Terms & Conditions for Touring Holidays

Please read carefully

We want you to enjoy every minute of your holiday with us, and we'll do our very best to ensure that it lives up to your expectations. We believe that our more than 40 years of tour operating experience, together with the reputation we have for quality and value, should give you the confidence to book with us. To provide further peace of mind, we accept your booking based on these booking conditions which are designed to clarify the contractual obligations between us and our responsibilities under the Package Travel and Linked Travel Arrangements Regulations 2018 (Package Travel Regulations). Please spend some time reading them carefully, and please feel free to contact us should anything be unclear. 

Your contract with us

1. Your Booking

Your booking, once accepted and confirmed in writing to you by our issuing a confirmation invoice to the person who makes the booking (Lead Name), forms a contract between all persons named on the booking (who will be listed on the booking confirmation) and Newmarket  Holidays Limited (Company). The confirmation invoice will be sent to the Lead Name or your travel agent. In these booking conditions, you and your means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. We, us and our means Newmarket Holidays Limited. References to departure are to the start date of the arrangements we have contracted to provide.

When you make a holiday booking, the Lead Name guarantees that he/she has the authority to accept and does accept on behalf of all members of your party (party members) the terms of these booking conditions. The contract is based on the information given in our brochure or on our website (www.newmarketholidays.co.uk) and these  booking conditions. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (claim) except as set out below. We both also agree that any claim (and whether or not involving personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We do not accept bookings from any unaccompanied customers under the age of 18.

Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.

Group bookings: For bookings of ten or more passengers travelling on a single booking, we will only deal with the Lead Name and not with each individual on the booking. Payments must be made by the Lead Name only and not by individuals on the booking. The deposit and final payment must be paid via bank transfer only.

If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to [email protected].  Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us. 

2. Your Payment

Your booking confirmation will include an invoice showing the deposit paid and the final balance due (if full payment is not made at the time of booking). The outstanding amount must be received by us by the due date shown on the confirmation. Should we not receive payment in full by this date, we are entitled to assume that you wish to cancel your travel arrangements, in which case you will be liable to pay the  cancellation charges shown in the scale set out in clause 4 of this section (Cancellation by you) below. If you book within 90 days of departure, full payment must be made when you book. 

Should you wish to upgrade your flight after your initial booking is made, we may require an additional deposit to be paid at the time of confirmation of that change.

N.B. 1: The Lead Name makes their booking in accordance with and subject to these booking conditions and on the understanding that the information they are asked to provide is a requirement of the contract between us. The Lead Name becomes directly responsible to the Company for the payment of the total holiday price and, if applicable and where appropriate, for any cancellation charges which become payable and payment of any funds to the party member(s) entitled to them. The Lead Name does so on behalf of all party members and is responsible for ensuring that all  personal data provided to us is accurate. The Lead Name is also responsible for ensuring that all party members are aware of, and agree to, these booking conditions and that they consent to the Lead Name acting on their behalf in relation to their booking. The Lead Name will be liable to the Company for any costs incurred by the Company as a result of any failure by any party member to comply with any necessary requirements applicable to making the booking or taking the holiday. This includes, without limitation and by way of example only, obtaining any required visa(s) or vaccination(s) and complying with any other entry requirement(s).  In addition, you must not travel (or attempt to travel) with a passport which does not meet the applicable requirement(s) for entry into all or any country(ies) on the booked trip. The Company will deal exclusively with the Lead Name person on the booking.

3. Alterations to your booking by you

If you want to change any of the details of your confirmed booking, please notify us in writing as soon as possible. We will always do our best to help. Where a requested change can be made, the following amendment charges and costs will be payable: 


•    Change of name - £50 per person plus supplier costs 
•    Transfer to another departure date or holiday prior to balance due date - £75 per person plus supplier costs 
•    Transfer to another departure date or holiday after balance due date - Cancellation charges will apply in respect of the original booking plus cost of new booking
•    Cancellation by one or more person on the booking -  cancellation charges apply. See clause 4 Cancellation by you, below, for details. 

