These terms of service and any document referred to within them (collectively, the “Terms of Service”) set out the terms on which Crossing Travel Company Limited (“Crossing Travel”, “we”, “us” or “our”) provides access to our bespoke hotel and travel booking services via our website www.crossing.travel or any app we release or operate (the “Service” as more particularly detailed in clause 4)
Please read these Terms of Service carefully before using the Service. When you use the Service to book a hotel or a trip, you agree to these Terms of Service. If you do not agree to these Terms of Service you must not use the Service.
1. WELCOME TO CROSSING TRAVEL.
Crossing Travel is a boutique travel booking company that strives to provide reservations at the most luxurious global hotel accommodation and associated trip booking services for its individual and corporate client’s at the most competitive prices.
2. YOUR RELATIONSHIP WITH US.
2.1. These Terms of Service govern your relationship with Crossing Travel in respect of your use of the Service. It is important that you read and understand the Terms of Service before using the Service.
2.2. If there is anything within the Terms of Service that you do not understand, then please contact us at [email protected] to discuss what this means for you.
2.3. By accessing our website or app you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Service.
3. INFORMATION ABOUT US.
Crossing Travel Company Limited is a company registered in England under company number 07399000. Our registered office is at 10 John Street, London WC1N 2EB.
CROSSING TRAVEL’S SERVICE.
3.1. Whenever you contact us with a request to purchase hotel accommodation, flights, tours or other package trip or tour, one of our experienced team of agents will discuss your specific requirements with you in order to tailor a bespoke travel solution to your needs.
3.2. Using our contact network with hotels, airlines, tour operators and other third party providers (each being a “Travel Provider”), we will provide a proposed itinerary based upon your requirements (“Proposed Itinerary”).
3.3. Whenever you authorise us to proceed with a booking on your behalf on the basis of a Proposed Itinerary this constitutes an offer for us to make such bookings on your behalf (“Instruction”). Unless agreed otherwise in our correspondence, all Instructions that are offered/presented through the Service shall be for accommodation only.
3.4. We are not obliged to accept such Instruction and will confirm to you if we decline such Instruction or are otherwise unable to do so.
3.5. If we choose to accept your Instruction then we will book the proposed travel solution on your behalf at the most competitively prices we can secure from the relevant Travel Provider(s) and we enter directly into a contract with the relevant Travel Provider(s).
3.6. The contract between you and Crossing Travel will only be made when we confirm acceptance of your Instruction via email or telephone, which may be at the same time as confirming the Booking.
3.7. In accordance with clause 6, your agreement is with Crossing Travel for the provision of our Services in consideration for the amount of fees set out in the Proposed Itinerary and shall be upon the terms and subject to the conditions set out in these Terms of Service (each being a “Booking”).
4. DATA PROTECTION.
Crossing Travel Company Ltd is the data controller of any personal information that you provide such as name, address and any special needs, health, medical, mobility or dietary requirements, under the Data Protection Act 1998. In order to process your booking and ensure that your travel arrangements run smoothly and meet your requirements, we need to use the personal information that you provide to us. We may pass personal information on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and local tour operators. Your personal information may also be provided to public authorities such as customs and immigration, security and/or credit checking companies, credit and debit card companies and government and enforcement agencies if required by them, or as required by law. We may also use your personal information for the purposes of carrying out security checks. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes.
If you travel outside the European Economic Area (EEA), your personal information may have to be sent outside the EEA where controls on data protection may not be as strong as the legal requirements in this country. This may also apply 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 cannot properly effect your booking. In making this booking, you consent to this information being passed on to the relevant persons.
If you are travelling to the US, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. International travellers who are seeking to travel to the US under the Visa Waiver Programme (VWP) are now subject to enhanced security requirements and will be required to complete an ESTA (Electronic System for Travel Authorisation) 72 hours before departure and pay an administrative fee. This can be completed on the following website: https://esta.cbp.dhs.gov/.
