Important: These Terms cover different types of travel booking. Your booking confirmation and other booking documents identify the organiser or supplier responsible for your travel services. Where Merlin Travel Group Limited (MTG) is the package organiser, our duties are those imposed by the Package Travel Regulations and these Terms, including the statutory limits and exceptions. Where we act as agent for a third-party organiser or supplier, that third party is responsible for the travel service under its own terms, except for legal obligations which apply directly to MTG.

Quick guide: who is responsible for your booking?

MTG-organised Package. If your booking confirmation identifies Merlin Travel Group Limited as the organiser, your Package contract is with Merlin Travel Group Limited. MTG is responsible for performance of the Package in accordance with the Package Travel Regulations.

Third-party Package. If another tour operator or organiser is identified as the organiser, MTG and the Selling Agent act as agent in arranging the booking. Your Package contract is with that organiser and its booking conditions apply. Any statutory responsibility which applicable law places on MTG as retailer remains unaffected.

Standalone Travel Service. For a cruise-only, hotel-only, car hire, transfer or separately booked flight, MTG normally acts as agent for the relevant Supplier. For certain airline bookings we act as your booking agent. The Supplier is responsible for providing the travel service. Your booking documents identify the relevant contractual and financial-protection position.

Booking type	Our role	Your travel contract
MTG-organised package	Merlin Travel Group Limited is the package organiser. The Selling Agent acts on our behalf.	Your package contract is with Merlin Travel Group Limited.
Third-party package	Merlin Travel Group Limited acts as agent for the organiser. The Selling Agent operates through our agency relationship.	Your package contract is with the third-party organiser identified in your booking documents.
Standalone travel service	We normally act as agent for the supplier. For some airline bookings we act as your booking agent.	Your contract for the travel service is with the relevant supplier, such as the airline, cruise line, hotel, car hire company or transfer provider.

1. About us and how these Terms apply

1.1 Merlin Travel Group Limited is registered in Scotland under company number SC634186. Our registered office is Merlin House, Mossland Road, Glasgow, G52 4XZ. We are a member of Protected Trust Services, PTS 5434, and hold Air Travel Organiser’s Licence ATOL 11770.

1.2 These Terms apply to bookings made directly with MTG, through an independent MTG member, or through another authorised travel business, regardless of whether the booking is made online, by email, by telephone, in person or through another agreed sales channel. We call the business through which you book the “Selling Agent”. The Selling Agent is your first point of contact for routine queries and initial complaints.

1.3 In these Terms, “Package” means a package within the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”). “Organiser” means the trader legally responsible for a Package under those Regulations. “Standalone Travel Service” means a travel service booked separately which does not form part of a Package. “Supplier” means an airline, hotel, cruise line, car hire company, transfer provider or other travel service provider. “Lead Passenger” means the main traveller and booking contact. “Unavoidable and Extraordinary Circumstances” means a situation beyond the control of the party relying on it, the consequences of which could not have been avoided even if all reasonable measures had been taken. Depending on the facts, examples may include air traffic control restrictions or failures, closure of airports or airspace, severe weather, natural disasters, war, terrorism, civil unrest, serious public-health events, government action, major industrial disputes, cyber incidents or technical failures affecting transport infrastructure, and similar events outside the affected party’s control. “Durable medium” means email or another form which allows you to store the information addressed to you and reproduce it unchanged for future reference.

1.4 These Terms apply alongside your booking confirmation, booking-specific information and, for third-party bookings, the relevant organiser or Supplier terms. Booking-specific written terms take priority where they clearly and lawfully differ. Supplier terms govern the travel service they provide and may contain important restrictions, cancellation provisions and liability limits. They do not override statutory rights or MTG’s legal responsibilities where MTG is the package organiser.

1.5 Nothing in these Terms removes or limits a right which cannot lawfully be excluded or restricted. If arrangements meet the legal definition of a Package, the rights and obligations applying to Packages apply regardless of the label used for the arrangements. Any term which the Package Travel Regulations or other applicable law requires to be included or implied applies whether or not it is repeated in full here.

1.6 If you need these Terms, booking information or communications in an accessible format, or need a reasonable communication adjustment because of a disability, please tell the Selling Agent or MTG. We will make reasonable adjustments required by law and will not charge you for the reasonable adjustment itself.

2. Making a booking

2.1 By asking us or the Selling Agent to make a booking, the Lead Passenger confirms that the information supplied is complete and accurate, that they have authority to act for everyone named on the booking, and that they accept these Terms and any applicable organiser or Supplier terms on behalf of the travelling party. Each traveller must comply with the requirements applying to the booking.

2.2 The Lead Passenger is responsible for passing all information to the other travellers, checking booking documents, keeping contact details up to date and ensuring that all sums due are paid when required. We will normally deal only with the Lead Passenger and are entitled to rely on their instructions on behalf of the booking party unless written authority is given for us to deal with another named passenger or third party.