You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions (if any) which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50 per person, must be paid before the transfer can be effected.

All amendments must be notified to us in writing by post, by telephone (confirmed in writing) or by email to [email protected] by the person who made the original booking. 

N.B. 2: Where any change is made to a booking at any time after booking which includes flights, additional charges are likely to be payable to cover, without limitation, the charges applied by the airline / our suppliers to make the change and these charges will be passed onto you before the change is made. 

4. Cancellation by you

You may cancel your booking or part of it once it has been confirmed at any time before departure. You may also transfer your booking or your place on the booking as referred to in clause 3 above, Alterations to your Booking by you.  

A cancellation will only be effective if made in writing and sent by email direct to the Company or through the travel agent with whom you made your booking or by telephone to our Customer Service team, having answered the required security questions. If the cancellation results in a person travelling alone or no longer sharing a room, a single room supplement will be payable.

The amount payable on cancellation depends on when we receive your instruction to cancel and how far ahead of departure this is - the more notice you give, the less we will generally charge. In calculating our cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable.

The different periods before your departure date within which instructions are received by the Company and the amount of the cancellation charge (shown where applicable as a percentage of the total holiday price excluding previously incurred amendment charges and cancellation fees which will be retained) are as follows: 

  • Prior to balance due date* = Deposit retained by Company
    Balance due date to 56 days before departure = 35% or deposit paid (if greater than 35%) 
    55 to 49 days before departure = 50% 
    48 to 35 days before departure = 75% 
    34 to 16 days before departure = 90% 
    15 days or less before departure (inc on or after scheduled departure date) = 100% 

N.B. 3: If the reason for cancellation is covered under the terms of an insurance policy which covers your holiday, you may be able to reclaim these charges less any applicable excess from the insurer. You must though pay the charges first and then reclaim them from your insurer. You can cancel your booking before departure without paying cancellation charges if the performance of your holiday, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances occurring at the place of destination. In such circumstances, on receiving your written notification that you wish to terminate your contract, we will arrange  for you to receive a full refund or transfer to another holiday without incurring any administration change fees applied by the Company. No compensation or expenses will be paid in addition.

* See clause 2 Your Payment in this section. 

5. Complaints & claims procedure

In the unlikely event that you have problems or reason to complain whilst on holiday, you MUST report the matter to the hotel or other supplier and, where there is one, our representative IMMEDIATELY during your holiday. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative or, if we don’t have a representative for your holiday, the supplier of the service(s) in question as soon as possible. You must  follow up any complaint or notification made during your holiday in writing to our UK customer experience department within twenty eight days of your return from holiday. We operate a strict code of conduct and take any complaints received seriously. If you fail to follow the requirement to report your complaint or problem whilst on holiday, we will have been deprived of the opportunity to investigate and rectify it during your holiday. This may affect your rights under your contract, including any entitlement you may otherwise have had to claim compensation.

6. Your Travelling Conditions

Where the holiday you have booked involves or includes your travelling by air, land or sea, such travel will be subject to the terms and conditions of carriage of the airline, ferry, cruise line, rail operator or coach company, as applicable, providing that transport. In most cases, those terms and conditions will limit the carrier's liability to you in accordance with the relevant applicable law (including in particular, applicable international conventions and EU regulations). Should anyone be refused boarding on the transport concerned, or entry into the destination country by any transport operator or government authority, we may be unable to assist and cannot be held responsible for the effect this may have on your holiday arrangements. This includes the situation where any passenger fails to advise us of any medical condition or disability which affects or is likely to affect their holiday at all or in sufficient time before departure to enable us to make any necessary arrangements. If you are prevented from travelling or unable to travel as a result, our responsibility for your holiday will cease. Full cancellation charges will apply and we will be under no obligation to provide any refund or compensation or to meet any loss or expense you may incur. In these circumstances, we will, however, provide you with appropriate assistance without undue delay in the form of information on health services, local authorities and consular assistance and help with making distance communications and finding alternative travel arrangements. 

