1. Definitions
In these conditions of contract:
"Portman" means Portman Travel Limited, a
company incorporated under the Companies Acts (Registered Number
00620104) and having its Registered Office at:- Royal London House,
22-25 Finsbury Square, London, EC2A 1DX and/or its subsidiaries
and/or its associated companies and/or its authorised agents
appointed in writing by Portman.
"Customer" means any person, firm or company
with whom Portman contracts for the provision of Travel Arrangement
Services by Portman.
References to "you", "your" etc, are references to the Customer,
authorised representatives of the Customer or those for whom travel
is requested by the Customer.
"Passenger" means any Passenger in respect of
whose travel Portman provides the Travel Arrangement Services on
the instructions of the Customer.
"Travel Arrangement Services" means Portman's
services in recommending, booking and/or otherwise arranging,
negotiating and reporting of the supply of travel by air, land or
sea, accommodation, car hire, travel insurance or other related
travel services by Third Party Suppliers to the Customer.
"Third Party Suppliers" means any third parties
who supply any travel by air, land or sea, accommodation, car hire,
travel insurance or other related travel services to the
Customer.
"Materials" means all or any expertise,
business systems, documentation, programs and all other Materials
owned by or available to Portman and which existed before the
Project was commenced.
"Project" means the establishment of an on-line
booking system for a Customer with such functionality (or the
making of amendments to any existing such system) as are agreed in
the order by both parties.
"Work Product" means any articles, apparatus,
Materials, items, data, goods, software, hardware, system,
supplies, equipment or any other Materials Portman provides to the
Customer in relation to the Project.
"Consolidator Ticket" means any Travel
Arrangement Service arranged on behalf of the Customer by Portman
with a Third Party Supplier on a wholesale basis, or as agent, at a
rate below the published rate.
"Corporate Net Ticket" means any Travel
Arrangement Service arranged on behalf of the Customer by Portman
with a Third Party Supplier on a wholesale basis, or as agent, at a
rate agreed in advance between the Customer and a Third Party
Supplier.
"Wholesale Ticket" means any Travel Arrangement
Service arranged on behalf of the Customer by Portman with a Third
Party Supplier on a wholesale basis at a rate available to the
general public.
"Published Price Ticket" means any Travel
Arrangement Service arranged on behalfof the Customer by Portman
with a Third Party Supplier as agent at a rate available to the
general public.
"Booking Channel" means the method by which the
Customer communicates to Portman its requirement for Portman to
supply the Travel Arrangement Services (e.g."Offline" means by
personal visit, telephone call, letter, fax, and/or e-mail,
"Online"means by making the booking on Portman's online booking
system).
"Booking Fee" means the fee levied by Portman
to the Customer for supplying the Travel Arrangement Service and
any ticketing/confirmation (which for the avoidance of doubt is in
addition to the amount quoted or charged to the Customer by Portman
on behalf of itself or the relevant Third Party Supplier in respect
of the underlying travel, accommodation or other services
supplied).
"Management Fee" means any fee levied by
Portman to the Customer for services such as alternative fare
quotes, local and/or international account management, management
information including any Electronic Data, credit account,
management of credit/charge cards systems, travel policy advice,
travel policy management, Customer internal spend authority
management, volume pricing negotiation and/or monitoring,
electronic quality control, best buy fare guarantee, delayed
ticketing option, etc.
"Payment Method" means the method that the
Customer uses to pay Portman (E.g.Credit Card, Charge Card, Credit
Account, etc.).
2. General
a) The conditions shall be deemed to be
incorporated into all contracts made by Portman with the Customer
to the exclusion of all other terms and conditions and all work
undertaken by Portman shall be deemed to be carried out on the
terms of these conditions unless otherwise expressly agreed in
writing by Portman.
b) Portman shall provide such Travel
Arrangement Services to the Customer as may be requested by the
Customer from time to time. In the absence of any express written
instructions to the contrary, Portman may accept (and the Customer
shall be bound by) any requests made by any employee, agent or
other representative of the Customer.