2.3 The Lead Passenger must normally be aged 18 or over unless we agree otherwise in writing. Bookings involving travellers under 18 are accepted case by case and remain subject to Supplier age, occupancy, check-in and consent rules. We may require parental or guardian consent or supporting documents.

2.4 A quote, booking request, payment or provisional document does not by itself create a confirmed contract. A booking becomes binding only when we, or the relevant third-party organiser or Supplier, accept it and a booking confirmation is issued, unless a different point of contract is expressly agreed in writing. Availability and price remain subject to confirmation until that point.

2.5 Where MTG is the package organiser, we will provide the pre-contract information required by the Package Travel and Linked Travel Arrangements Regulations 2018 before you become bound by the package contract.

2.6 There is no statutory 14-day cooling-off period for travel services booked for specific dates. Once a booking is confirmed, the applicable cancellation terms take effect immediately.

2.7 Before confirmation we may carry out proportionate identity, payment, fraud-prevention or sanctions checks and may decline a booking for a legitimate lawful reason, including payment risk, Supplier restrictions or compliance concerns.

2.8 We are responsible for booking errors caused by technical defects in booking systems which are attributable to us, and for errors we make where we have agreed to arrange the booking of a Package or travel service, to the extent required by applicable law. We are not responsible for a booking error which is attributable to you, supplier error, supplier system error, or caused by Unavoidable and Extraordinary Circumstances.

3. Provisional bookings

3.1 We sometimes accept a provisional booking where an element is not yet available, often referred to as Out of Date Range or ODR, such as flights outside an airline’s current sales range. We will tell you what remains outstanding and whether the quoted price is subject to final confirmation or is offered with a price tolerance.

3.2 Where a 2% tolerance is stated, MTG will absorb the first 2% of any increase in the quoted package price. If the customer price would then need to increase, we will contact you before final confirmation. You may pay the additional amount, accept a suitable alternative if offered, or receive a refund of the money paid for the provisional booking.

3.3 If the outstanding element becomes available at the expected customer price and the material arrangements remain as described, you authorise us to proceed to final confirmation without seeking further approval. Minor changes which do not materially alter the trip do not require fresh approval. A material change to dates, airport, routing, timings or another main feature will be referred back to you before confirmation.

3.4 If the required arrangements cannot be confirmed on acceptable terms, we will offer a suitable alternative where available or refund the money paid.

3.5 If you cancel while the booking remains provisional, payments are refundable except for genuine non-recoverable costs already incurred or irrevocably committed for your booking. These may include non-refundable Supplier commitments and non-recoverable transaction, PTS, insurance or financial-protection costs. We will not retain more than the amount lawfully recoverable at that stage.

4. Prices, deposits and payment

4.1 Any price presented to a consumer will include all mandatory fees, taxes, charges and other unavoidable payments which are reasonably calculable at the time the price is presented, including mandatory local taxes or resort fees even where they are payable locally. Where a mandatory charge cannot reasonably be calculated in advance because the amount depends on information not yet known, we will state clearly and prominently how the charge is calculated so that the total price can be worked out. Where part of the total is payable locally, the overall total and the amount payable locally will be identified where reasonably calculable.

4.2 Any indicative or “from” price will include the mandatory charges applying to the travel arrangements and booking assumptions on which that price is based. A “from” price does not guarantee availability at that price for different dates, occupancies, passenger combinations or travel arrangements.

4.3 Optional extras are not included in the price unless they are expressly selected or agreed. Where an optional extra involves an additional payment, we will only charge it where you have expressly agreed to it. Silence, a pre-selected option or failure to opt out will not be treated as consent to an additional payment.

4.4 We do not impose a surcharge for a consumer credit or debit card payment where such a surcharge is prohibited by law. Any payment-related charge which is lawfully permitted will be disclosed and included in the price in the manner required by law.

4.5 You must pay the deposit or full amount stated at booking. Where a balance remains due, it must be paid by the date shown on the confirmation or invoice. For MTG-organised Packages, the balance date is normally six weeks before travel or the date from which we expect to incur non-recoverable booking costs, whichever is earlier, unless a different date is stated.

4.6 If payment is not received by the due date, we may treat the booking as cancelled by you without being required to extend the payment deadline. The applicable cancellation charges will then apply. For a third-party booking, the organiser or Supplier may also cancel under its own terms. Any extra time we allow is entirely discretionary, applies only to that occasion and does not waive the original due date or any of our rights.

4.7 All customer money paid to Merlin Travel Group is handled through the Protected Trust Services trust arrangements. Payment is normally made through MTG card facilities or by bank transfer into the relevant PTS trust account.

