1. Introduction

1.1 Welcome to Penguin Holidays UK Ltd, your trusted holiday booking partner. These booking conditions, together with our privacy notice and any other written information we brought to your attention before we confirmed your booking, apply to your booking with us. Please read them carefully as they set out our respective rights and obligations. In these booking conditions, references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. If you have any further questions after reading these booking conditions, please do not hesitate to contact our customer services team, who will be delighted to assist you in any way possible. At Penguin Holidays UK Ltd, we are committed to ensuring that your holiday experience is a memorable one.

1.2 At Penguin Holidays UK Ltd, we act solely as an agent for travel services. When you make a booking with us, your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we will set them out clearly below. Rest assured that we work only with reputable suppliers who share our commitment to providing exceptional travel experiences.

 

2.   Booking

2.1 At Penguin Holidays UK Ltd, we want to ensure that you have a seamless booking experience. By making a booking with us, you agree on behalf of all persons detailed on the booking that you have read and understood these booking conditions and agree to be bound by them and you are over 18 years of age. 

2.2 To confirm your booking with Penguin Holidays UK Ltd, you will be required to pay the relevant deposit as specified at the time of booking. We will provide you with a booking summary and any other necessary documents related to your booking. It is important that you review these documents carefully and inform us immediately if you believe that any details are incorrect. Failure to do so may result in additional charges and may harm your rights if we are not notified of any inaccuracies immediately. Please note that it may not be possible to make changes later, so it is essential that you review all information at the time of booking to ensure accuracy.

2.3 We want to make sure that all aspects of your travel arrangements are accurate, so please check that all names, dates, and timings are correct on receipt of all documents, and advise us immediately of any errors. At Penguin Holidays UK Ltd, we do not charge for changes to documents, but you may have to pay any charges made by suppliers. It is essential that the names given to us are the same as those in the relevant passport to avoid any issues during your travel. Please double-check the details and notify us of any errors immediately.

 

3. Payment

3.1 At Penguin Holidays UK Ltd, we want to make your payment process as smooth as possible. You will be required to pay a deposit or make full payment for your booking at the time of booking. If you only pay a deposit, you must pay the full balance by the balance due date, which will be notified to you. Failure to pay the full balance by the due date may result in cancellation of your booking by the supplier, and you may be charged the cancellation fees set out in their booking conditions. Please note that all monies paid to us for your travel arrangements will be held on behalf of the supplier(s) concerned, unless otherwise stated in their booking conditions.

4. Your contract

4.1 Penguin Holidays UK Ltd will arrange for you to enter into contracts with the suppliers (tour operator, airline, or other supplier) named on your booking summary. We act as an agent for the supplier for most bookings, but we act as your agent when making a booking with most no-frills airlines. The details will be provided to you at the time of booking. Please note that the supplier’s booking conditions will apply to your booking, and we advise you to read them carefully as they contain important information about your booking. The booking conditions may limit or exclude the supplier’s liability to you in accordance with applicable international conventions. If you do not have copies of the booking conditions, please ask us for them. It is important to note that until a component has been confirmed by the individual supplier, no contract has been formed.

4.2 If you purchase flights, hotels, car rentals, transfers, or other services, each component will be provided by different third-party providers. Please note that your contract will be with the individual supplier and not with us. As an agent, we accept no responsibility for the acts or omissions of the supplier or for the services provided by them. However, please note that depending on which arrangements you book with us, a combination of travel services may be considered a package under the Package Travel Regulations, for which we are responsible as the package organiser (please see “Where we are package organiser” below for further details).

 

5. Flights

 

5.1 When booking flights with most low-cost airlines, we act as your booking agent and you appoint us to source those flights on your behalf. You will enter into a contract directly with the airline, and your payment obligations will be as agreed between you and us. We will not be liable for any acts or omissions of the airline, or for the flight service itself. Therefore, we advise you to read the airline’s terms and conditions carefully before requesting us to book your flight. By making a booking for which we are acting as your agent, you specifically agree to the terms of this clause.

5.2 When you book a charter flight with us, we act as an agent for the charter flight provider. The contract will be directly between you and the charter flight provider, and their terms and conditions will apply to your booking. We advise you to read these carefully as they contain important information about your booking. We accept no liability for the acts or omissions of the charter flight provider, or for the flight service itself.

6. If You Want To Change or Cancel Your Holiday

Any cancellation or amendment request must be sent to us in writing by the lead passenger and will not take effect until received by us. If you cancel or amend your booking, the supplier may charge the cancellation or amendment charge shown in their booking conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf, and you will also be required to pay us any applicable administration charges that we may impose.

7. Changes or Cancellations by the Supplier

We will inform you of any changes or cancellations made by the supplier as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, we will communicate the options to you and you will need to let us know your choice within the time frame we stipulate. If you fail to do so, the supplier is entitled to assume you wish to receive a full refund. Except where we act as package organiser (see “Where we are package organiser” below), we accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them. However, we will use our best efforts to assist you in finding suitable alternative arrangements where possible.

 

8. Our Service Charges

In certain circumstances, our company applies service charges which will be shown on your booking confirmation as follows:

• “Administration Fee for Supplier Failure Cover” (see “Your Financial Protection” below)
• “Service Charge” – a charge for the booking agency services our company provides to you.

Please note that the term Service Charge does not refer to our company putting together a holiday package, it is our standard charge for the service of acting as a booking agent.

 

9. Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. Unless we act as package organiser (see “Where we are package organiser” below), as agent, we accept no responsibility for the actual provision of the travel services. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that Penguin Holidays UK Ltd is found liable to you on any basis whatsoever, our maximum liability to you is limited to three times the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). Penguin Holidays UK Ltd does not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

 

10.   Complaints

10.1 The contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending on the circumstances.

10.2 If you wish to complain when you return home, write to the supplier as set out in your booking confirmation. We will, of course, assist you with this if you wish – please contact our Customer Services. If the matter cannot be resolved and it involves the company or another ABTA member, then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com.

