Terms & Conditions – Trust My Travel & Travel Provider
Trust My Travel – Trust My Travel Limited, registered with company number: 07686704 (“us” and “we”), whose registered office is at The Cedars, New Road, Ryhall, PE9 4HL
Travel Providers –you, being a travel provider who has registered with Trust My Travel as providers of travel including (but not limited to) hotel stays, transfers, excursions, flights and activities.
Traveller – This refers to the lead name in a booking with a Travel Provider and covers the whole party under that booking. The Traveller uses the Trust Account to transmit money to the Travel Provider.
Trust Transaction – confirmation that the Trust Conditions have been complied with in accordance with the Trust Terms authorising the transmission of money from the release of the monies in the Trust Account to the Travel Provider. The Trust Transaction itself is a matter between the Traveller and the Travel Provider and outside the scope of Trust My Travel. Trust My Travel acts solely as the facilitator in enabling the Trust Transaction Amount to be forwarded to the Travel Provider.
Trust Service – The service(s) agreed between the Travel Provider and the Traveller to be provided by the Trust Provider which form the basis of the Trust Terms.
Trust Terms The terms agreed and signed off by both the Travel Provider and Traveller.
Trust Conditions – The specific terms on which payment depends and subject to approval by the Trustees following the Trust Release Date.
Trust Fee – The administration fee payable by the Traveller to Trust My Travel on payment of the Trust Transaction Amount, payable on each Trust Transaction which shall be included in any price quoted to the Traveller.
Trust Account – Money paid by the Traveller to Trust My Travel for a Trust Transaction. to be held in Trust My Travel’s designated trust bank account and will not form part of the general banking funds of Trust My Travel.
Trust Transaction Amount – The amount of money which will be placed in the Trust Account by the Traveller in relation to the Trust Service.
Trustees – Independent individuals appointed to accept payments in and make payments from and otherwise operate the Trust Account in accordance with the terms of the Trust Deed.
Trust Deed – The legal document creating the trust and appointing the Trustees and stating the terms on which the Trust Account will be operated.
Broker – A third party used by either the Traveller and the Travel Provider to arrange and organise the Trust Services In this case it is still the responsibility of both the Traveller and Travel Provider to agree and sign off the Trust Terms.
Trust Release Date – The date which is one day after the Traveller’s final detailed trip as set out in the Trust Services.
Services: means the services provided by Trust My Travel enabling the Traveller to utilise the facility of the Trust Account for the release of the payments to you as set out on our website www.trustmytravel.com.
ATOL Holder – This is anyone who holds their own ATOL License and is not an agent.
You agree to the following Terms & Conditions:
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the Services listed on our website www.trustmytravel.com (our Site) to the Traveller and to you. Please read these terms and conditions carefully and make sure that you understand them, before utilising any Services from our Site. You should understand that by using any of the Services, you agree to be bound by these terms and conditions (Terms).
1.2. You should print a copy of these terms and conditions for future reference.
1.3. Please click on the button marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to utilise any Services from our site.
1.4. Any Service provided through Trust My Travel and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such Services or their formation (including non- contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
1.5 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
1.6 These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text shall prevail. Any notice given under or in connection with these Terms shall be in the English language. All other documents provided under or in connection with these Terms shall be in the English language, or accompanied by a certified English translation to be provided at your cost. If such document is translated into any other language, the English language text shall prevail.
1.7 Contracts for the Trust Services formed through our Site or as a result of visits made by you are governed by these Terms and the terms of Trust terms. You will be subject to the Terms and the Trust Terms in force at the time that you enter into the Trust Terms, unless any change to these Terms or Trust Terms is required to be made by law or governmental authority (in which case it will apply to any previous Trust Terms entered into by you).
1.8 If you as the Travel Provider agree to perform certain actions as part of the Trust Services then these are outside the scope of Trust My Travel and are a matter between the Traveller and you, except to the extent they determine whether the Trust Transaction Conditions have occurred and thus permit the Trust Transaction Amount to be paid.
1.9 Trust My Travel is not involved in any way in the performance of delivery of any goods or services agreed as part of the Trust Services, except in the event of non-delivery (see below) and in the extent that the timing of payments of the Trust Transaction Amount as detailed in the Trust Transaction Conditions are affected.