4.8 Any separate booking, service or administration fee will be disclosed before you commit to it. A mandatory fee will form part of the total price. A separate fee is non-refundable once the service it relates to has been performed, unless the law requires otherwise.

4.9 We accept payment from someone other than the Lead Passenger, but this does not make the payer a party to the travel contract or give them authority to amend or cancel the booking. Refunds will normally be returned to the original payment method or payer where practicable.

4.10 We are not bound by an obvious pricing, calculation, data-entry or system error which you knew, or reasonably should have known, was an error. Before confirmation we may correct such an error. Once an MTG-organised Package has been confirmed, this clause does not give us a general right to increase the confirmed price or cancel the Package. Any post-confirmation price increase or cancellation will only take place where permitted by clause 7, clause 8 or applicable law. For a third-party booking, the relevant organiser or Supplier terms and applicable law also apply.

4.11 A chargeback or payment dispute does not itself cancel a booking or remove a valid payment obligation. If an unjustified chargeback or payment dispute is raised while a valid sum remains due, we reserve the right to recover the outstanding amount and reasonable direct costs caused by the dispute. This does not restrict any genuine statutory or contractual right to challenge an unauthorised or incorrect payment.

5. Changes, transfers and cancellation by you

5.1 Requests to change, transfer or cancel a booking must be made by the Lead Passenger to the Selling Agent, in writing where reasonably practicable. A cancellation takes effect when it is received by the Selling Agent or MTG. You should keep evidence of the request. We will try to assist with changes, but availability, Supplier rules and the terms below apply.

5.2 Changes. You are responsible for any Supplier amendment charge, fare or rate increase, loss of any previously secured rate and other additional cost resulting from a requested change. We may also charge a reasonable administration fee reflecting the work involved. The Selling Agent may reduce or waive that fee. If a requested change cannot be made, or a Supplier treats it as a cancellation, the applicable cancellation terms will apply and a new booking may be required.

5.3 Transfer of an MTG-organised Package. You may transfer the package to another person who meets all conditions applying to the booking, provided you give reasonable notice on a durable medium. Notice at least seven days before the Package starts will always be treated as reasonable. You and the replacement traveller are jointly and severally responsible for any unpaid balance and the transfer costs. Those costs will not exceed the costs we incur because of the transfer, and proof will be provided where required by law.

5.4 Third-party bookings. If MTG acts as agent, the organiser or Supplier cancellation terms apply and charges may be up to 100% of the affected travel service price. We may also recover reasonable, genuine MTG costs incurred in processing the cancellation where these have been disclosed or are otherwise lawfully recoverable. Any refund is subject to the organiser or Supplier terms and the amount they are legally required to return.

5.5 MTG-organised Packages. You may cancel at any time before the Package starts. Unless booking-specific terms state otherwise, the deposit is our standardised termination fee for cancellation before the balance due date and is set by reference to the losses we reasonably expect to incur. Where the booking contains disclosed non-refundable elements or our net loss is higher, the termination fee may exceed the deposit and, where the arrangements are wholly non-refundable and no material saving or resale income is available, may be up to 100% of the Package price. Any fee will take account of costs we save and income obtained from alternative use or resale of the cancelled travel services. Our net loss may include non-recoverable Supplier costs, transaction and protection costs, work already carried out and loss of profit to the extent permitted by law. Amounts already retained or paid will not be counted twice. If the law requires us to justify the fee, we will do so without being required to disclose commercially confidential Supplier rates beyond what is reasonably necessary to explain the basis of the charge.

5.6 We sometimes agree, as a goodwill measure, to move a deposit to another booking or issue a travel credit. This is not a contractual right unless we confirm it in writing.

5.7 Unavoidable and Extraordinary Circumstances affecting you before travel. If such circumstances occur at the destination or its immediate vicinity and significantly affect the performance of your MTG-organised Package or carriage to the destination, you may terminate before the Package starts without a termination fee and receive the refund required by the Package Travel Regulations. No additional compensation is due solely because of termination in these circumstances. The existence of disruption elsewhere, a change in personal preference, or general concern about travelling does not automatically create this right.

5.8 If you fail to travel, miss a departure, leave early or choose not to use a service, no refund is normally due for the unused service unless we or the relevant organiser or Supplier recover money or the law requires otherwise. You remain responsible for any additional costs caused by your decision or failure to use the booked arrangements.

6. Third-party Packages and Standalone Travel Services

6.1 Where we sell a Package organised by a third party, we act as agent for that organiser. Your package contract is with the organiser identified in your booking documents and its booking conditions apply. We are responsible for carrying out our own agency service with reasonable care and skill. Except to the extent that applicable law expressly makes us responsible, we are not responsible for the acts, omissions, insolvency or performance of the third-party organiser or the Suppliers performing that Package.