Our contract with you

1. Our confirmation of your booking

When we have received your booking and deposit (or full payment where applicable), we will send a Confirmation Invoice to the Lead Name within 24 hours which details exactly what is booked for you. Please check this Confirmation Invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the Confirmation Invoice or any other document looks to be incorrect or incomplete as it may not be possible to make changes later.  We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out (5 days for Departure Documents).  We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in our doing so.   From the moment we issue your Confirmation Invoice, we have accepted your booking on the terms set out in these booking conditions. 

2. The Price Of Your Holiday

Once we have confirmed your booking by issuing a Confirmation Invoice, we guarantee we will not change the price of your holiday, except in the case of a pricing error as referred to in clause 4 Pricing Errors below. The country you travel to or the accommodation you stay in may require you to pay fees or charges locally. Where applicable, we will use best endeavours to inform you of any such fees or charges when we are made aware of them.

3. Pricing Errors

We try hard to ensure that advertised prices are up to date and accurately reflect the amount you will pay when you book. However, prices can change and errors can occasionally occur. We reserve the right to change and correct advertised prices at any time before your booking is confirmed. In the event of your Confirmation Invoice showing an incorrect price for your holiday, the price that will apply is the price shown in our offline reservation system. Accordingly, you cannot seek to rely on any system error with a view to obtaining a holiday at less than the correct price. Any contract entered into or apparently entered into on the basis of a mistake, such as incorrect pricing due to a system error, will not be valid or binding. We will notify you of any incorrect information, such as a pricing error, as soon as we become aware of that error. You will then have the choice of proceeding with the booking on the basis of the correct price or cancelling your reservation request and receiving a full refund of all payments made to us.

4. Data Protection

To make, confirm and process your booking, we need to collect personal data for all persons named on the booking. We reserve the right to process, store and share the personal data we collect with our suppliers and other third parties as we consider necessary to fulfil the contract between us and to comply with applicable law. To find out more about how we use and protect your 
personal data, log on to www.newmarketholidays.co.uk/privacy

5. Alterations & Cancellation by us

(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 5. All alterations which are not significant in accordance with this clause 5(1) will be treated as insignificant alterations. Most alterations will be insignificant and we have the right to make these. For examples, please see clause 5(2). Where an insignificant alteration is made before departure, we will notify you in writing. No compensation is payable for insignificant alterations which do not entitle you to cancel or change to any other arrangements. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 3 of section C Special Requests and Medical Conditions / Disabilities / Reduced Mobility. Where we have to do so, clauses 5(4) and 5(5) below will apply.

(2) Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of 12 hours or less, airline, departure airport between airports within 70 mile radius of the original departure airport or in the same geographical area, type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes.  In booking one of our trips you are taken to have agreed that the confirmed itinerary is not contractually binding and that whilst we will endeavour to provide this, changes may be made.
 
(3) All group holidays require a minimum number of bookings to enable us to operate them. We reserve the right to cancel any  holiday where this minimum number is not achieved. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason no later than the date the full cost of your holiday is payable.
 
(4) In the event we have to significantly alter any of the main characteristics (as defined by Schedule 1 of the Package Travel and Linked Travel Arrangements Regulations 2018) of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you do not do so. 

(5) If you choose to cancel your booking in accordance with clause 6(4) below, we will refund all payments you have made to us within 14 days of the date cancellation takes effect and terminates your contract (which is usually the date we or the travel agent through whom you made your booking send you a cancellation invoice following receipt of your written cancellation notification). If we do not hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 7 below).

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 7 below) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 5(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 6(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 4 of section A Cancellation by You will apply. 

(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 5(6) above and we exercise our right to cancel as a result or clause 5(8) below applies. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.