1.10 It is important to therefore note that whilst a Trust Transaction covers any amounts held as Trust Transaction Amounts, it does not offer (and is not designed to offer) relief for any direct or indirect or consequential loss or damage that a Traveller may suffer from the non- performance of the Trust Services. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
1.11 If any arbitration between Trust My Travel and you concerning payment from Trust My Travel is initiated, then such arbitration will only relate to payment of sums held by Trust My Travel and not to any other matter.
1.12 The Trust Terms including the Trust Conditions will only come into existence when the Trust Transaction Amount and Trust Fees have been received, accepted and fully processed by Trust My Travel and both you and the Traveller have been informed. These Terms and the Trust Conditions shall become binding on you and us when we confirm with you that Trust Conditions have been confirmed and we (confirm to you that we have provided the Trust Account in accordance with the Trust Terms whichever is the earlier, at which point a contract shall come into existence between us.
1.13 The facility of a Trust Account may be cancelled at any time by Trust My Travel (including after the time a payment has been received by Trust My Travel but before it has been accepted and full processed by Trust My Travel). In such a case Trust My Travel will return each payment received to the bank account from it was paid and you will not be entitled to any further payment in relation to the Trust Services.
1.14 All monies paid to Trust My Travel will be held in the Trust Account.
1.15 If any governmental, regional or local authority, Government authorities or similar bodies request that payment be held by us pending Money Laundering or Anti-Terrorism checks or to make other requests of a comparable nature, or if Trust My Travel suspects that these activities may be taking place, then Trust My Travel may delay payment until such checks are completed, and Trust My Travel bears no liability for such delays.
1.16 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1.17 A person who is not a party to these Terms or a Trust Transaction has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms or a Trust Transaction.
1.18 No interest will be payable on any sums held in the Trust Account.
1.19 If: (a) we reasonably suspect that you have given us false information; or (b) we reasonably suspect that funds you paid into the Trust Account are being used for an illegal purpose; or (c) you behave in an unreasonably threatening or violent manner towards our staff, then we may hold funds which are due for payment to you, and instead take reasonable steps to comply with the law and the protection of our staff and with anti-fraud and anti-money laundering and anti-terrorist financing legislation. If we do so, we may take reasonable expenses incurred in so doing from the amounts due to be paid to you.
1.20 You will be responsible for all losses caused by: (a) any fraudulent activity on your part, and (b) any person acting with your authority and shall fully indemnify us against all and any losses we incur as a result of such actions.
1.21 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or a Trust Transaction that is caused by events outside our reasonable control (Force Majeure Event).
1.21.1 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
1.21.2 Our performance under these Terms or a Trust Transaction is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms or a Trust Transaction may be performed despite the Force Majeure Event.
1.21.3 If all or any of the Trust Services are affected by a Force Majeure Event Trust My Travel will work with you to enable you to offer you alternatives or a full/partial refund to the Traveller.
1.22 The Site(s) or screens through which you access our website are subject to change by us and access to our Site is provided on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Site is unavailable for any period of time or for any period. Unless we have specifically agreed to give prior notice to you we may make such changes (including changes to layout) without notification to you.
1.23 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
1.24 No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
1.25 We may transfer, assign, or pass our rights or obligations under these Terms or arrange for any other person or organisation (a “transferee”) to carry out our rights or obligations under these Terms. We will only do this if: (a) the transferee agrees to exercise the transferred rights and perform the transferred obligations in accordance with a statement of policy which we approve before the transfer; and (b) we reasonably think that the policy described in the statement will ensure that you are no less favourably treated after the transfer than you were beforehand.
1.26 We may suspend, withdraw or restrict the use of the Trust Services or any part of the Trust Services where: (a) we have reasonable grounds to suspect that your confidential information has not been kept safe; or (b) we have reasonable grounds to suspect unauthorised or fraudulent use of your confidential information; or (c) as a result of a change in the way you operate your online practice; or (d) we consider it appropriate for your protection. Unless we are unable to contact you or there is a legal reason or other circumstances beyond our control preventing us from doing so, we will notify you personally before taking this action and provide our reasons for doing so. If we are unable to contact you beforehand, where possible we will notify you and give our reasons afterwards.