The personal information that you provide to us or which is obtained through your dealings with us, will also be used by us or by processors on our behalf: to review your dealings with us including your purchasing and preferences; to review, develop and improve the trips and services that we offer; for market research purposes and for statistical analysis.
We may wish to contact you by post, email and/or telephone with news, information and offers. To alter your marketing preferences please write to us at [email protected]. If you wish to obtain a copy of the personal information held about you, please write to the above address. We may make a charge for supplying this information as permitted by law.
5.1. You acknowledge that wherever we accept your Instruction you will be under an obligation to pay for all fees, charges, our booking fee and any other amounts associated with such Instruction as set out in clause 7 (inclusive of any taxes that we confirm to be payable by you in the Proposed Itinerary) (collectively “Fees”).
5.2. You must ensure that you (and any travel companions) are eligible for any Booking and able to travel on the dates for which the Booking is to be made prior to issuing your Instruction. It is your responsibility to keep up-to-date your contact details with Crossing Travel so that we can contact you if necessary about the Booking.
5.3. If you (or any travel companions) have any special requests you must let us know during the booking process set out in clause 4. Crossing Travel will attempt to pass on all reasonable requests to Travel Providers, but cannot guarantee that such requests will be met by the Travel Providers.
5.4. If you have a pre-existing medical condition which may affect your Booking, you must let us know before issuing an Instruction in order that we can ascertain whether the Proposed Itinerary is suitable before proceeding to making a Booking. To the extent permissible be law, neither Crossing Travel nor any Travel Providers shall be liable for any cancellation or other disruption to your Booking that is directly or indirectly caused by your failure to advise us of such pre-existing condition.
5.5. We will charge your nominated payment method with all relevant Fees after we have made your Booking. Once we receive confirmation that payment has been approved, we will send you a further email or emails containing the details of the Booking, including all relevant confirmation documentation as may be required by the relevant Travel Provider(s) at your time of travel, and shall
(a) in the case of a hotel, set out details of the Booking (including the date(s) of stay, hotel name(s) and address(es)); the identity of the Travel Provider(s) supplying the hotel; and confirm receipt of your associated payment;
(b) in the case of a package or tour Booking, set out details of the Booking (including the date(s) of stay, hotel name(s) and address(es)); the identity of the Travel Provider(s) supplying the package or tour; and confirm receipt of your associated payment.
5.6. Where applicable we will issue you with an ATOL Certificate issued under that Travel Provider’s ATOL licence upon receipt of payment from you (see further details about AOL Certificates at clauses 14 and 15 below).
5.7. When you receive documentation for your Booking, please ensure you check that your personal details are correct and in the event that the Booking involves travelling abroad, that they match the names and ages on the passport(s). If this is not the case, please contact us as soon as possible.
5.8. In the event that tickets and/or travel documents do not arrive by post or email within the timeframes that we have advised to you, please contact us immediately at [email protected].
6. TRAVEL INFORMATION.
6.1. We will rely upon the accuracy of any information that you provide us in connection with your Planned Itinerary, Instruction and Booking and neither Crossing Travel nor any Travel Provider shall bear any liability whatsoever for any inaccuracies in your Booking that were made or introduced on your instruction.
6.2. Please note that whilst we can provide general information about the passport and visa requirements for your trip, your specific passport and visa requirements, and other immigration requirements are solely your responsibility and you should confirm these with the relevant embassies and/or consulates.
6.3. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
6.4. Most of the passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your travelling party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel.
6.5. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Neither we, nor any Travel Provider that we use, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
6.6. 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.
It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. Please ensure that you have a valid travel insurance policy in place from the time the Booking, to cover you for the countries and activities you may be undertaking on your trip.
8. BOOKING PRICES AND FEES.
8.1. The prices attributable to any Booking will be as quoted in the relevant Proposed Itinerary.
8.2. The price set out in the Proposed Itinerary will include VAT, together with any other relevant taxes such as any local booking tax or Air Passenger Duty (where it applies).
8.3. Any booking fee or other Fees that we charge for providing you with the Service will be set out with the other payment details in the Proposed Itinerary.