6.2 For a Standalone Travel Service, such as cruise-only, hotel-only, car hire, transfer or a flight sold separately, we normally act as agent for the relevant Supplier and your contract is with that Supplier. For certain airline bookings, including some low-cost airline bookings, we act as your booking agent and arrange the flight on your instructions. In either case, the Supplier terms apply and the Supplier is responsible for providing the travel service, subject to any liability which applicable law places on MTG for our own agency service.

6.3 We will make the relevant organiser or Supplier terms available before confirmation, normally by link or PDF. You should read them before asking us to proceed.

6.4 If a third-party organiser or Supplier changes, cancels or fails to provide the arrangements, we or the Selling Agent will pass on the information and options supplied and provide reasonable agency assistance. Responsibility for the change, cancellation, performance, refund or compensation remains with the organiser or Supplier under its contract and applicable law. We are not obliged to fund a third-party organiser or Supplier’s refund, replacement service or compensation from MTG’s own resources unless applicable law expressly requires MTG to do so.

6.5 Where a third-party organiser or Supplier sends a refund to MTG on your behalf, we will return the amount received once it has cleared through the relevant payment and trust arrangements. The amount may reflect legitimate non-refundable elements or deductions under the third party’s terms. If a third party has not yet returned money which it owes under your contract with it, MTG does not assume that debt merely because payment for the original booking was processed through MTG or PTS.

6.6 Where applicable law places organiser-type obligations on MTG as the retailer of a Package organised by a business established outside the United Kingdom, those statutory obligations apply. Nothing in this section excludes or limits such responsibilities.

7. Changes or cancellation of an MTG Package before travel

7.1 We reserve the right to make insignificant changes to an MTG-organised Package before departure and will tell you about them as soon as reasonably practicable on a durable medium. Examples may include a minor transport timing change, a change of aircraft or carrier which does not materially affect the trip, a minor itinerary adjustment, or substitution of accommodation with accommodation of a comparable standard and location. Whether a change is insignificant depends on the circumstances of the particular booking.

7.2 If we have to make a significant change to a main characteristic of the Package, cannot fulfil an accepted special requirement, or propose a permitted price increase of more than 8%, we will notify you without undue delay and give you a reasonable period to accept the change or terminate without a cancellation fee. Where available, we may offer a substitute Package. If the changed or substitute Package is lower in quality or cost, you will receive the price reduction required by law.

7.3 If you terminate because of a significant change and do not accept a substitute Package, we will refund all payments for the Package without undue delay and no later than 14 days after termination. Any compensation will be limited to what the law requires. If you do not respond within the stated period, we will contact you again. If you still do not respond, we may terminate the contract and issue the refund required by law.

7.4 We may cancel an MTG-organised Package where the law permits. If a Package depends on minimum numbers, the required number and cancellation deadline will be disclosed before booking. The latest permitted notice is 20 days before departure for trips over six days, seven days for trips lasting two to six days, and 48 hours for trips under two days.

7.5 We may terminate an MTG-organised Package if Unavoidable and Extraordinary Circumstances prevent us from performing the Package and we notify you without undue delay before departure. In that case, and where we cancel because properly disclosed minimum numbers are not reached, you will receive the full refund required by law within 14 days and no additional compensation is due. Where the Package Travel Regulations entitle us to terminate for Unavoidable and Extraordinary Circumstances, we are entitled to terminate and refund rather than first purchasing replacement services or continuing the Package on materially different arrangements. We may still choose to offer an alternative where practicable, but any alternative beyond our statutory obligations is subject to availability and is not an admission of liability.

7.6 If we cancel for a reason for which the law requires compensation, any liability will be limited to the amount legally due and subject to the exclusions and limits in clause 10. Goodwill, ex-gratia assistance or an alternative offered in one case does not create an obligation to offer the same remedy in another case.

8. Price changes after confirmation of an MTG-organised Package

8.1 Once an MTG Package is confirmed, we may increase its price only where the increase is a direct consequence of a change in:

• the cost of carrying passengers resulting from fuel or other power costs
• taxes or fees imposed by third parties not directly involved in performing the Package, including tourist taxes and airport or port charges
• exchange rates relevant to the Package

8.2 We will absorb an amount equal to the first 2% of the original Package price before passing on any eligible increase. We calculate any surcharge by identifying the actual permitted increase attributable to the services in your Package and deducting the amount equal to 2% of the original Package price. We do not add an administration fee to the surcharge. We will notify you clearly on a durable medium, with a justification and calculation, no later than 20 days before departure.

8.3 If the increase we require you to pay exceeds 8% of the total Package price, you may accept the increase or terminate without a cancellation fee. A suitable substitute Package may also be offered. The significant-change procedure in clause 7 will apply.

8.4 If the same permitted costs decrease after confirmation, you are entitled to the corresponding price reduction. MTG will pass on the qualifying reduction without an administration deduction.