(8) In the event that unavoidable and extraordinary circumstances (see clause 6 below) occur in the place of destination of your holiday and significantly affect the performance of the contracted arrangements or the carriage of passengers to or from that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred amendment or cancellation charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 5(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.

6. Unavoidable & Extraordinary Circumstances

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances.  In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, but or not limited to, (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances also include any epidemic or pandemic and any resultant impact on travel.

7. Our Complaints Procedure

Newmarket Holidays Ltd is a member of ABTA with membership number V7812. ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you ABTA's alternative dispute resolution scheme (ABTA ADR)  which is run by ABTA and approved by the Chartered Trading Standards Institute and the ABTA arbitration scheme (ABTA Arbitration). 


In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately inform your tour leader and, where appropriate, the supplier of the service(s) in question. The issue can then be promptly investigated and steps taken to resolve the situation. Any verbal notification must be put in writing and given to your tour leader as soon as possible. If the situation is not resolved to your satisfaction within a reasonable time, you must also contact us in the UK as soon as possible. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it.  Most issues can be dealt with quickly. 


In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 28 days of your return from the holiday. 
If you fail to follow the simple procedure set out above, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.


We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot reach an amicable settlement,  we both agree that any claim must be dealt with by ABTA ADR or by ABTA Arbitration (if  available for the claim in question and you wish to use either or both options) or by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).  

For more information on ABTA ADR and ABTA Arbitration, go to www.abta.com. 

8. Your Behaviour

When you book with us, you accept responsibility for any damage or loss you cause.  Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

If in our reasonable opinion or in the reasonable opinion of any person in authority, your behaviour or actions is such as to jeopardise or to be reasonably likely to jeopardise the safety of or cause damage to an aircraft or danger, upset or distress to any third party or damage to any property or goods or to adversely affect good order and discipline on board or to cause a delay or diversion to any aircraft or other transportation, we reserve the right to terminate the holiday arrangements of the person(s) involved immediately. In the event of such termination, our responsibilities to such persons will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you (including in respect of any return travel arrangements) and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for any loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result. 

Our Responsibility for your holiday

1. Your holiday

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.  This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.  In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-
  a. the act(s) and/or omission(s) of the person(s) affected; or
  b. the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
  c. unavoidable and extraordinary circumstances as defined in clause 7 of section B above.

(3) We cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable local standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 1(1) of this section C. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) Except as set out in clause 1(6) of this section C below or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any 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 under clause 1(6) of this section C below. 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 concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 1(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s) which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended  and the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation (EC) on Air Carrier Liability No 889/2002 on air carrier liability in the event of accidents for national and international travel by air, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol) and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations.  Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).

2. Special Requests & Medical Conditions, Disabilities & Reduced Mobility

(a) Special requests relating to your chosen holiday arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange any reasonable special requests, we cannot guarantee that they will or can be fulfilled. If we can specifically confirm a special request or requirement, we will do so on our Confirmation Invoice. Where any request or requirement has not been specifically confirmed in writing on our Confirmation Invoice, a failure to meet it will not be a breach of contract on our part. 

(b) Noting that many touring holidays require a certain amount of walking, if you or any member of your party suffers from any medical condition, disability or significant reduction in mobility which may affect your chosen arrangements, please provide us with full details in writing at the time of booking and before we issue our Confirmation Invoice. We will only provide precise information on the suitability of the trip taking account of your specific needs if you specifically request us to do so. 

We will do our best to accommodate any special requirements that you make us aware of at the point of booking and we will make reasonable adjustments to the content and delivery of our tour where we are practically able to. However, there may be occasions where we are unable to accept your booking. If you make a booking and fail to tell us about your requirements which we are subsequently made aware of,  we reserve the right to treat your booking as cancelled and you may be liable for cancellation charges. 
 
(c) We will give you assistance if you suffer illness, personal injury or death during the period of your holiday arising out of an activity which does not form part of the holiday arrangement booked with us or an excursion offered through us. This assistance will include advice and guidance only. 