8.4. The prices we obtain from Travel Providers may change from time to time, including after you have issued your Instruction. If a price changes after we receive your Instruction but priority to a Booking being made on your behalf then we will advise you of such change and check that you still wish to proceed with your Instruction on the basis of the new amount of Fees payable. Please note that changes in prices will not affect any Booking that has already.
8.5. You agree that by issuing an Instruction to us you are under an obligation to pay us all associated Fees once we have agreed to such Instruction in accordance with clause 4.6.
9.1. By issuing an Instruction to us, you are confirming that the payment details provided in your Instruction are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your Booking.
9.2. If you have any query about an amount that has been charged by us to your credit or debit card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card.
9.3. If you pay for your Booking with a credit card, a processing fee applies. This processing fee will not be greater than the cost to us of processing your payment. The amount of the processing fee will be displayed before you pay for the Booking.
9.4. Crossing Travel will be able to issue an invoice and provide a VAT invoice for your booking fee or card surcharge upon demand.
10. ALTERATIONS BY YOU.
10.1. Placed Bookings cannot be changed by you nor can they be refunded.
10.2. Notwithstanding clause 11.1, if you wish to make a change to your Booking, then Crossing Travel may, at its sole discretion, assist you to make a change to the details of the Booking. Crossing Travel gives no guarantee that any such attempts will be successful and we will not be responsible for any charges that you may need to pay in order to give effect to any such change (which shall be separate and additional to the Fees and may need to be paid directly to a relevant Travel Provider). Crossing Travel may charge you in order to give effect to any such change to a placed Booking and we will advise you of these prior to assisting with any attempted change to your Booking.
11. CANCELLATIONS AND AMENDMENTS BY TRAVEL PROVIDERS.
11.1. If a Travel Provider informs us of a change to your Booking, we will inform you. Most changes are minor changes, however, occasionally we have to notify you of a “significant change” that a Travel Provider has made to a Booking. A significant change is a change made before the start of the Booking which, taking into account the information given to us at the time of issuing the Planned Itinerary, issuing your Instruction or placing your Booking, we can reasonably expect to have a major effect on your Booking.
11.2. In the unlikely event of a Travel Provider amending, cancelling part of, or making any other significant change to, your Booking we will tell you as soon as possible. If there is time to do so before the start of your Booking, we will use reasonable efforts to seek (but cannot guarantee) to secure from the Travel Provider an offer to you of one of the following options (depending on the nature of the Booking):
(a) accepting the changed arrangements; or
(b) for hotel Bookings only: a choice of accepting an alternative reservation or cancelling your reservation together with a full refund of all monies you have paid. In the event of no alternative being available from the Travel Provider, we may cancel the Booking and give a full refund; or
(c) for package Booking only:
(i) choosing a replacement Booking of a lower, similar or higher standard to that originally booked if available. In the event you accept a new Booking of a lower standard you will be entitled to recover the price difference between the price you paid and the price of the revised Booking. If you accept a new Booking of a similar standard, there will be no extra charge. If you accept a Booking of a higher standard, you must pay the price difference between your purchased Booking and the higher priced Booking; or
(ii) cancelling the purchased Booking together with a full refund of all monies you have paid.
11.3. Crossing Travel will not give you any of the above options in the event that a change to the Booking is a minor change. Where you have booked a flight through Crossing Travel, please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if advised) or a change of a destination airport usually qualify as minor changes.
11.4. In the rare cases that a Travel Provider cancels your Booking entirely, you will be notified by Crossing Travel, the provisions of clause 13 will apply.
12. CANCELLATIONS BY YOU.
12.1. As all Bookings are for specific dates, once we accept your Instruction, you will generally have no statutory right to cancel. The provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 relating to the cancellation of contracts do not apply to accepted Instructions where a Booking has been placed.
12.2. However, Crossing Travel may provide you with reasonable assistance and, if cancellation is possible, some charges may apply which we will advise you of at the relevant time.