8.5 A later fall in the market price of a hotel, flight or other service, a new promotion, or MTG obtaining a better Supplier rate does not by itself create a right to a price reduction or price match, provided the contracted Package is supplied as agreed.

9. If something goes wrong during an MTG-organised Package

9.1 Where MTG is the organiser, we are responsible for the performance of all travel services included in the Package, whether they are performed by us or by another travel service provider.

9.2 You must report any problem or lack of conformity without undue delay to the relevant local Supplier and to the Selling Agent, and to MTG. This gives us the opportunity to investigate and put matters right while you are travelling.

9.3 If a travel service is not performed in accordance with the Package contract, we will remedy the lack of conformity within a reasonable period unless remedy is impossible or would entail disproportionate costs, taking account of the extent of the problem and the value of the affected travel service. Where either statutory exception applies, we are not required to provide that remedy, although any price-reduction or compensation rights which the law gives you remain subject to clause 10.

9.4 Unless immediate action is required, you must give us a reasonable opportunity and period to remedy a problem before arranging your own alternative. If we refuse to remedy it, fail to do so within the reasonable period, or immediate action is required, you may take necessary steps yourself only to the extent permitted by law. Any reimbursement is limited to necessary and reasonable expenses which were proportionate to the problem and which you can evidence.

9.5 If we are unable to provide a significant proportion of the Package as agreed after it has started, we will offer suitable alternative arrangements at no extra cost where the Package Travel Regulations require us to do so and, where possible, of equivalent or higher quality. If the alternative is lower in quality, an appropriate price reduction will apply. You may reject a proposed alternative only where the law permits, including where it is not comparable to the agreed arrangements or the proposed price reduction is inadequate.

9.6 If a lack of conformity substantially affects the Package and we fail to remedy it within a reasonable period where we are required and able to do so, you may have the right to terminate the Package contract without a termination fee and to a price reduction or compensation as provided by law. Where the Package Travel Regulations require equivalent repatriation, we will provide it at no extra cost.

9.7 If Unavoidable and Extraordinary Circumstances make it impossible to ensure your return as agreed, our obligation to meet the cost of necessary accommodation is limited to the period required by the Package Travel Regulations, currently up to three nights per traveller, unless applicable passenger-rights law requires a longer period. Statutory exceptions apply to specified travellers, including certain people with reduced mobility, pregnant travellers, unaccompanied minors and people needing specific medical assistance where the required advance notice has been given.

9.8 If you are in difficulty, we will provide the assistance required by the Package Travel Regulations without undue delay, including appropriate practical information and help with communications or finding alternative arrangements. If the difficulty was caused intentionally by you or through your negligence, we may charge a reasonable amount not exceeding our actual costs.

9.9 You must take reasonable steps to minimise avoidable loss and expense, follow reasonable safety and operational instructions, keep relevant receipts and evidence, and cooperate with reasonable steps proposed by us, the Selling Agent or a Supplier to resolve disruption. If a service forming part of an MTG Package is disrupted, you should consult us or the Selling Agent before independently cancelling, rebooking, accepting a Supplier credit or choosing a Supplier refund, unless immediate action is reasonably necessary. This does not remove any statutory right, but actions which unnecessarily increase a loss or prevent us from providing a lawful remedy may be taken into account when assessing any amount due.

10. Our responsibility and liability

10.1 For an MTG-organised Package, a price reduction is due only to the extent required by the Package Travel Regulations for a period of lack of conformity. No price reduction is due where the lack of conformity is attributable to you. Any claim for compensation is subject to the statutory exclusions, causation rules, duty to mitigate loss and the limits in this clause.

10.2 Compensation is not due where we prove that the lack of conformity or damage is attributable to you, is attributable to a third party unconnected with the provision of the Package travel services and is unforeseeable or unavoidable, or is due to Unavoidable and Extraordinary Circumstances. In particular, the fact that we provide assistance, a refund, rerouting, alternative arrangements or another statutory remedy does not by itself mean that compensation is also payable.

10.3 Where an international convention or applicable passenger-rights law limits the amount or conditions of compensation payable by the provider of a travel service, the same limitations apply to us where the law permits. In all other cases where a contractual limitation is lawful, our liability for compensation under an MTG-organised Package is limited to three times the total Package price. This limit does not apply to personal injury, damage caused intentionally or with negligence, or any liability which cannot lawfully be limited.

10.4 You cannot recover twice for the same loss. Any compensation, refund, credit or price reduction which you receive directly from an airline, other Supplier, insurer, card issuer or under passenger-rights law or an international convention for the same loss will be taken into account to the extent permitted or required by law. If we have already reimbursed you for the same amount and you later receive an overlapping payment or credit from another source, you must tell us promptly and account to us for the overlapping amount so that there is no double recovery.