(d) We take the safety and security of our customers extremely seriously. If the Foreign, Commonwealth & 
Development Office (FCDO) advises against all travel or all but essential travel to a particular country, we would act on that advice. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly, crimes against both people and their property are a fact of life the world over. When overseas, it is very important to be extra vigilant and avoid drawing attention to yourself by, for example, wearing expensive jewellery, carrying expensive camera and other equipment or not abiding by local customs etc. Travellers have the same responsibility for their personal safety and that of their possessions as they do at home. As situations in countries can change rapidly, you are recommended to visit the FCDO Travel Advice website at www.gov.uk/foreigntravel-advice for up-to-date information and advice regarding safety 

Before booking your holiday

1. Standards overseas and services not booked with us

Newmarket Holidays operate to many parts of the world. It is the requirements and standards of the country(ies) to which you travel which will apply to the services which make up your holiday and not those of the UK. In many countries, standards will be lower than British health and safety or quality standards. We request that all  hotels we use comply with the local regulations applicable in their country for health and safety standards, but we cannot guarantee that these will be the same as or comparable with British standards.

If you plan to take part in any independent excursions, activities or tours, you must follow the agreed procedures for notifying us prior to departure. You must also ensure that you buy adequate insurance to cover you for all excursions, activities and tours, especially if you are taking part in high-risk activities. 

Please note that flights and other  services which you do not book with or through us, including any independent excursions, activities or tours that you purchase separately,  do not form part of your contract with us. Your contract for all such other services will be with the operator or provider of the  service and not with us. We shall not be responsible or liable for the provision of any such  service, excursion, activity or tour or for anything that happens during the course of its provision by the operator or provider. In the event of cancellation or alteration of the arrangements booked with us, we shall have no liability for any expenses, costs, losses or other sums of any nature which you or any person(s) named on the booking may incur relating to any  services, excursions, activities or tours not booked with or through us.

2. Travel Insurance

The importance of having insurance cover means we make it a condition of booking all holidays & breaks that you are covered by an appropriate insurance policy. We are delighted to be working with Holiday Extras, who are able to provide customers with fully comprehensive travel insurance. You must ensure you obtain suitable cover at the time of booking. You also agree to indemnify Newmarket Holidays for any costs and expenses that arise which would otherwise have been met by a travel insurance policy had you purchased an appropriate one. 

3. Financial Protection and Repatriation

Newmarket Holidays Ltd holds ATOL number is 2325. When you buy an ATOL protected flight inclusive holiday from us, you will receive an ATOL Certificate. This lists the flight, accommodation, and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services 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 contract 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 to your credit card issuer where applicable). 

For non-flight inclusive packages, the Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Newmarket Holidays Limited (membership number 5509). In the event of the insolvency of Newmarket Holidays Limited, financial protection is provided by ABTOT for non-flight inclusive packages. 
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in the arrangements Newmarket Holidays Limited has contracted to provide. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly from Newmarket Holidays Limited. 
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. 

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents 

You can find out more about ABTOT and the financial protection it provides at https://www.abtot.com/

4. Passport, Visa, Immigration and Health Requirements

Compliance with the specific passport, visa and other entry requirements applicable to your chosen arrangements is your sole responsibility. You should confirm these with the embassies and/or consulates of the country(ies) to or through which you are planning to travel at the time of booking and in advance of departure. We do not accept any responsibility if you cannot travel on your contracted travel arrangements or elsewhere because you have not complied with all applicable requirements. Travel to the European Union has changed since the UK's withdrawal from the EU. You must ensure you have a minimum of six months validity from your return date on your passport and that your passport is less than ten years old on your date of departure. Before making a booking, you should check that you are able to meet and your own health requirements the destination country, such as specific vaccination requirements. 