c) By making a booking, the Customer is
entering into a legally binding contract with the relevant Third
Party Supplier in respect of the goods and/or services to be
provided by such Third Party Supplier and which is subject to the
terms and conditions of that Third Party Supplier (copies of which
are available to the Customer on request). For the avoidance of
doubt, Portman shall not be responsible for any default or failure
in any supply by any Third Party Supplier or for any loss, claim,
cost, damage or injury incurred by the Customer or any Passenger
(directly or indirectly) as a result thereof. Portman is not a
fiduciary of the Customer and does not assume any fiduciary duties
to the Customer. The Customer will choose whether or not to accept
a price quoted by Portman for any Travel Arrangement Services based
on its satisfaction with the amount quoted for such Travel
Arrangement Services.
d) No Passenger or any other third party will
have any rights against Portman, whether pursuant to the Contracts
(Rights of Third Parties) Act 1999 or otherwise.
e) Buy Smart - 30 minute Price Guarantee
Portman believes that the prices sourced on the Customers behalf
are amongst the keenest in the market. So if the Customer can find
a better offer for the same * Travel Arrangement Service within 30
minutes after having accepted the Portman quote for your
journey, Portman will refund the price difference.
The following conditions apply:
Offer excludes normal Portman administration fees, Booking Fees
and/or Management Fees.
*Same Travel Arrangement Services means an exact like-for-like
customer requirement, including Booking Channel and Payment
Method.
Evidence of alternative price to be submitted by email within 30
minutes to 30minuteguarantee@Portmantravel.com
quoting Portman booking reference
"Accepted the Portman quote"' means booking confirmed and
committed/ticketed by Portman.
This offer may be amended or withdrawn at any time in which case
the remainder of the Portman standard terms and conditions still
apply.
f) Subject to prior agreement Portman can
arrange for pre payment by credit card of hotel and other Travel
Arrangement Services. The Customer accepts that subsequent delays
in receiving supporting documentation from Third Party Suppliers
may result in delays by Portman in billing. Any delay does not
change the obligation to Portman. Portman will charge a service fee
at the rate of 1.5% per month on all overdue sums until paid.
3. Payment
a) Portman shall contract with the Third Party
Suppliers on behalf of the Customer and the Customer shall pay to
Portman on demand all costs, fees, taxes etc invoiced by Portman to
the Customer in respect of items contracted with the Third Party
Suppliers.
b) If credit account facilities have been made
available by Portman to the Customer then all sums due by the
Customer to Portman shall be payable as set out in paragraph 3(d)
below. Portman reserves the right to decline credit account
facilities or to withdraw such facilities. Portman reserves the
right to retain any funds due to the customer such as refunds or
credits to offset against any outstanding debt. Should no such
credit account facilities be made available by Portman to the
Customer or should these facilities be at any time withdrawn then
Portman reserves the right to request an advance payment from the
Customer in respect of all contracts to be entered into on behalf
of the Customer
c) Upon the withdrawal of credit account
facilities all monies owing to Portman will become immediately
payable.
d) Payment by the Customer of monies
outstanding upon credit accounts is due as cleared funds on the
15th day of the month following the date of the invoices, excluding
invoices for foreign currency or travellers cheques which are due
for payment by the Customer upon receipt of the invoice.
e) Portman confirms that it does pass
information with respect to the Customer account to a third party
for credit reference purposes in the course of financing its
business and the Customer consents to this.
f) The Customer shall pay Portman's current
administration fee (details on request) in respect of any
Consolidator tickets and/or Corporate Net Tickets and/or Wholesale
Ticket plus any credit card merchant fees or other like fees
incurred by Portman in addition to any Booking Fee and/or
Management Fee.
g) The Customer shall pay Portman's current
delivery fee (details on request) in respect of any items that are
physically delivered to the Customer by Portman.
e) Portman reserves the right to charge an
administration fee for amendments or cancellations of any bookings,
including where no additional documentation is required, if deemed
by Portman to be excessive.
f) The Customer is responsible for the accuracy
of all data supplied to Portman. In the event that such information
is found to be incorrect additional costs may apply to correct such
data. More details on request.
g) Travel Arrangement Services not
ticketed/committed to by the Customer at the time of booking may
incur a higher fee. Until the booking is confirmed and committed to
by the Customer the price cannot be guaranteed and is subject to
change. In addition the Travel Arrangement Services may be subject
to cancellation by the Third Party Supplier without prior notice.
