrawn at any time, so please ask for verification of an advertised offer at the time of booking.
Credit Card Payment
We accept payment by credit card; however credit card charges do apply. Payments via debit card do not incur charges. We cannot accept a credit card payment provided by a 3rd party who is not a named passenger on the booking. If multiple parties are travelling on one reservation, and the payment is being split between those parties the name and billing address for each card holder is required. If a non traveller is paying for the holiday (e.g. as a wedding or honeymoon gift) we cannot process payment via credit or debit card and payment is accepted by cheque or bank transfer.
Currency & Credit Cards
Credit cards now work in most destinations but check with your bank to ensure your choice of card will be accepted when you are on holiday. We recommend you carry some cash and at least one credit card, as you will be asked for an imprint of your card upon arrival at any hotel.
Data Protection Statement
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may be passed to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in the UK. We will only pass your information on to persons responsible for your travel plans. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to process your booking. In making this booking, you consent to this information being passed on to the relevant persons).
Electronic System for Travel Authorisation Scheme
The US have a compulsory online registration under the Electronic System for Travel Authorization scheme, known as ESTA, which contains the same information as the I–94W form previously handed out on board aircraft which a passenger was required to complete and present to US immigration. The ESTA has replaced the I–94W and all travellers from Visa Waiver Countries only must apply for Travel Authorisation at least 72 hours in advance of their departure and must also have a machine readable passport. The U.S. Department of Homeland Security DHS operate these additional controls and all travellers will be responsible for supplying and processing this online declaration. The ESTA can be applied for online at https://esta.cbp.dhs.gov. Please note fees apply. ESTA covers multiple entries and is valid for two years. The Travel Authorisation is not a visa and only pre–screens the traveller and allows him or her to travel to the United States and apply for admission. An approved Traveller Authorisation is not a guaranteed entry, but is a prerequisite to travel to the United States by air or sea. A person from a non–visa waiver country should not attempt to apply for a Travel Authorisation and will require a US entry Visa. Failure to obtain an ESTA could result in a passenger being denied boarding by the airline. The alternative is to hold a valid visa. The ESTA is part of the Visa Waiver programme and does not replace the need for a visa. The Visit USA website http.//www.visitusa.org.uk/visitors/esta.aspx carries some useful background information on the ESTA.
Flight Check–in Times
Given the increase in pre–flight security screening the check–in time for all transatlantic flights is 3 hours prior to departure. As the scheduled departure may be brought forward for operational reasons you must re–check your departure time by contacting the airline directly, 24 hours before departure. Recommended check–in time for domestic and regional flights is 2 hours before the scheduled departure times.
Flight Delays and Cancellations
Funway will not accept liability, or pay compensation for (or as a consequence of) long haul/ domestic flight delays. The airline will assist by allocating you seats on the next available flight and where appropriate provide overnight accommodation. For travel delay compensation please refer to your travel insurance policy. Under EU Law, you do have rights in certain circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out above. If the airline does not comply with these rules you should contact the Civil Aviation Authority on 0207 453 6350 www.caa.co.uk.
Flight Luggage Allowance & Additional Baggage Charges
The luggage allowance on intercontinental services varies from airline to airline and cabin class with regards to weight and size. In addition, the vast majority of airlines now permit only one piece of checked baggage free of charge and extra baggage will be accepted on payment of the appropriate charge to the Airline either before or at the time of travel. Some Airlines will charge for all luggage on flights booked as a published fare and also on some US Domestic flights. Please carefully check the Airlines website regarding the applicable baggage charges, allowances and restrictions before you travel, as fees are payable at the time of check–in, and they are subject to change.
Flight Meal Requests & In Flight Catering
The majority of airlines require at least 48 hours notice for any special meal requests, including children's and vegetarian meals. We strongly recommend that you contact the airline direct, however, such requests cannot be guaranteed. Complimentary in–flight catering and non–alcoholic beverages are usually provided on transatlantic flights only. The knife and fork symbol on the airline documents is purely an indication that food will be available, it does not signify that a complimentary meal service will be offered.