1.27 From time to time we may restrict access to some parts of our Site, our entire Site or to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they properly comply with them.
1.28 You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Site will cease immediately.
1.29 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to the use of our Site.
2. Your Obligations
2.1 You agree that the details you submit to Trust My Travel will be accurate and correct, and you will update these details to keep them accurate.
2.2 Trust My Travel may be required by Governmental authorities or any applicable authorities to seek or supply information about you and your bank account to conform with any to Money Laundering, Terrorism, or similar regulation or statutory legislation. You hereby irrevocably authorise your bank to release to Trust My Travel and in such cases in the strictest confidence information (that may be required in such connection, and you further procure that your bank will release this information in strictest confidence to Trust My Travel on request and without charge to Trust My Travel. If such information is supplied then Trust My Travel will hold this information securely and use the information solely for the requested purposes, and not retain this information after it is no longer required.
2.3 You are expected to regularly check our Site to take notice of any notifications that we send to you and any changes to these Terms as they will be binding on you. Some of the provisions contained in these Terms may be superceded by provisions or notices published elsewhere on our Site.
2.4 To protect your account against misuse, you must: (a) keep your user identification code, password or any other piece of information as part of our security details (Security Details) confidential and you must not disclose them to a third party and take all reasonable stringent precautions to prevent unauthorised or fraudulent use of them; and (b) tell us immediately if you think someone else may know any of your Security Details or if you suspect unauthorised use of your account; and (c) act with great and reasonable care, including taking reasonable steps to prevent unauthorised use of your Security Details (see also below); and (d) not act fraudulently.
2.5 If you suspect someone knows your Security Details you must contact us immediately. If you fail to do so, you will be liable for any unauthorised payments on your account confirmed by use of the Security Details.
2.6 You must not disclose your Security Details to any other person or record your Security Details in any way that may result in them becoming known to another person. If you breach any of your security duties you may be liable for transactions even if you did not authorise them.
2.7 You will be responsible for all instructions given by you or anyone acting with your authority or your Security Details, between the time you pass the security procedure and the time you exit from the Service. In your own interests, you should not leave the device you are using to access the Service unattended while you are still logged onto our website, and must always logoff from our Site when exiting.
2.8 You will be responsible for all losses (including the amount of any transaction carried out without your authority) if you have acted without reasonable care so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this clause, acting without reasonable care shall be deemed to include failure to observe any of your security duties referred to in these Terms.
2.9 We will not be liable to you for any breach of (or failure to perform) our obligations where you have failed, intentionally or with negligence, to comply with any term of our agreement with you relating to the issue or use of Security Details.
2.10 If your name, address, telephone number, bank account or email address changes, you must notify us by changing your details online on our Site as soon as if reasonably possible.
2.11 You must notify us as soon as possible of any possible unauthorised use of your Security Details by notifying us in all of the following forms (a) on our Site, (b) by telephone (c) by email. Unless you have acted fraudulently you will not be responsible for any losses arising directly from the unauthorised use of your Security Details.
2.12 As soon as possible after you have finalised the Trust Services with a Traveller and we have confirmed that the funds have been transferred by the Traveller to the Trust Account you will forward to us an invoice detailing what the Trust Services are and how much has been charged in respect of them.
By agreeing to these terms and conditions and paying your one off subscription fee you will become a Trusted Member Travel Provider of Trust My Travel. In order to be able to advertise that you have this financial protection for Travellers you are obliged to:
3.1 Display on your website and in any place of business you conduct business your Trust My Travel membership number and provide an appropriate link to Travellers to the Trust My Travel terms and conditions
3.2 Ensure that all invoices relating to the Trust Services are processed through Trust My Travel and consequently all payments for these invoices will be made into the Trust Account.
3.3 If you act in a manner that in the absolute discretion of Trust My Travel jeopardises the integrity of the Trust My Travel membership scheme you shall have your membership revoked and you must immediately remove all references to Trust My Travel from your website and any place you conduct business from. Any funds that are held in the Trust Account in respect of any Trust Services may also be forfeited and returned to the Traveller, the End User or dealt with by Trust My Travel solely at the discretion of Trust My Travel
4. Release of Trust Transaction Amount
Funds will be released depending on which of the following options as a Travel Provider you select.