5. New European Union (EU) Entry / Exit system (EES) and European Travel Information & Authorisation System (ETIAS)

From late 2024, the EU plans to introduce the Entry/Exit system (EES). This is a new digital border system that will change requirements for British nationals travelling to the 26 European countries of the Schengen area.

If you are travelling to a country in the Schengen area using a UK passport, you will be required to register your biometric details, such as fingerprints and/or a photo, when you arrive. EES registration will replace the current system of manually stamping passports when visitors arrive in the EU.  

When EES is introduced, you will need to create a digital record on your first visit to the Schengen area at border on arrival. You will be required to submit your fingerprints and have your photo taken at dedicated booths. You will not need to provide any information before travelling to a Schengen area country. If you are flying to a country in the Schengen area, you may experience longer queue times when you arrive at your destination.

From early 2025 (exact date to be confirmed), British nationals arriving in the European Union will be required to be in possession of an ETIAS visa. The ETIAS visa is expected to cost 7 Euros per person and must be obtained before travel. We have partnered with the Travel Visa Company to support customers should it be required. Details can be found here: https://thetravelvisacompany.co.uk/newmarket-holidays/?sup=NMH. 

Important Information

The Booking

Providing clear, correct information when making your booking is essential for it is from this information that we make  your reservation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent should be entered as the first name on the Personal Details booking page. It is also their address and telephone number(s) that should be shown and it must be they who accept these booking conditions before completing an online booking. Full names of all persons travelling on the booking are required by airlines, insurance companies, hoteliers etc., so please be accurate. For holidays outside the UK, it is essential that these names match those on the passports. If any member of your party, such as newlyweds, changes their name between booking their holiday and travelling, it is important to enter the correct details as applicable on the date of travel on the Personal Details booking page so that we can issue the tickets in the new name. If there is no time to amend the passport, the marriage certificate should be carried in the passport. We do not accept bookings from any unaccompanied customers under the age of 18. 

Delays

Occasionally services may be delayed due to circumstances beyond our control. In such cases, we will do our best to help you and keep you fully informed. In the event of extended overnight delays, depending upon circumstances, we will endeavour to arrange accommodation. In the case of a major known delay to your homeward journey, we shall endeavour to delay departure from your hotel.

Special Requests

There are of course only a limited number of front seats on coaches, low floor rooms in hotels etc. We cannot guarantee to meet all requests for such facilities but will do our best to oblige.

Itinerary

You will receive your final itinerary and any other departure documents seven to ten days prior to departure, provided all payments have been made. We endeavour to operate the itinerary booked, although there may be rare occasions when due to circumstances outside of our control, we may have to change the order of the itinerary or very occasionally withdraw certain aspects. We will let you know of any changes in advance if we have prior notice. Your Tour Manager will keep you informed of any last minute changes.

Flight Information

All prices for holidays that include flights are based on travel in economy class. We reserve the right to substitute an alternative airline or aircraft type if required to do so for reasons beyond our control. Due to the nature of how we book long-haul flights, it may not be possible to select seats until very close to departure. The option to upgrade or change cabins on long-haul flights is only possible before the balance due date. For customers who choose to travel with Ryanair, you MUST check-in for your flight online and failure to do so will result in you being charged at the airport, of which we can assume no responsibility.

Important Notes about Flight Timings

The flight information given at the time of booking is based upon best knowledge of schedules known at the time this information was loaded on our system or upon expected airline schedules. Please note that timings may become subject to change at the airline's discretion. Should any such alteration be significant, we will inform you as soon as we can. Final timings will otherwise be reconfirmed with your final travel documentation and you should check these carefully for any changes to your original stated schedule times. 

To keep our holidays at competitive prices, offer you the widest choice of UK departure airports and enable you to spend a little more time with your fellow travel companions, we sometimes need to combine transfers to and from your hotel. We always try to keep any wait times to a minimum but you may be asked to remain at the airport for up to an hour while other incoming flights arrive, before the transfer to your hotel. Similarly, we may need to transfer you back to the airport up to three hours before your flight home departs. 