13. ATOL PROTECTION.
13.1. Where we provide you with a Booking for flight-inclusive trips, these are often financially protected by the relevant Travel Provider under the ATOL scheme. ATOL protection does not apply to all travel services. Please ask us to confirm what protection may apply to your booking.
13.2. If you have booked a qualifying flight-inclusive package trip from us through the Service, then this will be ATOL protected under the relevant Travel Provider’s ATOL licence and you will receive an ATOL Certificate. Please see clause 15 below for more information, and for further information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLcertificate.
13.3. As accommodation only Bookings are not required to be financially protected by Travel Providers in the UK, these Bookings will not be financially protected.
13.4. Please note that Crossing Travel does not itself hold an ATOL licence and any such protection will be provided by the relevant Travel Provider, which is independent of Crossing Travel.
14. FLIGHT-INCLUSIVE BOOKINGS – YOUR FINANCIAL PROTECTION.
14.1. When you buy an ATOL protected flight inclusive trip through the Service you will receive an ATOL Certificate. This lists what sums are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
14.2. The relevant Travel Provider identified on your ATOL Certificate will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where the Travel Provider are unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with equivalent products/services to the ones that you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your Booking to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
14.3. If the Travel Provider identified on your ATOL certificate is unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the ATOL protected services or products, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
14.4. As detailed in clause 14.4, Crossing Travel is not an ATOL holder and any ATOL certificate issued to you in connection with a Booking is issued in the name of the ATOL holder identified on the ATOL certificate provided to you.
15. OUR LIABILITY TO YOU.
15.1. Subject to clauses 7, 14, 15 and 17, if Crossing Travel fails to comply with these Terms of Service, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms of Service or our negligence.
15.2. We will not be responsible for any loss or damage that is not foreseeable.
15.3. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
15.4. The maximum loss or damage we will be responsible for under clause 16.1 is limited to the Fee you paid us when using our Service to place any particular Booking to which the loss or damage you suffer relates.
15.5. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other limitation that is excluded by law from time to time.
15.6. This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. EVENTS OUTSIDE OUR CONTROL.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in connection with a Booking that is caused by events outside our reasonable control including (but not limited to) acts of god, fire, flood, severe weather, volcanic activity, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
17. RESOLVING DISPUTES.
17.1. If you are unhappy with any aspect of your Booking and wish to complain, then please raise this with us directly so that we can try to address any issues raised by you.
17.2. If you have a dispute with Crossing Travel, relating to our Terms of Service and the contract made with us when we accept your Instruction, please contact us at [email protected] can also write to us at: Crossing Travel, 10 John Street, London WC1N 2EB.
17.3. In the unlikely event that we are unable to resolve the dispute, we will discuss with you the most effective way of resolving your concerns using mediation or arbitration based on the nature of the dispute.
18.1. Each of the paragraphs of these Terms of Service operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.2. These Terms of Service set out the written terms of our contract with you for the provision of the Service. If part of these Terms of Service cannot be enforced then the remainder of these Terms of Service will still apply to our relationship.
18.3. We may modify or update these Terms of Service from time to time for reasons including:
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
18.4. We will notify you of any material changes to these Terms of Service either using either the usual method of communication we use to contact you or using a notice on our website or app.
18.5. Any contract made between you and Crossing Travel is only made between you and us. No third party will have any rights to enforce any of its terms, with the exception of the rights provided for the Travel Providers, suppliers and Air Travel Trust Trustees under clause 14.
18.6. We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
19. LAW AND JURISDICTION.
19.1. These Terms of Service are governed by English law. This means that the contract between us and you allowing you to use the Service and any dispute or claim arising out of or in connection with it will be governed by English law.
19.2. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
19.3. If you are a resident of an EU country that other than the UK, you may also bring proceedings in your country of residence under the laws of that country.
20.1. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
20.2. If you have any queries about these Terms of Service or any other element of your Booking, please contact us and send us an email at [email protected] or contact us on the phone: +44 7535 8888 38 (Mon – Fri: 8am – 8pm UK time). We’ll be here to help.