Option 1 – Standard Release
The Trust Transaction Amount will be available to you as the Travel Provider from the Trust Account in accordance with the following provisions. On the date which is one day after the Traveller’s last detailed activity as specified in the invoice issued by you (“Trust Release Date”) you will be sent a trust release form which you must approve and send back to Trust My Travel by email/fax (“Trust Release Form”). The Trust Release Form will have the following options of which one must be completed in full by you:
a) You agree that all Trust Services, as detailed in the issued invoice, took place as specified. In this case the Trust Transaction Amount will be released from the Trust Account within one working day of receipt of the Trust Release Form by Trust My Travel and transmitted to the bank account the Travel Provider has registered with Trust My Travel.
b) You stipulate that Trust Services were performed to the best of their ability but certain services (as detailed below) were changed to an equivalent or superior standard. – In this case the Trust Transaction Amount will be released from the Trust Account within one working day of receipt of the Trust Release Form by Trust My Travel and transmitted to the bank account the Travel Provider registered with Trust My Travel.
c) You were unable to complete certain of the Trust Services or they were completed to a lower standard of service than specified on the issued invoice. In this case funds which are to be released from the Trust Account will be suspended until Trust My Travel is satisfied that the Traveller has been compensated to a satisfactory level. Once Trust My Travel has received confirmation or satisfied itself to level of compensation provided the funds held in the Trust Account will be released within one working day of receiving this confirmation and transmitted to the bank account the Travel Provider has registered with Trust My Travel.
d) Any release of funds pursuant to any of clauses a – c above shall be subject to the provisions of this clause. For any Trust Services entered into between the Traveller and you in the amount of £25,000 or above or the equivalent in whatever currency may be applicable, the trustees of Trust My Travel will release up to 50% of the Trust Transaction Amount only subject to the terms above, and the remaining balance will be released 7 working days later provided no claims or disputes arise in relation to the Trust Transaction Amount
e) Please note bank transfers can take 4 to 5 working days and money will be transferred subject to your approved transfer terms.
Option 2 – Insurance Release
a) When you as a Travel Provider have joined Trust My Travel’s Insurance Protection Scheme, have paid all payments in relation to any administration charges, funds may be released from the Trust Account under the following terms:
i) Funds will only be released directly to the final supplier of the Trust Services to the Traveller (End Supplier) and not directly to you prior to the completion of the Trust Services and the Trust Release Date. You must provide invoices from the End Supplier as soon as they are available. A bank transfer charge of £15 or the equivalent in the relevant currency will be charged on for each individual bank transfer undertaken to pay the End Supplier, which will be deducted from the Trust Amount.
ii) The total value that can be released from the Trust Account under the Insurance Protection Scheme, prior to the Trust Release Date shall be no more than the lesser of either 75% of the total value of the Trust Amount or £2000 or the currency equivalent per person.
b) When you use the Insurance Protection Scheme to release money from the Trust Account the Trust Release Date as defined in Option 1 will be extended for 7 days so that it shall be the date which is 8 days after the date of the Traveller’s last detailed activity as set out on the invoice. On this revised Trust Release Date the balance of the monies held in the Trust Account will be released to the bank account as provided by you.
Option 3 – Release to ATOL Holders
Where you hold your own ATOL License, issued by the CAA or where you are approved agents of an ATOL holder, and where an individual booking is protected under the terms of ATOL 100% of funds held in the Trust Account may be released directly to the ATOL Holder only, upon the production of an ATOL Confirmation Invoice. Bank transfer fees of £15 or equivalent per transaction will be deducted and funds will be transmitted to the bank account the Travel Provider has registered with Trust My Travel. Where 100% of funds are not transferred directly to the ATOL holder the balance will remain in the trust account and will be released by the trustees as a standard release.
5.1 The information supplied to us comprises all the details we hold about you and includes information obtained from third parties. We may use and share your information with third parties to help us: (a) assess financial risks, (b) recover debt, (c) prevent and detect crime, (d) understand our customers’ requirements, (e) develop and test products and services.