It is important to note that some Third Party Suppliers may apply a
charge for Travel Arrangement Services not cancelled in advance of
the departure date.
h) All calls may be silently monitored and
recorded for training and quality purposes.
i) Where payment for Travel Arrangement
Services is made using a Portman Travel credit card the Customer
indemnifies Portman Travel from any misuse of the card by any
current or past employee. An additional charge per transaction may
apply when such a card is used. In making such bookings Portman
Travel acts as an intermediary on behalf of the Customer and for
the avoidance of doubt, Portman shall not be responsible for any
default or failure in any supply by any third party or for any
loss, claim, cost, damage or injury incurred by the Customer or any
Passenger (directly or indirectly) as a result thereof.
j) Credit cards:
From time to time Portman Travel may be required to make payment
on your behalf to suppliers for online or offline transactions
using a Portman Travel credit card. In doing so you indemnify
us for all transactions arranged on behalf of staff representing
your company. In addition additional fees may apply for such a
service and the cost of reconciling the credit card statement.
4. Refunds
a) Credit notes or refunds (if any) for Travel
Arrangement Services not used may only be issued upon the return of
the relevant documentation relating to the travel service concerned
and are subject to the terms and conditions of the relevant Third
Party Supplier. Failure to return the said documentation will imply
an acceptance of the invoice for the travel services and payment
will become due as per the standard payment terms set out in Clause
3 above.
b) In the event that any cancellation or refund
requires the consent of or calculation by the relevant Third Party
Supplier then the account issued shall remain due and payable in
terms of Clause 3 above and any sum refunded by the Third Party
Supplier shall only be credited to the Customer's account on
receipt of same by Portman from the Third Party Supplier.
c) Documents for Refund must be sent to Portman
by registered mail.
d) Without prejudice to the generality of
Clauses 4(a) and 4(b) above, the Customer acknowledges and agrees
that:
e) Any credit notes or refunds in respect of
rail travel services can only be issued provided the relevant
documentation is returned within one month of date of the issue of
the said documentation (or on any other terms relating to the
ticket issued in respect of the rail services in question); and
f) Not all tickets may be refunded or altered
and that any refunds made may be liable to any fees, which Portman
and/or the Third Party Supplier may from time to time levy.
g) If the Customer is unsure as to the
cancellation and/or refund provisions of any particular ticket or
the charges levied then clarification should be sought from Portman
at the time of booking.
h) Portman operates an e- ticket refund
tracking service on behalf of all clients, on a 'no win no fee'
basis, terms and conditions apply.
5. Late Payments
In the event that any sums due by the Customer to Portman are
not paid when due then, without prejudice to any other remedies of
Portman, Portman may at any time:
a) Suspend all or part of the provision of
Travel Arrangement Services to the Customer; and/or
b) Charge a service fee at the rate of 1.5% per
month on all overdue sums until paid; and/or
c) Cancel (without any liability to the
Customer or to any Passenger) any bookings made on behalf of the
Customer, with any cancellation fees incurred as a result thereof
being for the account of the Customer.
6. Liability
a) In the event of a claim by the Customer or
by any Passenger in respect of the supply of the Travel Arrangement
Services or any other liability whatsoever for which Portman is
responsible in law, Portman's maximum liability is in any event
restricted to the lesser of (i) the total amount paid to Portman by
way of fees for the supply of the Travel Arrangement Services
concerned by the claimant and (ii) any additional expenses incurred
by the claimant.
b) Subject to Clause 6(a) above, Portman shall
incur no liability whatsoever to the Customer or any Passenger in
respect of any direct, indirect or consequential losses (howsoever
incurred).
c) The Customer acknowledges and agrees that it
is reasonable and prudent for the Customer (and/or any Passenger)
to put in place a policy of insurance in respect of any loss,
claim, cost, damage or injury incurred in connection with the
Travel Arrangement Services or any travel resulting therefrom.
Portman shall use all reasonable endeavours to assist the Customer
and/or the Passenger in obtaining such a policy of insurance from
an insurer on the express request of the Customer and on payment of
the appropriate premium. The Customer agrees to make each and every
Passenger aware of the provisions of this Clause 6.
d) Nothing in these terms and conditions limits
Portman's liability in respect of death or personal injury where
such liability cannot by law be excluded.