Unavoidable last minute changes to scheduled flight times can occur at any time (even after the documents have been issued). It is essential that you that you reconfirm every flight with the relevant airline 24 hours prior to departure.
Flights – Transit Visa Requirements for passengers travelling to the Caribbean via US Gateway Cities
All passengers who are travelling to the Caribbean via US Gateway Cities are required to complete both the Electronic System for Travel Authorisation scheme known as ESTA and must also provide Secure Flight Passenger Data information which applies to all carriers operating within US airspace. The ESTA can be applied for online at https://esta.cbp.dhs.gov., fees do apply.
Flight Seat Requests
We are unable to guarantee any seat requests for specific seating arrangements and it may not be possible to obtain seats together. If you have a specific seating requirement or wish to be seated together you must contact the airline direct and you should be aware that some airlines charge a supplement for pre–allocated seating. All flights are non–smoking. We cannot accept any booking that is conditional upon special requests or seat allocation requests being met.
Flights – Scheduled and Charter Airlines & Codeshare Partners
Air transportation is by scheduled service of IATA member airlines and certain charter carriers. All details are correct at time of going to press and are liable to change at any time. Our confirmation invoice will detail the airline operator, origin/destination airports and provisional timings of reserved flights. Information on aircraft type, flight routings and timings of designated flights provided at time of booking is subject to change. Changes to the schedule or flight time will be advised on your final E Travel Documents but it is possible that further changes can occur. It is essential that you reconfirm every flight with the relevant airline 24 hours prior to departure. We/airlines reserve the right to substitute alternative aircraft and/or airlines at any time. Scheduled and Charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we are informed by the airline or main charterer.
Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
Please be aware that charter flights and some promotional fares and published fares of schedule airlines, require full payment at the time of booking and are non–refundable, this may increase the deposit required to confirm your booking.
It is essential that at the time of booking passengers names are an exact match with names as they appear in passports. It is common practise for scheduled airlines to use a code–share–system which may include you flying with a partner airline. Where this situation occurs, it is not classified as a major change.
Flights Delays & Cancellations (Non European Union Carriers & European Union Carriers using a Non European Union Codeshare Partner)
Passengers who are travelling with a Non EU carrier departing from a Non EU airport are not covered by the EC Regulation 261/2004: Denied Boarding, Cancellation & Delay. This restriction also applies to passengers travelling with a EU carrier who are operating a codeshare flight with a Non EU carrier and the flight departs from a Non EU Airport. The EU carriers which we currently use are British Airways, Flybe British European, Thomson Airways, Thomas Cook Airlines & Virgin Atlantic. Please ask us for codeshare details at the time of booking. We strongly recommend that passengers who are not covered by EC Regulation 261/2004 should ensure that their travel insurance provides adequate cover and does not exclude expenses incurred as a consequence of flight cancellation and lengthy delays, including any living costs which may arise due to force majeure situations, particularly those caused by extreme weather conditions.
Health & Travel Advice
At this time UK residents do not require any vaccinations for travel to the Caribbean. For the latest information please check with your GP, consult the NHS "Advice on Health for Travellers" or visit www.doh.gov.uk. For government advice on your destination see www.fco.gov.uk/knowbeforeyougo or www.abta.com.
Honeymoon and Anniversary Offers
Honeymoon and Anniversary offers which appear within the hotel description are provided on a goodwill basis by the hotelier and may be changed or withdrawn; some offers are also subject to local availability. If you are celebrating a honeymoon or anniversary and meet the conditions of the offer do ensure that this is registered at the time of booking. You will be expected to provide official verification so you should travel with your Marriage Certificate.