5.2 You can see a list of your past transactions online at Trust My Travel. You should examine these statements with reasonable regularity, and tell us as soon as possible if you believe there is an incorrect entry in any statement.
5.3 When we communicate with you by telephone, we may record the call to ensure that we provide a good service and that we follow your instructions correctly. All communications between us will be in English.
5.4 Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with our Site. You agree not to object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer
6 Fraud, Money Laundering, Terrorist Financing and like Prevention, Chargebacks
6.1 We carry out certain checks on Trust Services you are involved in as part of our fraud prevention measures. If we feel it necessary, we may ask you to provide (in to prevent the activities specified above) confirmation of (i) your identity and/or (ii) that of your bank account and/or (ii) that of beneficial ownership of your company if you are a corporate body, and/or (iv) further details of the underlying Trust Services that you are transacting on Trust My Travel (to be kept strictly confidential), as certified by a groups of bodies that we specify. If you fail to produce such confirmation in the form requested then we may delay or refuse receipt or payment of your money. We will not be liable for any delay so caused, nor for the costs involved in your providing the above confirmation.
6.2 We may take whatever action we consider appropriate to meet any obligations, either in the UK or elsewhere in the world, relating to the prevention of fraud, money laundering and terrorist activity and the provision of financial and other services to persons who may be subject to sanctions. This may include, but is not limited to, investigating and intercepting payments into and out Trust My Travel and investigating the source of or intended recipient of funds. It may also include making enquiries to establish whether a person is subject to sanctions. Exceptionally, this may delay the carrying out of your instructions or the receipt of cleared funds but, where possible, we will advise you of the reasons for and likely length of any delay. If we are not satisfied that a payment in or out of Trust My Travel is lawful, we may refuse to deal with it.
6.3 We shall not be responsible to you or any third party for any loss or delay incurred as a result of us taking the actions set out in this section. In addition, we shall not be responsible to you for any loss you may incur if we or any of our agents or correspondents are prevented from or delayed in providing you with any services due to strikes, industrial action, failure of supplies or equipment, or other causes beyond our reasonable control.
6.4 You agree that where you have used our Services to perpetuate fraud or deception including chargeback fraud, then we may at our discretion end the Trust Services at any time without obligation to you, and we may pay money we hold to the Traveller, at our discretion, without any remaining liability to you. In such a situation, you agree that you will indemnify Trust My Travel against any claim and against all expense, and you will have no claim for money against Trust My Travel. In such a situation, any money you believe is due to you relating to the money previously held will be claimed by you from the Traveller who now holds the money (and not from Trust My Travel) through the English Courts or similar procedure.
6.5 All fees for chargebacks imposed by the bank, including for fraud or otherwise will be passed to the Travel Provider. At present these fees are £30/€35/$45.
7 Broker Initiated Transactions
7.1 If the Trust Services are not initiated by either the Traveller or a Travel Provider, but by a Broker, then such a Trust Services are referred to as Broker Initiated Transactions.
7.2 In case of dispute, the Trustee will decide on how payment is to be apportioned between the Traveller and the Travel Provider and will disregard any outstanding Broker fees, and act as if there were no remaining Broker fees. When payment is made as dictated by the Trustee, payment to the Travel Provider and Traveller will be reduced by the remaining Broker fees (if any), and the money subtracted will be used to pay the Broker according to the Trust Terms.
7.3 Multi Travel Provider Booking – A Trust Transaction may include more than one Travel Provider. In this even each Travel Provider will be treated independently.
8.1 Trust My Travel take any complaints to them very seriously and Trust My Travel have set out a schedule for our complaint handling, a copy of which is available on our website www.trustmytravel.com.
8.2 All complaints must be received in writing or email to the company details which are available on our website www.trustmytravel.com.
8.3 On receiving a complaint Trust My Travel will acknowledge receipt of it within 5 working days, by the method of communication that the complaint was received in. At the same time Trust My Travel will confirm who in the company the complaint will be handled by. This will be at all times someone in senior management. Where the complaint is about someone in senior management it will be handled by one of our Trustees, and vice versa. Where the complaint concerns both management and Trustees Trust My Travel will outsource the complaint.