7. Waiver
In the event that Portman should at any time expressly or by
implication waive any of its rights contained herein such waiver
shall not be deemed to prejudice in any way the enforcement of such
rights by Portman on any subsequent occasion.
8. Variation
Portman reserves the right to vary the terms of these Standard
Conditions at any time; such variation shall take effect
immediately and will be available to view online.
Portman reserves the right to review and adjust all elements of
fees without prior notice to take account of (but not limited to)
inflation, increased charges, costs, or changes to terms and
conditions by suppliers or other parties that may impact on
us.
9. VAT
VAT will be charged where applicable at the rate in force on the
date of supply.
10. Data Protection
In providing Travel Arrangement Services to the Customer,
Portman may collect and process personal data (including names,
contact details, travel preferences and dietary requirements)
relating to the Customer and/or the person for whom the Customer is
making travel arrangements, in order to make bookings with Third
Party Suppliers. Portman may also use that personal data in
order to market additional services it may wish to supply to the
Customer (if you do not wish to receive any marketing materials
from Portman, please contact us using through your Portman account
manager.
The Customer acknowledges that in order to make a booking with
Third Party Suppliers, Portman may transfer to, and store personal
data outside the European Economic Area, and the Customer consents
to Portman transferring and storing personal data in this
way.
A copy of the personal data, which Portman holds about the
Customer and the people for whom the Customer is making travel
arrangements, can be requested by the Customer you or them (as
applicable) at any time.
Portman may disclose the said personal data to third parties (a)
in the event that Portman sell or buy any business or assets, in
which case Portman may disclose the said personal data to the
prospective seller or buyer of such business or assets; (b) if
Portman or substantially all of its assets are acquired by a third
party, in which case personal data held by it about its customers
will be one of the transferred assets; and (c) if Portman are under
a duty to disclose or share the said personal data in order to
comply with any legal obligation, or to protect the rights,
property or safety of Portman, its customers, or others. This
includes exchanging information with other companies and
organisations for the purposes of fraud protection and credit risk
reduction.
Questions, comments and requests regarding this data protection
policy are welcomed and should be addressed to your nominated
Portman account manager.
11. Confidentiality
Each party undertakes to the other to keep confidential all
information (written, oral, or in electronic form) concerning the
business, business systems, methodologies, and affairs of the other
that it shall have obtained or received as a result of engagement
in the Project.
12. Affiliations
IATA
All Portman ticketing locations are licensed by IATA
(International Air Transport Association) to issue scheduled
airline tickets. To be licensed by IATA an agency must satisfy
strict security, financial and training requirements.
For further information see http://www.iata.org/about/index
ATOL
The Civil Aviation Authority grants an ATOL (Air Travel
Organisers License) to companies selling packaged air travel
arrangements in the UK. An ATOL license provides consumer
protection against supplier failure.
Our ATOL number is 3312
For further information see www.atol.org.uk
ABTA
Portman are members of ABTA giving the reassurance the company
is financially sound and stable.
For further information see www.abta.com/benefits.html
RADIUS
Portman is a founding member of RADIUS the global travel
company. For more details see: www.radiustravel.com
GTMC
Portman are members of the Guild of Travel Management Companies.
For more details see: www.gtmc.org
13. Jurisdiction and Governing Law
These terms and conditions, any supply of the Travel Arrangement
Services to the Customer and/or the Passenger and any contracts
between Portman and the Customer shall be governed by the law of
England and shall be subject to the jurisdiction of the English
Courts, without prejudice to the right of Portman to seek recovery
of any sums due from the Customer before any court of competent
jurisdiction.
If Trading Online with Portman Travel the following Supplementary
Terms and Conditions apply.
The following terms and conditions constitute additional terms
to the the agreement between Portman Travel Limited ("Portman") and
the Customer ("the Customer") ("this Agreement").
1. Projections and Completion
Portman makes any written order or oral statements or opinions
about a Project and any result of the Project in good faith but
Portman cannot guarantee their fulfilment. Portman makes no
representations, undertakings or warranties about any results
achievable by or consequences of the Project.