Sandals and Beaches Resorts are offered on a luxury included basis. Grand Pineapple Resorts offer great value accommodation on an all–inclusive basis. Hotel prices are generally based on 2 adults sharing a room. Child or 3rd/4th adult prices may be based on the existing bedding in the hotel room. While some double rooms in the hotels have two double beds, this is not always the case and, depending on the size of the hotel rooms, some may only have one double bed or two single beds. Please note most rooms DO NOT provide three single beds. A cot or rollaway bed will usually incur an extra charge. All accommodation is based on 'Run of House' or the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. In most hotels, the minimum check–in age is 18 years and above. Many hotels are keen to encourage a healthy environment and it is common for properties to adopt an entirely smoke free policy.
Hotel Building and Development Work
Many cities and hotels change and develop constantly. We have no control over building work, but we will do our best to tell you about any specific work going on at your accommodation, if there is time before you go on holiday. We are reliant upon information received from the hotels and the details provided by them. Please do bear in mind, however, that it is extremely difficult to foresee the extent, nature and effect of any such activity at a particular time.
The captain of any aircraft has absolute authority over the aircraft and passengers whilst boarding or in flight. The Captain or other authorized airline representatives can refuse to carry anyone if they are deemed unruly, unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your holiday contract will terminate immediately. Funway will have no further responsibility or liability to you.
When you book a holiday with Funway you accept responsibility for the proper conduct for yourself and your party whilst on holiday. If your actions or those of a member of your party cause damage to the accommodation in which you're staying, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify (i.e. compensate or reimburse) Funway against any claim (including legal costs) made against Funway by or on behalf of the owners of such accommodation or the operator of such flights or transportation. Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, or other person of authority, your behaviour is causing danger, damage to property or affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen we will not be liable for any refund, compensation or any other costs you may have to pay.
Marriages & Renewal of Vows
Whilst Sandals Resorts do welcome all couples in love, local laws in the Caribbean may prohibit same sex marriages and/or the renewal of vows.
Passports, Visas/ Proof of Citizenship
It is the passengers` responsibility to be in possession of a valid machine readable passport and/or visa if required. This applies to children and babies. Your passport must be valid for six months beyond the duration of your stay, and visas may be required. Requirements may change and you must check the up to date position in good time before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. These guidelines apply only to holders of UK Passports. Travellers who do not hold a UK Passport should check the passport and visa requirements with the appropriate embassy, ensuring they allow adequate time to complete formalities before the date of departure.
The majority of British machine–readable passport holders do not normally require a visa to visit the Caribbean. Those passengers who booked a twin centre stay involving a stop– over in the USA do not usually require a visa providing they will be in the USA no more than 90 days, hold a return ticket, do not have a criminal record and complete the Electronic System for Travel Authorization Scheme, known as ESTA at least 72 hours before travel. Any passengers holding a British passport issued overseas, will be required to prove, upon check–in and arrival, that they have accommodation booked in the USA and have the full address of that, including the zip (postal) code. We provide this information on your accommodation voucher so do ensure you keep this to hand. Please note that any passengers who are denied entry as a result of incomplete documentation will not be eligible for a refund. We strongly recommend that you contract your travel agent or the US Embassy for full details of the conditions of the ESTA and/or entry requirements as exclusions apply. Tel: 09055 444546 (calls are charged at £1.30 per minute) or visit www.usembassy.org.uk
Caribbean & (additional information)
The majority of British machine–readable passport holders do not normally require a visa to visit the Caribbean. However, those passengers who are travelling via a US Gateway must not have a criminal record and must also complete the Electronic System for Travel Authorization Scheme, known as ESTA at least 72 hours before travel. Any passengers who are denied entry as a result of incomplete documentation will not be eligible for a refund. We strongly recommend that you contract your travel agent or the US Embassy for full details of the conditions of the ESTA and/or entry requirements as exclusions apply. Tel: 09055 444546 or visit www.usembassy.org.uk
Caribbean Airport Departure Tax
Please note the following Caribbean airport departure taxes are not included in the holiday cost and must be paid by you locally. The tax is payable per person and is subject to change.