10.5 Where MTG pays compensation, grants a price reduction, funds alternative arrangements, makes a refund or otherwise meets an obligation in circumstances to which a Supplier or other third party contributed, we reserve all rights of redress and recovery available to us. You agree to provide reasonable information, documents and cooperation which we reasonably need to pursue those rights, provided this does not prejudice your own statutory rights or require you to bear our recovery costs.

10.6 Where we act only as agent, we are responsible for providing our own agency service with reasonable care and skill and for information about that service which is legally binding on us. We do not exclude or restrict consumer rights or remedies under the Consumer Rights Act 2015 to the extent that the law prohibits us from doing so. For other loss arising solely from our agency service, and only where a limitation is fair and lawful in the circumstances, our liability is limited to three times the price of the affected booking or affected travel service. This limitation does not apply to death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be limited. We are not responsible under this clause for loss caused by the acts, omissions, insolvency or performance of the organiser or Supplier itself, except where applicable law makes us responsible.

10.7 Subject to applicable law, we are not responsible for losses caused or increased by inaccurate, incomplete or late information supplied by you, your failure to comply with these Terms or Supplier requirements, or your failure to take reasonable steps to reduce avoidable loss. We are not liable for indirect or consequential losses which were not reasonably foreseeable when the relevant contract was made, and we do not accept liability for business losses arising from a consumer booking.

10.8 Where we act as agent rather than organiser, we are not liable for delay or failure in our agency service caused by events beyond our reasonable control to the extent permitted by law. We will take reasonable steps to resume the agency service and pass on material information once reasonably practicable.

10.9 Where a booking is made wholly for business purposes, and subject to any liability which cannot lawfully be excluded or restricted and to the reasonableness requirements of applicable law, MTG is not liable for loss of profit, revenue, business, contracts, goodwill, anticipated savings or other indirect or consequential business loss. Unless separate written corporate terms provide otherwise, our total aggregate liability arising from our agency service for a business booking will not exceed the total price of the affected booking.

11. Financial protection

11.1 All customer money paid to Merlin Travel Group is handled through the Protected Trust Services trust arrangements. MTG-organised Packages which do not include a flight receive the applicable insolvency protection through the PTS trust and insurance arrangements used by Merlin Travel Group. Where funds are released from trust before travel to pay Suppliers, relevant insurance protections are used where required by the PTS structure.

11.2 MTG-organised flight-inclusive Packages and other ATOL-protected arrangements are protected under Merlin Travel Group Limited ATOL 11770 to the extent shown on the ATOL Certificate.

11.3 Your Financial Protection. When you buy an ATOL protected flight or 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. Where your booking is ATOL protected, we or the Selling Agent will issue the ATOL Certificate immediately when the first payment for the protected transaction is accepted, as required by the ATOL rules.

11.4 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).

11.5 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.

11.6 For a Package organised by a third party, the organiser’s own financial protection normally applies. Your booking documents and ATOL Certificate, where issued, identify the relevant protection and ATOL holder. MTG’s handling of customer money through PTS does not replace the third-party organiser’s statutory responsibilities, except where applicable law places insolvency-protection or organiser obligations on MTG as retailer.

11.7 A Standalone Travel Service, including a flight-only booking, is not automatically ATOL protected merely because payment is made through MTG or the PTS trust arrangements. Where ATOL protection applies, the relevant ATOL Certificate and booking documentation will identify what is protected and by whom. Where no ATOL Certificate is issued, you should not assume that the service is protected by the ATOL scheme.

11.8 Where a Selling Agent accepts money from you on our behalf in respect of an ATOL-protected transaction, that money is held by the Selling Agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, subject to the Selling Agent’s obligation to pay it to Merlin Travel Group Limited for so long as Merlin Travel Group Limited does not fail. If Merlin Travel Group Limited fails, money then held or subsequently accepted by the Selling Agent is held for the benefit of the Trustees of the Air Travel Trust without any obligation to pay it to Merlin Travel Group Limited. This clause applies where required by the ATOL Standard Terms.

12. Insurance, passports, health, accessibility and special requests

12.1 Adequate travel insurance is a condition of booking. Your policy should be appropriate for the trip and should normally include cancellation, curtailment, medical expenses, repatriation, baggage, missed departure and travel disruption, together with cover for the activities you intend to undertake where reasonably available. We may ask for evidence of cover. Failure to obtain adequate insurance does not transfer an uninsured loss to MTG or expand our legal responsibilities. Where an insured loss is not our responsibility, you should pursue the appropriate insurance claim.

12.2 You are responsible for checking and complying with the passport, visa, immigration, health, vaccination and entry requirements which apply to your nationality, passport and circumstances. We and the Selling Agent may provide general guidance, but you should check current official sources, including the Foreign, Commonwealth & Development Office and relevant embassies or consulates.