Portman will make all reasonable efforts to meet any date or
time frames set out in the order but such dates and timeframes will
constitute estimates only and Portman will not be liable for any
delay or failure in meeting them.
2. Portman's Commitment
Portman undertakes to use all reasonable efforts to perform the
Project in accordance with good industry practice. This is subject
to the Customer performing its obligations and providing Portman
with the information required in accordance with the agreed
timetable.
3. Payment in respect of Project
In consideration of Portman's performance of the Project, the
Customer agrees to pay the charges agreed separately and quoted
initially in respect of online bookings. These charges are valid
for three months from the date of the order. If the Project has not
commenced in this time Portman reserves the right to revise the
charges. In addition, the Customer agrees to reimburse Portman for
its reasonable out of pocket expenses incurred in connection with
performance of the Project.
Unless otherwise agreed the charges are estimates and do not
constitute an offer to perform the Project for a fixed price.
The charges are exclusive of VAT and other sales taxes or
duties, which will be paid by the Customer in the manner and at the
rates from time to time prescribed by law.
4. Warranties
Portman warrants that the Project will be performed with
reasonable care and skill. In relation to any Work Product which is
manufactured or licensed by a third party the Customer shall be
entitled to the benefits of the applicable third party warranty but
Portman have no liability or responsibility itself.
5. Use of the sites
The websites are operated by or on behalf of Portman
Your use of the online site, and any travel arrangements made
using the site will be subject to these terms and conditions.
Portman reserves the right to deactivate any site that has
experienced no trading for three continuous months.
This agreement makes the assumption that approval has been
sought and obtained from the appropriate department to allow web
access to the Portman systems utilised and that use will not be
inhibited by company firewall or other security measures.
6. Copyright
The content of the site (except where otherwise stated) is
copyright © Portman. This includes, but is not limited to any text,
scripts, images or graphics used on the site. You may print or
download the content of this site for you own personal use only but
all such prints and/or downloads should acknowledge that the
material is copyright © Portman Travel Limited where
appropriate.
The distribution or copying of the content of the site or any
part of the site for any commercial purpose is specifically
prohibited other than with the express written consent of Portman.
A written licence for commercial distribution or copying may be
obtained on request on such terms and at such costs as we may
determine.
Any trademark, service mark or other intellectual property
contained in or relating to this site, including but not limited to
the online service mark, are, unless otherwise explicitly stated,
the property of Portman. The use of such trade marks; service marks
or other intellectual property by users or viewers of this site is
strictly forbidden.
7. Security
The site has taken reasonable steps to put security measures in
place to protect your data. Our server uses SSL (secure sockets
layer) data encryption to help keep your data secure. Personal
information entered is encoded before it is sent to us, protecting
it as it is transferred over the Internet.
8. Privacy
Information on you and the people for whom you make travel
arrangements and details of any such travel arrangements is
collected and held by or on behalf of Portman. This information is
used by Portman to help make your travel reservations and for
related purposes. We may also use this information for marketing
purposes.
This information will not be used by Portman for any other
purposes. It will only be passed on to those suppliers who hold
reservations that you have made and, beyond this, will only be
disclosed by Portman where we are legally required to do so.
9. Hyperlinks
This site may contain hyperlinks to websites operated by other
parties. These links are suggested for information only and our
inclusion of hyperlinks to such websites does not imply any
endorsement of views, statements or information contained in such
websites. Care is advised when visiting any external sites linked
from this Site. Portman accepts no liability for any information
contained on any external site. If you consider that the content of
any external site linked from this site is illegal, immoral or
offensive please advise Portman by sending e-mail to
info@livewire.co.uk.
You should remember that when you link to another site, the
terms of use of the external linked site will apply and not the
terms of use of this Site.
10. Booking terms and conditions
By making a booking using our online systems, you are entering
into a legally binding contract with the relevant Third Party
Supplier. That contract is governed by, and you will be subject to,
the terms and conditions of that Third Party Supplier (copies of
which are available to you on request). For the avoidance of doubt,
Portman is not a party to that contract and shall not be
responsible for any default or failure in any supply or any defects
in performance by any Third Party Supplier, or for any loss, claim,
cost, damage or injury incurred by you (directly or indirectly) as
a result thereof. A fee applies to every booking made through the
system.