Saint Lucia US$22.00
Jamaica US$ 27.00**
** Most airlines do include the Jamaican Departure Tax.
Physically Callenged Customers
Funway welcomes all customers and we endeavour to meet all individual needs. In order to assist you, we must be advised at time of booking of any disability and special requirements and will forward an ABTA disability checklist for you to complete and return to us. Please note that forms must be completed and returned to us within 28 days of booking or 21 days before departure, whichever is soonest. Special facilities can be requested but may not be guaranteed. NB. Please note that whilst we try hard to meet the needs of every individual, the Grand Pineapple Resorts and also the Sandals La Toc Golf Resort & Spa are not equipped to cater for the physically challenged and therefore we do not recommend them to customers who require special assistance.
Sandals Select Rewards
Membership of Sandals Select Rewards is completely free (the only eligibility requirement is that you are a past guest of Sandals or Beaches Resorts). Upon joining members will receive 10,000 enrolment points. For further details view www.sandalsselect.co.uk. Telephone 0800 197 8946 or email Select@Sandals.co.uk. Funway Holidays are unable to guarantee that rewards will be credited to your account, and will not accept liability for any discrepancies.
Seasonal Changes & Public/National Holidays
Some destinations may experience certain times of the year when their resorts have lower occupancy levels. There are also Public, National holidays and local festivities when services may be disrupted. Should a feature be considered by you to be crucial to your holiday enjoyment it is essential you declare your specific interest/requirement at the time of booking to enable us to verify, and confirm in writing, the availability of such a desired feature. We are unable to provide all details of National or Public holidays or any local festivities which may take place during your stay. Please contact the relevant tourist office for details.
Secure Flight Passenger Data (applicable to USA & Caribbean twin centres & those travelling via a US Gateway).
Secure Flight has been introduced by the United States Transportation Security Administration (TSA) for passengers on all flights travelling in and out of the USA. This means that all bookings must have the following Secure Flight Passenger data (SFPD) collected and shown in the passenger's booking Passenger full name, date of birth, gender, itinerary. If applicable, Redress Number (Redress Number is a unique number given to a person who has previously been incorrectly identified as a watch list match). The TSA requires passengers to provide mandatory Secure Flight Passenger Data before ticketing. To assist data collection call our Reservations Team on 0844 55 70 626. Secure Flight is intended to address the security and efficiency of airline watch list checking. Compliance with Secure Flight is mandatory for all carriers operating within US airspace. Please be aware that Secure Flight does not replace APIS or ESTA and this information must still be provided. We strongly recommend that this information is captured as early as possible during the booking process to avoid difficulties with flight documentation.
If you have a special request for a facility or service e.g. adjoining rooms or low floor, we shall pass these on to the relevant supplier but we cannot guarantee that it will be met and we shall have no liability to you if it is not. We cannot accept any booking which is conditional upon special requests being met.
Transfers are included in the price of your holiday, with the exception of Grand Pineapple Resorts. Airport transfers are based on a seat in a shuttle bus. Private transfers may also be arranged, additional fees apply.
Confirmation invoice and "E" Travel documents will be sent electronically using the email address supplied at the time of booking. If you do not receive your E– documents, please call our Customer Support team on 0844 557 0626. Documents will not be issued until full payment has been received. In the event that we are asked to reissue travel documents and we agree to do so, an administration charge of £25.00 per person will be payable by you.
All parts of the world can be prone to erratic changes in weather patterns. These parts of the world are occasionally affected by hurricanes, particularly during June – November. Local tours and services may be affected by the weather. We cannot be held responsible for the weather, but will lend appropriate assistance if required. Should your travel arrangements be affected by weather conditions Funway will endeavour to assist and offer practical support, however, such occurrences are treated as 'force majeure' and we shall not be liable for any changes to your itinerary or arrangements.