Mystery Break Booking Terms & Conditions
1. Who we are
Mystery Break Limited (a company registered in England and Wales under number 8326112, whose registered office is at Flat 20, 220 Kingsland Road, London, E2 8DF) (“We” / “Us” / “Our”) is the travel organiser for your holiday. We are licensed under the T-ATOL scheme with the Travel Trust Association (“TTA”) and our T-ATOL number is T7502. Our TTA membership number is Q1535.
We are a member of the TTA. Every TTA member deposits money received from its customers into a ‘Trust Account’. A Trust Account is a bank account designated to hold customers’ money. Your money remains in the Trust Account and is supervised by an appointed Trustee who is either a banker, chartered or certificated accountant or a solicitor. Both the TTA members and the Trustee are required to authorise payments from the Trust Account. Therefore, the Trust Account will ensure that all the money which you have paid is safely protected and available to reimburse the money paid. In the unlikely event that We become insolvent, in most instances your money will still be held in our TTA member Trust Account by the designated Trustee and available to pay for your holiday. In some cases your holiday may continue as the providers or suppliers have already been paid, however this depends on how far in advance of your holiday it is at the time We became insolvent. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements. For further information, please visit the TTA website at www.traveltrust.co.uk and to the Financial Protection details relating to bookings made by you with Us under Clause 3.
2. Organising your holiday
2.1 When you book your travel arrangements with Us, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these Booking Conditions.
2.2 If you make a booking with Us for a package, then We are your package provider and a contract for a package with Us will exist between Us and you as soon as we issue our confirmation invoice to you. When we make reference to a ‘package holiday with Us’ in these Booking Conditions, it is in reference to such a contract with Us for a package as detailed in this paragraph.
When you book a package Mystery Break, you are booking the package framework described at the time of booking, e.g. a romantic break in Europe for certain dates. You will not be buying specific flights or hotel accommodation, as the details about your Mystery Break will not be disclosed to you until up to 24 hours prior to your departure. The way in which the booking process for your Mystery Break package holiday works are as set out in our FAQs. The Mystery Break package holiday that We provide will be provided in accordance with these Booking Terms and Conditions.
2.3 We constantly update our list of destinations. If We are unable to select a destination listed on www.mysterybreak.co.uk for your package holiday with us due to lack of availability or due to the specific details you have entered for your booking, We may select a new suitable destination not presently listed.
3. Financial Protection
We shall ensure that you are given financial protection for your booking as follows.
3.1 If you book a flight inclusive package with Us, We will be responsible to you for ensuring that your holiday (including the flight) are made available. In the unlikely event of Our insolvency, you will be given financial protection as folllows:
3.1.1 Under our T-ATOL with the TTA for: (i) any flight booked under a contract for a pre-arranged package holiday or for a flight supplied by Us, or (ii) by the CAA for any flight provided by another ATOL holder, in accordance with the ATOL Financial Protection at clause 3.2-3.4 below; or
3.1.2 For any other travel service (other than a flight), by the TTA by virtue of our TTA membership.
3.2 When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
3.3 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 your credit card issuer where applicable).
3.4 If we, or the suppliers identified on your ATOL certificate, are 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 services, including any claim against us, the travel agent (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.
4. Booking Confirmation
4.1 When We make a booking for your Mystery Break (either from details provided by you over our Website or over the telephone to Us) we use the details you have provided to Us, therefore it is important that all the names, addresses and dates for travel that you have provided to Us are correct. We shall forward to you a Booking Confirmation with full details of the framework of your Mystery Break booking and please check this through thoroughly upon receipt to ensure that the framework details are correct. Making changes to a confirmed booking may incur charges (as detailed below), therefore it is important that you ensure that information provided to Us is correct to avoid any charges.
4.2. At the time We confirm your booking, if We are making flights available to you as part of your Mystery Break, We shall forward to you the ATOL Certificate, confirming our ATOL details, and our confirmation invoice detailing the Mystery Break framework. We will issue a revised ATOL Certificate and confirmation invoice to you prior to your departure, to confirm the full details of your Mystery Break, once these details can be disclosed to you (as described on our website and in the FAQs). The ATOL Certificate is an important document, therefore please keep this safely in case you need to rely on this to claim your financial protection as mentioned above.
5. Price & Payments
5.1 When you make a booking with Us, you will be required to pay the total cost of your Mystery Break at the time of booking.