10.3 You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint. It will not determine how your complaint should be resolved.

 

11.   Your Financial Protection

At Penguin Holidays UK Ltd., we understand the importance of financial protection for your travel arrangements. Many of the travel arrangements we sell come with financial protection in the event of the travel company’s financial failure. Please ask us about the protection that applies to your booking. 

 

12. Where we are package organiser

12.1 Depending upon which arrangements you book with us and how they are booked, your travel arrangements may constitute a package holiday where Penguin Holidays UK LTD is the organiser under The Package Travel and Linked Travel Arrangements Regulations 2018.

12.2 Where Penguin Holidays UK LTD is the package organiser, we will still be acting as an agent and your contracts will still be with the separate travel service suppliers. However, as package organiser we will be responsible for the performance of the travel services included in your package, irrespective of whether those services are to be performed other travel service providers (our suppliers). If any of the travel services are not performed in accordance with the package travel contract and we don’t put that right, we may be liable to offer you compensation, but within the limits of the law and the terms of these booking conditions.

12.3 Where Penguin Holidays UK LTD is the package organiser, You may transfer the booking to another person. An administration charge will be made of £50 per person for transfer requests made more than 61 days before departure, and £100 per person within 61 days before departure. You must also pay any further costs we incur in making this transfer. As most airlines do not permit name changes after tickets have been issued, these charges are likely to include the full cost of the flight. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.

12.4 Where Penguin Holidays UK LTD is the package organiser, if you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

12.5 Where Penguin Holidays UK LTD is the package organiser, you can contact us to complain about any lack of conformity perceived during the performance of the package or to request assistance if you are in difficulty through our Customer Relations department customerrelations@penguinholidays.co.uk. 

 

13. Special Requests

 

If you have any special requests such as dietary requirements, cots or room location, we kindly ask you to inform us at the time of booking. We will make sure to pass on all your requests to the relevant supplier, however, we regret to inform you that we cannot guarantee that they will be met. Therefore, we will have no liability to you if your requests cannot be fulfilled. Nonetheless, we will do our best to ensure your requests are taken into consideration.

 

14. Insurance

 

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available. 

 

15. Accommodation Ratings and Standards

 

15.1 At Penguin Holidays, we display accommodation ratings as provided by our suppliers. These ratings are intended to serve as a guide to the services and facilities you can expect from your accommodation. Please note that standards and ratings may vary between countries and suppliers, and we cannot guarantee the accuracy of any ratings given. Therefore, no warranty is given or implied.

15.2 Safety standards in some countries may differ from those applicable in the United Kingdom. To minimize your risk of injury during your travels, we strongly advise all customers to familiarize themselves with relevant safety information before their trip. 

 

16. Room Allocation

 

Upon arrival at your accommodation, you will be allocated a room as per your booking. Please note that check-in and check-out times may vary by supplier, and it is your responsibility to verify them directly with the supplier. Any applicable local taxes and expenses will be payable to the accommodation supplier in resort during check-out.

17. Building Work

We understand that hotel renovations and refurbishments are sometimes necessary, and they may be accompanied by noise. If we become aware of any such work, we will inform you as soon as possible, either before you make your booking or within a reasonable time of us being notified. However, please note that we cannot always predict when such work will occur, and we will not be held liable for any inconvenience or disturbance caused by building work at your accommodation.

18. Delivery of Documents

We will send all relevant documents, such as invoices, tickets, and insurance policies, to you by email  or post. Please note that we will not be responsible for any loss of documents once they leave our office, unless such loss is due to our negligence. If tickets or other documents need to be reissued, you will need to pay any charges made by suppliers. 

19. Passports, Visas and Health

19.1 We can provide general information about passport and visa requirements and health formalities for your trip. However, it is your responsibility to ensure that you have valid passports, visas, and comply with all health formalities for all countries that you will be visiting or transiting through. You should check these requirements with the relevant embassies, consulates, or online resources. Neither Penguin Holidays UK Ltd nor the supplier will be liable for any losses, damages, or expenses arising from your failure to comply with these requirements.

19.2 Please take note that airlines require photographic identification for all air travel within the British Isles. You should also check with your own doctor for any specific health requirements for your trip. You can obtain up-to-date travel advice from the Foreign and Commonwealth Office at www.fco.gov.uk. 

20. Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm, you may be refused permission to board the aircraft, and we will have no liability to you for any resulting loss or expense. 

21. Unavoidable and Extraordinary Circumstances

Except where otherwise expressly stated in these booking conditions, Penguin Holidays UK Ltd will not be liable or pay you compensation if our obligations to you are affected by any circumstances that we or the supplier of the service in question could not have avoided, even if all reasonable measures had been taken. Such circumstances may include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences, or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather conditions that make it impossible to travel safely to the destination, and all similar events outside our control or the control of the supplier concerned.

22. Behaviour

You are responsible for your behaviour during your holiday. The booking conditions of the supplier may state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers may also require you to pay for any damage caused to the accommodation. If any event of this nature occurs, we have no obligation to you. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct. 

23. Privacy notice

At Penguin Holidays UK Ltd, we are committed to protecting your privacy and handling your personal information in accordance with applicable data protection laws. Our Privacy Policy sets out how we collect, use, and protect your personal data. By providing us with your personal data, you consent to us processing it as set out in our Privacy Policy. Please read our Privacy Policy carefully before providing us with any personal data. You can find our Privacy Policy on our website or request a copy by contacting us. 

24. Law and Jurisdictions 

These booking conditions are governed by English law and any dispute or claim arising out of or in connection with these conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.