8.4 Once a complaint had been received into our system and has been allocated to a member of staff Trust My Travel will conduct an internal review of the history of the file, and where possibly speak to both parties. Trust My Travel will endeavour to send a written response within 4 weeks with the outcome and recommendations of our enquiries. Where a final response is not due within this period Trust My Travel will send an update and send a final response within eight weeks.
8.5 If the Traveller is unhappy with the final response Trust My Travel submit or if Trust My Travel do not respond within eight weeks Trust My Travel will inform the clients of their rights to refer their complaint to the Financial Ombudsman Scheme and the six month deadline (from final response) to contact the FSA.
9. Additional Services
If a Traveller enters into a contract for the provision of excursions or other leisure services either from the you or from a third party while the Traveller is away they are not included in the Trust Service and we have no liability for the proper performance of that contract and those trips or excursions will not be part of the Trust Account.
10.1 The fees Trust My Travel charge, as set out on our website at the time the Trust Service commences are fixed for a period of two years from first payment of a Trust Transaction Amount by a Traveller. We reserve the right to reasonably increase our fees or alter our fee structure once a period of two years from the period when the first payment by a Traveller was made for the Trust Service has elapsed. We shall give two months’ notice by email to your last recorded email address and additionally on our Site of such change, prior to any such change. This allows you and the Traveller to transfer the Trust Transaction Amount to another provider if you are not happy with our amended fees.
10.2 The payment of fees due to Trust My Travel take precedence to payment of Trust Transaction Amounts to any other party.
10.3 There may be costs (such as taxes) imposed by third parties on funds held and payments due. We may debit from payments due to you the amount (if any) of any tax, duty or other charge levied funds held and payments due by any competent authority and we may pay these amounts to such authority.
11. Reserve Account and Risk Provision
11.1 Where Merchant Facilities are provided the Travel Provider authorizes Trust My Travel to establish a Reserve Account to ensure the Trust My Travel’s recovery of any liabilities owed to it or reasonably anticipated to be owed to it by the Travel Provider and the Traveller pursuant to this Agreement. Such liabilities include, without limitation and not limited to, all liabilities in respect of actual and/or potential post-termination Chargebacks, post- termination fees, as well as all fees, Service Fees and indemnifications due or anticipated to be due to Trust My Travel from the Travel Provider and the Travel. Trust My Travel’s rights with respect to the Reserve Account shall survive the termination of this Agreement.
11.2 During the period of the term of this Agreement, Trust My Travel shall deduct a certain percentage of the gross value of all Transactions processed by credit/debit, as specifically set forth in Appendix I hereto (the “Reserve Account Deduction”), to fund the Reserve Account. The Reserve Account Deduction for all Transactions within a calendar month shall be released to the Travel Provider on the last Banking Day of the next calendar month after six (6) calendar months have passed from the last day of the calendar month, on which the Transaction occurred. For example, reserve funds accumulated in May, not utilized to fund chargebacks, refunds, scheme fees etc’, will be released no later than December 31st. Trust My Travel will release the Reserve Account Deduction to the Travel Provider in the most expedient and practical method available to Trust My Travel. Notwithstanding Section 6.1 above Trust My Travel will continue to release the Reserve Account Deduction in the manner described above, to the Travel Provider on a monthly basis after this Agreement is terminated.
11.3 Trust My Travel may rightfully raise the percentage of the Reserve Account Deduction as indicated in Appendix I hereto, if the Travel Providers’s actions give reason for causing such action. Grounds for increase might be but are not limited to excessive Chargebacks,excessive refunds of Transactions as defined by Trust My Travel, increase in volume above merchant estimation, warnings or assessments from the Card Schemes and any significant deterioration of the Travel Provider’s financial standing.
11.4 If Trust My Travel estimates that the overall merchant risk according to Trust My Travel ́s risk policy, has risen, the Trust My Travel is (at its own discretion) authorized to:
a) terminate this Agreement with notice. Such termination shall become effective upon notification to the Travel Provider.
b) delay settlements to the Travel Provider according to the terms of this Agreement.
c) make the necessary amendments to the Agreements including, but not limited to, raising the percentage of the gross value of all Transactions to fund the Reserve Account. Such amendments shall become effective upon notification to the Travel Provider.