5.2 The price of the Mystery Break package includes the amount payable per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in the prices for your Mystery Break package confirmed to you at your time of booking and will be shown separately on your confirmation invoice.
5.3 Mystery Break will absorb any changes in transportation costs, including the cost of fuel dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates, that occur after making your booking and you will not be charged for any increase.
5.4 The price of the Mystery Break package does not include the amount payable for any government city or tourist taxes that may be applicable as these normally need to be paid locally at the hotel.
5.5 If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and We are not responsible for any extras or difficulties that may arise with onward travel and as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your insurance.
6. Cancellation / Amendments to your Booking
6.1 If you wish to cancel or amend a booking, then you must notify Us in writing or by email to email@example.com of what amendments or cancellations you wish to make. However, please note that you may not be able to amend or cancel a booking once it has been confirmed, or if the supplier does allow for this, it may incur a 100% cancellation charge. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to a maximum of 100% of the cost of your booking. We shall endeavour to make amendments or cancellations of your travel arrangements where possible and shall confirm any agreed amendments or cancellations to you once completed, together with any applicable costs or charges.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6.2 If you have booked a package holiday with Us, We may need to make changes to your travel arrangements. Although this is unlikely, We reserve the right to do so at any time. Most of these changes will be minor and We will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure (as defined below) or a Brexit Event (also as defined below). If We are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from Us, if available (We will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, except for reasons of force majeure or a “Brexit Event”, We will pay to you compensation of £50 per passenger.
6.3 Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes are changes to aircraft type, or change of accommodation to another of the same standard.
6.4 If We make a major change to your holiday, We will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (We will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure or a Brexit Event, We will pay compensation of £50 per passenger.
The compensation that We offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure - this means that We will not pay you compensation if We have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include (but are not limited to) war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, volcanoes or ash clouds, adverse weather conditions or acts of God.
7. Brexit Event
7.1 On 29 March 2017, the United Kingdom submitted notification of its intention to withdraw from the European Union pursuant to Article 50 of the Treaty on European Union ("Brexit"). There is great uncertainty about how this will affect the UK's future relationship with the EU. In particular, Brexit may have a substantial adverse impact on our or our suppliers' ability to perform your booking ("Brexit Event"). For instance, it may be that the airline operating the flight element of your booking will not be able to operate the flight because of the loss or restriction of air traffic or transit rights or the right of the airline to enter any airspace.
7.2 Our obligations to you under your booking are conditional upon there not being a Brexit Event. If, in our reasonable opinion, a Brexit Event has occurred and we are unable to complete your booking, we will inform you as soon as possible in writing, upon which we will both be relieved of any further obligations in relation to the booking. If this happens, we will return to you any payments you have made in respect of your booking, which shall be the full extent of our obligations to you. We will not compensate you for a Brexit Event.
8. Travel Information
Please note that We can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. 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.
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 party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. 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 the supplier(s) of travel services, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
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.
9. Complaints / Conduct
If you have a problem during your Mystery Break, please inform the relevant supplier (e.g. your hotelier, flight provider etc) immediately, who will endeavour to put things right. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and whilst in resort. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
You accept responsibility for the proper conduct of all members of your party during your Mystery Break. The suppliers of travel services reserve the right at any time to terminate the holiday of any party member(s) whose behaviour is such, in the reasonable opinion of the supplier, to cause or to be likely to cause danger, upset, harassment or distress to anyone else or damage to other persons or to property. No refund will be given in the event of you, or any member or your party, being requested to cease your holiday in such circumstances. Furthermore, We shall be under no obligation whatsoever to pay compensation to you or any member of your party, or meet any costs or expenses (including but not limited to alternative accommodation) you, or any member of your party, may incur as a result of your stay being terminated in accordance with this clause.
If you, or any member of your party, cause damage to any accommodation in which you are staying or to any property of suppliers of tours, excursions or other elements of your holiday arrangements, you must fully reimburse the accommodation provider or relevant supplier concerned for the cost of the damage before the end of your Mystery Break (if the cost has been established by then), or as soon as it has been established if later. You must also indemnify Us for the full amount of any claim (including all legal costs) made against Us by the relevant supplier or third party as a result of such damage caused.
10.1 If you have booked a package Mystery Break with Us and your Mystery Break is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our or the suppliers’ control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
10.2 When you have booked a package Mystery Break with Us and if the contract for the provision of the travel services is not performed or is improperly performed by Us or our suppliers, We will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
10.3 Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
10.4 Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from Us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from Us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the CAA Passenger Advice and Complaints Service on 020 7453 6888 or visit www.caa.co.uk.