You are solely responsible for inputting the details of the
travel services, which are to be arranged and have sole
responsibility for ensuring that the details of those services are
correct and meet your requirements. Portman shall not be liable for
any errors, which you make when inputting the details of the travel
services to be arranged.
11. Ticketing
Tickets will be issued immediately a booking is made unless
alternative arrangements, which may carry a supplement, have been
made. Portman will issue e-tickets wherever possible. Where an
e-ticket or ticketless travel is not available a ticket on
departure will be arranged. Certain airlines do charge an extra fee
for tickets on departure.
Reservations will be held and documents issued by Portman from
our Fulfilment Centre at Suite 7, Level 8, East Kilbride, G74
1LW.
12. Prices
Prices cannot be guaranteed until full payment has been received
and tickets have been issued. Prior to this all prices are subject
to change without notice. Our prices are based on a minimum number
of bookings being achieved per month or additional charges will
apply. Details will be given in advance of the site being
built.
All prices are stated exclusive of any VAT, taxes, duties,
levies, service charges or fees of whatever nature except where
expressly indicated to the contrary.
13. Cancellation charges
Any Travel Arrangement Services booked by you will be subject to
the terms and conditions of the Third Party Supplier service
provider. Some providers may charge a fee for cancellations or
changes to Travel Arrangement Services and some providers may not
issue any refunds for cancelled or altered arrangements. Portman
has no control or influence over such matters.
Please make sure you are booking the correct ticket type, as you
will be responsible for charges imposed by suppliers for cancelling
or changing these tickets after booking. You should make yourself
aware of the Third Party Supplier's terms and conditions prior to
booking.
14. Changes and refunds
In the event that you do have to cancel or alter your travel
arrangements, changes and cancellations can be done online. If you
have any queries on refunds please call the helpline.
15. Billing
Payment will be by credit card or, by prior arrangement only,
against a credit account subject to a credit limit to be determined
at Portman's sole discretion. For credit card transactions, in the
event that charges to the card are subsequently rejected you will
ensure that we receive payment on demand of all monies outstanding
plus an administration fee calculated as 1.5% per month of the
value of the transaction.
16. Training
For all sites various types of charged for training is available
and details of costs will be provided and must be agreed prior to
training taking place. Charges for training are invoiced separately
by the Portman online training department, to a single account, is
not subject to discount and cannot be included in Management
Fees.
17. Modifications
Changes to the system prompted by a Customer will incur charges.
A formal application should be submitted using the appropriate form
and charges as well as details of the time required to complete the
work and carry out testing will be supplied and must be agreed in
advance.
18. Exclusion of Warranty
Portman takes, and will continue to take, reasonable steps to
ensure that the information displayed on and provided by the site
is accurate. However we cannot guarantee the accuracy of site
content.
The information, which we display, has been made available to us
by Third Party Suppliers and, whilst we will use reasonable
endeavours to deal only with reputable Third Party Suppliers,
errors may occur from time to time. Also, in seeking to provide the
best coverage for our Customers, Portman connects to the most
common travel databases, such as general distribution systems. Some
providers however do not maintain real time availability in these
databases and so a booking may be cancelled by the provider
following the initial arrangement.
Portman make no warranty of any kind regarding this site and/or
any materials provided on this site, all of which are provided on
an "as is" basis. Portman do not warrant the accuracy,
completeness, currency or reliability of any of the content or data
found on this site.
19. Limitation of Liability
Portman shall not be liable for any loss or damage which may
arise from reliance on information, material or data contained on
the site, or from your inability to access the site, except where
the loss or damage arises directly as a result of our negligence in
which case our liability to you shall be limited to the lesser of
the total amount paid to Portman in respect of that transaction by
you or any additional expenses incurred by you.
20. Indemnification
You agree to fully indemnify Portman from and against any and
all liability, claims, losses, damages, injuries and expenses
(including legal fees) which we incur as a result of any action
brought by or on behalf of a Third Party Supplier arising (whether
directly or indirectly) from your use of the site.
21. Minimum level of transactions:
During the implementation process you will be advised of the
monthly level of bookings required to maintain your own corporate
site. Failure to meet these transactions levels may result in
increased charges or the closure of the site.