12.3 You are responsible for ensuring that you are medically fit to travel and for obtaining any fitness-to-fly, cruise-line, pregnancy, medication or other medical clearance required by a Supplier or destination. We are not responsible for refusal of travel or entry, or resulting costs, where you have not met the applicable requirements.

12.4 Tell the Selling Agent before booking, where possible, about any accessibility need, reduced mobility, medical equipment, dietary requirement or other assistance need relevant to the trip. Where a requirement is essential to your ability to travel, it must be disclosed and confirmed as available before you commit to the booking. We will consider reasonable adjustments and available Supplier options and will not charge for any reasonable adjustment which the law requires us to make. We may decline a booking only where, after considering those matters, the proposed arrangements cannot reasonably or safely meet the disclosed need and it is lawful to do so.

12.5 Ordinary special requests, such as room location, adjoining rooms, bed type or a celebration request, will be passed to the Supplier but are not guaranteed unless expressly confirmed in writing as part of the contract.

13. Travel documents, check-in, baggage and independent arrangements

13.1 Booking confirmations, invoices, tickets, ATOL Certificates and other travel documents are normally issued electronically. You must provide a valid email address, check documents promptly and tell the Selling Agent immediately if anything is wrong. Passenger names must match the relevant passport or travel document exactly. You are responsible for amendment costs caused by inaccurate or late information supplied by you.

13.2 Keep your email address and telephone number up to date and monitor messages before and during travel. We are not responsible for a missed communication where it was sent to the contact details you supplied and the loss arose because those details were not kept current or messages were not checked. You must also ensure that you remain reasonably contactable where urgent operational information needs to be passed to you.

13.3 You are responsible for checking final travel timings, terminals, check-in requirements, baggage allowances, prohibited-item rules and other carrier or Supplier instructions before departure, and for arriving in enough time for check-in, security and boarding. Losses caused by arriving late, failing to complete required check-in formalities or failing to comply with a carrier’s documented requirements are your responsibility, except where the law provides otherwise.

13.4 Where your booking includes air travel, we will tell you the identity of the operating air carrier when it is known. If the operating carrier is not known when the reservation is made, we will provide the identity of the carrier or carriers likely to operate the flight where required by law, and we will inform you of a change to the operating carrier as soon as reasonably practicable after we are told of it.

13.5 If you book a separate positioning flight, train, hotel or other connection outside the arrangements made through MTG, that service is not part of the MTG Package. You are responsible for allowing sufficient connection time and for losses caused by delay, cancellation or failure of that independently arranged service, except to the extent applicable law provides otherwise.

13.6 Excursions, transport, activities or other services which you buy independently after arrival and which do not form part of your booking with MTG fall outside our contractual responsibility. Where an optional extra is arranged through us but contracted and paid directly with a local Supplier, that Supplier’s terms and responsibility apply. You should not assume that a recommendation, introduction or assistance with contact makes an independently contracted service part of an MTG Package.

14. Accommodation and Supplier information

14.1 Accommodation descriptions, ratings, photographs, facilities and resort information are based on information supplied by the accommodation provider, organiser, Supplier or relevant local grading authority. Ratings and standards are not internationally uniform. MTG does not independently grade accommodation or verify every Supplier-provided detail and is entitled to rely on information supplied by reputable travel service providers unless we know, or ought reasonably to know, that material information is incorrect. This does not remove MTG’s legal responsibilities where we are the package organiser.

14.2 Facilities and services may change because of seasonality, maintenance, local conditions or Supplier decisions. If we become aware before departure of a material change affecting an MTG-organised Package, we will deal with it under clause 7.

14.3 Mandatory local taxes, resort fees, city taxes and similar unavoidable charges are dealt with under clause 4 and will be included in the total price where reasonably calculable, even where they are payable locally. Genuinely refundable security deposits, damage deposits and card pre-authorisations are not part of the price where they are refundable and will normally be payable by you directly to the Supplier unless your booking confirmation says otherwise.

15. Behaviour, local laws and damage

15.1 You must comply with local laws and reasonable Supplier rules and must not behave in a way which is abusive, threatening, violent, dangerous, unlawful or seriously disruptive. This includes conduct affected by alcohol or illegal drugs.

15.2 Where serious misconduct creates a safety risk, serious nuisance or material disruption, MTG, the Selling Agent or the relevant Supplier may refuse or terminate services where lawful. You remain responsible for reasonable direct costs, damage, cleaning charges, losses or claims caused by your conduct or by a traveller for whom the Lead Passenger is responsible. Termination for serious misconduct does not create an automatic right to a refund, and we may recover reasonable sums which we are required to pay a Supplier because of that conduct, to the extent permitted by law.

16. Complaints and support

16.1 Your Selling Agent is the first point of contact for booking queries and initial complaints. While travelling, report problems promptly to the relevant local Supplier and the Selling Agent. MTG emergency or in-resort support details will also be provided with your travel documents and may be used where urgent help is needed.