10.5 In the unlikely event of your flight services being subjected to lengthy delay, arrangements for meals, overnight accommodation, etc, should be met by your airline. Conditions of carriage applicable to the relevant airline for your booking are available on request.
11. Travel Insurance
We recommend that you have in place appropriate travel insurance in order to cover you and your party.
12. Data Protection
13. Law & Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales and the jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
It is unlikely that you will have a complaint that cannot be settled amicably between Us and/or the suppliers. However, disputes arising out of or in connection with this contract and/or any contracts with your suppliers should be brought to our attention at the earliest opportunity to enable Us and/or the suppliers to resolve matters as quickly as possible. If the matter cannot be settled amicably, you may wish to seek to use the special arbitration scheme operated through the TTA, which is administered by the Chartered Institute of Arbitrators. The scheme provides for a simple inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. Whether the scheme can be used will depend on the claim being brought, however for further details please see the TTA website at www.traveltrust.co.uk.
Collection and use of data
2. Mystery Break can obtain personal data from you (including your name, postal address, telephone number, email and your credit/debit card details in order to forward payment to ground handlers and confirm the booking) from a number of different sources:
i. When you search for or request details on services or holidays from the Website, or if you supply us with your details when discussing matters over the telephone to us, or if you submit a request for details to be provided to you by mail or email.
ii. When you complete and submit a booking on the Website or by telephoning Mystery Break, together with any applicable methods of payment.
iii. Via your individual IP location. This is a function of the Website that enables Mystery Break to return details of travel services that you have requested, and in order for Mystery Break to diagnose problems with its server and to administer the Website. Please see our Cookies Policy
3. Mystery Break needs your name, address and/or email address so that it can send out information to you and advise you of special offers and promotions it thinks may be of interest to you. Mystery Break also requires this information about you, and others included in your group, in order to complete bookings.
4. In order to complete your booking, Mystery Break will also need to collect information about you, and others included in your group, to pass to ground handlers and other third parties (eg, relevant hotels, excursion operators, public authorities such as customs or immigration if required, etc) for the purposes of confirming your booking. This applies to any sensitive information that you give to us such as information relating to disabilities, dietary requirements and/or religious beliefs. This may involve the transfer of information outside the European Economic Area (“EEA”) and by providing Mystery Break with this information you provide your consent (and the consent of those included in your group) to transfer such information out of the EEA. If you are travelling to the United States, the US Customers and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. The information collected may include, but is not exclusively limited to, details such as your name, your address (in order to send the confirmation invoice and any relevant travel documentation to you), your email address and telephone number (if Mystery Break needs to contact you about your booking urgently), and the same details of those in your party.
5. We will also use your email address and any other personal data you may provide to us when you subscribe to our newsletter through our website.
6. You have the right to ask Mystery Break not to process your personal data for marketing purposes. You also have the right to access information held about you by Mystery Break. Your right to access can be exercised in accordance with the Data Protection Act 1998, as amended from time to time, and any access request may be subject to a fee of £10 to meet Mystery Break’s costs in providing you with details on the personal data we hold about you.
7. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8. We do not disclose information about identifiable individuals to third parties, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 clicked on an advertisement on the Website on any given day). We may also use such aggregated information to help third parties reach the kind of audience they want to target (for example, men in SW1). We may make use of the personal data we have collected from you to enable us to comply with these authorised third parties’ wishes to that target audience.
9. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may disclose your personal information to third parties in the event that we sell or buy any business or assets (in which case we may disclose your personal data to the prospective seller or buyer of such business or assets).
10. Mystery Break operates in accordance with the Data Protection Act 1998, and any amendments thereto.
By disclosing your personal information via the Website, over the telephone or via email or post you consent to the collection, storage and processing of your personal information by Mystery Break for the purposes of processing a booking with a service provider.
If you opt-in to receiving information from us, or information from selected third parties, then such consent shall be valid for as long as we do not hear from you that you wish to unsubscribe to receiving such information. You may at any time unsubscribe to receiving information from Mystery Break (or any third parties who you may have previously provided your consent to receiving information from) by sending an email to firstname.lastname@example.org.
Change / Modify Details
If you change your contact details, please send an email with your new details to email@example.com.
If you have any questions or concerns about the information Mystery Break holds about you, you may email Mystery Break at firstname.lastname@example.org. Alternatively, you may write to Mystery Break at:
220 Kingsland Road