12. Travel Documents and Health Advice
12.1 It is the responsibility of the Traveller to ensure that they have valid travel documents and have all the necessary tickets, vouchers and contact details.
12.2 Trust My Travel accepts no responsibility, nor will refund any money to the Traveller, where incorrect or missing documents and/or vaccinations prevent the Traveller from entering a country, checking onto a flight or into a hotel.
12.3 In such an event the Trust Services will be treated as a no show and Trust My Travel will pay out to you as Travel Provider accordingly.
13. Financial Protection
The Trust My Travel Trust Account has been designed to meet the Package Travel Regulations in protecting holiday payments. Our terms and conditions detail the extent of this cover and only the items detailed on a valid Trust My Travel invoice, complete with Trust My Travel Reference Number and a Trust My Travel Membership Number, are protected.
14. Changes by the Traveller
14.1 If the Traveller wants to change the Trust Services they must inform you as soon as reasonably possible.
14.2 Any changes will be subject to your own terms and conditions with regard to your ability to make a change and any additional costs involved.
14.3 You shall inform Trust My Travel of any changes, but it is the Traveller’s responsibility to check and approve any changes on the Trust My Travel system to ensure the correct sums are in the Trust Account and the Trust Services updated accordingly.
14.4 Trust My Travel will not be held responsible for any changes they have not been informed of, or any changes that have not been approved by both the Traveller and Travel Provider on the Trust My Travel system.
15. Changes by the Travel Provider
15.1 From time to time you may have to change details of the Trust Services.
15.2 If any of these changes has a significant effect on the Trust Services you shall inform the Traveller prior to their travel, if there is time. You must also inform Trust My Travel at the same time and allow the Traveller to approve these changes.
15.3 Changes you must inform us about can include, but are not restricted to:
15.4 If the Traveller does not want to accept a significant change, which you have informed the Traveller about before they depart you will, if able to do so, offer you an alternative package of equivalent or closely similar standard and price, at no extra cost. Or a less expensive package in which case you will refund the difference in price. If the Traveller does not wish to take the alternative the Traveller can cancel the Trust Services and receive a full refund of any money they have paid into the Trust Account, except for any amendment charges and the Trust Fee.
16. Cancellation by the Traveller
16.1 The Traveller must give written notice to the Travel Provider and to Trust My Travel to activate a cancellation.
16.2 Both Traveller and Travel Provider must confirm receipt of the cancellation notice and agree to the cancellation charges due to the Travel Provider.
16.3 The Trust Fee and any credit card charges are non refundable on cancellation.
17. Cancellation by the Travel Provider
17.1 You can cancel the Trust Services for whatever reason but you must inform the Traveller and Trust My Travel as soon as reasonable possible.
17.2 In these circumstances you must offer the Traveller an alternative package or equivalent, or closely similar standard and price at no extra cost. Or a less expensive package in which case you will refund the difference in price or alternatively the Traveller shall have the right to cancel the Trust Services and receive a full refund of any money paid, except for any amendment charges. The Trust Fee in the instance of cancellation by the Travel Provider will be absorbed by the Travel Provider and will be refunded to the Traveller.
18.1 If at any stage the Traveller has their travel plans changed either through a change or cancelled booking (where a replacement is accepted as above) as detailed above Trust My Travel will allow for this booking to replace an existing one provided Trust My Travel are notified by both the Traveller and Travel Provider and any changes are accepted by both parties.
18.2 Bookings may only be transferred to a replacement and cannot be left open ended for an indefinite time. In such a case the booking will be closed and a new booking will need to be made and an additional Trust Fee paid.
19. Disputes between Traveller and Travel Provider
19.1 All disputes, including non delivery of a product or service must be reported to Trust My Travel by email to email@example.com within 7 days of the Trust Release Date.
19.2 If the dispute is with regard to the quality of the Traveller’s holiday, rather than reporting a non-delivery of a product or service then while Trust My Travel will do everything reasonable to assist the Traveller in mediating a satisfactory settlement with the Travel Provider Trust My Travel are not obliged to do so.
1st January 2013