Fitness to Travel

We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities or mobility issues and also if you intend to bring any specialist equipment such as a wheelchair or C-PAP machine with you. Please make sure that you send in full details, quoting your booking reference, as soon as you receive your online booking confirmation. If you have suffered from a serious medical condition recently, then you should consult with your doctor about your fitness to travel. If overseas and you need to return home early for whatever reason, or alert us to a medical condition, we reserve the right to request a fitness to fly certificate from a Doctor. In any such instance, we would refer you to your insurance company.

Accommodation - UK, Irish and European holidays

Unless otherwise stated, the advertised price of the holiday applies to each of 2 people sharing a room. The majority of rooms are twin-bedded. Double beds can be requested but are not guaranteed. Most hotels have single rooms (although availability is limited) and a supplement is usually charged. The third and fourth bed in triple and four bedded rooms are usually only suitable for children. It is standard practice for rooms to be vacated by 12 noon and sometimes earlier. Where your departure is later, it may be possible to keep the room longer - your tour manager will give you assistance and advise of any extra charge that would be made. Check-in time is normally no earlier than 3pm. 

Should you have any special request such as adjoining rooms, high or low floor, make your request at the time of booking. The hotel cannot guarantee to meet all requests but will do their best to oblige. Please note that at the beginning and at the end of the season, certain facilities advertised at hotels may not be available. Items such as outdoor swimming pools, for example, are subject to weather conditions and it will be the decision of each individual hotelier as to when these facilities are available. Breakfast is included on most holidays - details can be found on www.newmarketholidays.co.uk. Continental style invariably means rolls/croissants, jam, tea or coffee. If you have any special dietary needs, please send in full details, quoting your six character booking reference, as soon as you receive your on-line booking confirmation. Most hotel rooms especially in overseas hotels, do NOT have tea/coffee making facilities. Seasoned travellers take mini kettles with them.

Accommodation - America, Canada and Worldwide holidays

The majority of the rooms for three people will have two double beds. Rooms for two people will have one double bed or two twin beds - this will be at the discretion of the hotel. Single rooms will generally have one bed. It is standard practice for rooms to be vacated by 12 noon. Where your departure is later, it may be possible to keep the room longer your tour manager will give you assistance and advise of any extra charge that would be made. Check-in time to hotels is usually not before 3pm.

Hotel Room/Resort Tax

Some hotels across Europe have introduced a room tax of between €1.00 and €3.00 per person per night, payable directly by the guest to the hotel. You will be advised by your tour manager in resort if your particular hotel(s) is implementing this charge. Many hotels in the United States and Canada also charge hotel/resort fees and this needs to be paid by you directly to the hotel.

Holiday Extras Not Booked with Newmarket

We cannot be held responsible for meeting the cost of any extras which are booked with a third party (e.g. travel insurance, currency,  theatre tickets, airport parking and flights where you have booked tour only), if we subsequently cancel your holiday for whatever reason. 

Airport Development Fees

An Airport Development Fee has been introduced at a few UK Airports. You will be required to pay this charge per  passenger over the age of 16 at the following airports prior to checking in for your flight: Durham Tees Valley, Newquay and Norwich. The amount varies from airport to airport, but it is generally between £5 and £10 per person. Please visit the airport's website for further information. 

Call costs

All calls to our 0330 and 0333 telephone numbers are charged at the standard local rate. 

UK Government Travel Advice

Visit https://www.gov.uk/government/organisations/foreign-commonwealth-development-office to find out the latest Foreign, Commonwealth and Development Office travel advice for your holiday destination(s), as well as information about passports and visas. Travel advice frequently changes, including entry requirements to your destination and re-entry requirements to the United Kingdom. It is your responsibility to keep yourself up to date with this information. 

Newmarket Holidays Ltd, Cantium House, Railway Approach, Wallington SM6 OBP; Company Number: 02238316 

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