16.2 For an MTG-organised Package, a message, request or complaint given to the Selling Agent is treated as received by MTG for legal time-limit purposes. The Selling Agent must forward it to us without undue delay.

16.3 Give the Selling Agent or MTG a reasonable opportunity to put a problem right before leaving accommodation, abandoning an included service or arranging your own replacement, unless urgent circumstances make prior contact impractical. Keep evidence of the problem and any reasonable expenses claimed. If a reasonable remedy or suitable alternative is offered and you refuse it without a valid reason, or if you incur avoidable or disproportionate expenditure, this may reduce any amount recoverable to the extent permitted by law.

16.4 If a complaint is not resolved to your satisfaction by the Selling Agent, it should be escalated to Merlin Travel Group Limited. After travel, please complain as soon as possible and within 7 days of return, quoting your booking reference and providing enough information and evidence for us to investigate. A later complaint is not automatically invalid, but delay may materially affect our ability to investigate, obtain Supplier evidence, remedy the issue or assess a claim and may be taken into account where the law permits.

16.5 We aim to acknowledge a formal complaint within 5 working days and provide a substantive response within 28 days where possible. If more time is needed, we will explain why and give an updated timeframe. Our final response will include any dispute-resolution information which we are required by law or contract to provide.

17. Privacy and personal information

17.1 Our Privacy Notice explains how Merlin Travel Group collects, uses, shares, stores and protects personal information. To arrange and administer your booking, relevant information will be shared with the Selling Agent, organisers, airlines, accommodation providers, transport providers and other Suppliers involved in the trip, including Suppliers outside the United Kingdom where necessary.

17.2 Health, accessibility and assistance information may include special-category personal data and will be handled in accordance with our Privacy Notice and applicable data-protection law.

17.3 MTG or the Selling Agent may record a telephone call where there is a legitimate reason to do so, for example to retain evidence of a transaction, instruction or dispute. Where a call is recorded, you will be informed and the recording will be handled in accordance with the Privacy Notice and applicable data-protection law.

18. Group, business, vouchers and promotional arrangements

18.1 Group bookings may have additional written terms covering deposits, staged payments, passenger-name deadlines, rooming lists and cancellation. Those booking-specific terms take priority where they differ from these general Terms.

18.2 These Terms also apply to business and corporate bookings unless separate written commercial terms apply. Corporate accounts operate on an advance deposit basis and we may require additional advance funds before accepting further bookings. The Package Travel Regulations do not apply to a Package purchased under a qualifying general agreement for business travel.

18.3 Travel credits, transferred deposits and vouchers are subject to the validity period and conditions confirmed when issued. They are transferable only with our agreement and subject to Supplier restrictions. They are not redeemable for cash unless we agree otherwise or the law requires it.

18.4 Promotions, discount codes and special offers may have separate terms. We may withdraw or amend an offer before a booking is confirmed. An obvious promotional pricing error, invalid code use or use outside stated eligibility rules does not bind us.

19. General terms

19.1 The booking confirmation, these Terms, booking-specific written information, statutory package information where applicable, and relevant organiser or Supplier terms should be read together. Nothing in this clause removes a right arising from a statement or representation which the law treats as binding.

19.2 A confirmed booking will normally remain subject to the version of these Terms in force when it was confirmed. We may update these Terms for future bookings. A material change to an existing booking will apply only where required or permitted by law, or expressly agreed with you.

19.3 These Terms are governed by Scots law. If you are a consumer resident elsewhere in the United Kingdom, you retain any mandatory legal rights and any right to bring proceedings in a court which has jurisdiction where you live. For a business Customer, the Scottish courts have exclusive jurisdiction unless separate written terms say otherwise.

19.4 If any provision of these Terms is found to be invalid, unlawful or unenforceable, it will be treated as removed only to the extent necessary. The remaining provisions continue to apply.

19.5 If we do not enforce a right, or allow extra time or another concession on one occasion, this does not waive that right or require us to give the same concession again.

19.6 No goodwill payment, discretionary assistance, deposit transfer, credit, waiver or commercial concession creates a precedent or varies these Terms unless we expressly confirm the variation in writing for the affected booking.

19.7 Where a notice or other contractual communication may lawfully be given by email, we may send it to the email address supplied for the Lead Passenger. You must keep that address current. We will not rely on deemed delivery where we receive a delivery-failure notice or otherwise know that the communication was not delivered. Any statutory requirement about the timing or form of a notice takes priority.

Merlin Travel Group Limited

Company number SC634186 | VAT number 328 2693 83 | Registered office: Merlin House, Mossland Road, Glasgow, G52 4XZ

PTS 5434 | ATOL 11770 | Complaints escalation: customers@merlintravelgroup.co.uk

 

Last updated 15 September 2026