Booking Conditions

Your contract

This website is operated by Thomas Cook Retail Limited, ABTA J9375, acting as booking agent for Flythomascook.com. Flythomascook.com is a trading name of Thomas Cook Tour Operations Limited. When you make a flight booking via this website, your booking will be handled by Thomas Cook Retail Limited, but your contract will be with Thomas Cook Tour Operations Limited.

Bookings made via this web site do not constitute a 'package' (as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992) and these Regulations do not apply.

In these terms and conditions, the following definitions apply unless the context otherwise requires.

"airline(s)" means the airline(s) which provides your flight(s). This may be Thomas Cook Airlines Limited or any one or more of a number of other airlines.

"booking" means your booking made via this website.

"conditions" means these terms and conditions.

"flight(s)" means the flight(s) you book with flythomascook.com.

flythomascook.com" means Thomas Cook Tour Operations Limited trading as flythomascook.com.

"SDR" means Special Drawing Rights which is an International Monetary Unit.

"you" and "your" means all persons (or any of them as applicable) named on the booking (including the lead passenger (as defined below in 'Making A Booking') and anyone who is added or substituted at a later stage).

"sector" means a one-way flight from or to the UK. If you book a return flight, this will comprise two sectors - for example, the flight departing the UK is the first sector, the flight returning to the UK is the second sector.

"we", "us", "our" and "ourselves" means Thomas Cook Retail Limited.

ATOL Financial Protection and ABTA Membership

ATOL PROTECTION
All flight bookings made from 1 October 2012 on this website are financially protected by the ATOL Scheme. (If you booked prior to the 1st October 2012, please visit our FAQ section for information about financial protection). Your booking via this website for a flight will be authorised under Flythomascook.com's ATOL number 1179 and will be protected under the ATOL scheme. From 1st October 2012 onwards when you buy an ATOL protected flight from Flythomascook.com you will receive an ATOL Certificate. This lists the flights that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. Flythomascook.com or the airline will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither Flythomascook.com nor the airline are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the flights you have bought 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). For further information visit the ATOL website at www.atol.org.uk

ABTA Membership
Thomas Cook Retail Ltd and Flythomascook.com are each a member of ABTA with membership number J9375 and V6896 respectively. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London, SE1 9EQ Tel: 020 3117 0500 or see the ABTA website at: www.abta.com. Please note that ABTA membership only applies to services supplied by Thomas Cook Retail Ltd and Thomas Cook Tour Operations Ltd and does not apply to services such as car hire which you may choose to book with other third party companies.

Prices On This Website and Fuel Supplements

The prices you see initially on this website or on any Flythomascook.com e-mail marketing communication, are not live. Although prices and availability are updated very regularly, flights and other services advertised are subject to availability and prices can change at any time. When you make a search on this website for a specific flight or other service by entering your requirements, the website will then check the live availability and price, therefore please allow for changes to occur before your final price is confirmed. Credit card charges may apply.

Fuel Supplements: these arise as a result of changes in fuel costs between the time Flythomascook.com prices its flights and the time of booking or travel. These changes are beyond the control of Flythomascook.com and Flythomascook.com and airlines reserve the right to alter prices and introduce fuel supplements where changes in fuel costs occur. The amount of supplement will vary depending on the length of the flight. Any applicable fuel supplement will be shown separately in the price breakdown.

Website Accuracy

Things may change and system errors may occur after information is placed on this website. We check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, the website is updated at the earliest opportunity. If you have already booked, we and Flythomascook.com will do our best to let you know about any significant changes or mistakes which affect you before you travel. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this website, regrettably errors may occasionally occur. If a price is displayed which is obviously incorrect (being exceptionally low for the flight/service advertised), we reserve the right to charge the correct price for that flight/service.

Making a booking

The person who makes the booking must be at least 18 and is responsible for payment of the total cost of the booking, including any insurance premiums, and any cancellation or amendment charges that may be payable. The first named passenger is the 'lead passenger'. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by confirming the booking, confirms that all the other members of the party, including any that are added or substituted at a later date, agree to be bound by these terms and conditions and all other information on our website. When you book your flight and any other service you will have to pay the full cost of the flight and any other services you book at the same time.

We regret we cannot accept any booking for a child or children under 18 unless accompanied by a parent or legal guardian.

Travel Agent Bookings: If the person who makes the booking is a travel agent, acting as agent for their customer(s), the 'lead passenger' will be the first customer named as travelling on the booking. Any travel agent using this web site will be acting as agent for the customer - not as agent for Thomas Cook Retail Ltd or Flythomascook.com. No commission or other payment will be due from Flythomascook.com to any travel agent making a booking on this site. It is the travel agent's own responsibility to ensure that they comply with any legal or regulatory requirements, including the need to hold their own ATOL, issue a Flight-Plus or other ATOL Certificate and collect APC in cases where the travel agent creates a Flight-Plus or package arrangement for their customer(s) using flights booked via this website.

Group Bookings: The prices advertised on this website are applicable only where the number of passengers does not exceed 9 (nine) individuals. For bookings of 10 or more people, a group price must be obtained by contacting us via the email address which will be given during the booking journey. Group bookings not made in accordance with these conditions will not be valid and we reserve the right to either charge the correct group price for any such bookings or to cancel the booking (in which case a cancellation charge may be levied). This applies regardless of whether the group has been split and booked under more than one booking reference number.

Confirmation of bookings

If you book through a travel agent other than Thomas Cook Retail Ltd, your booking confirmation will be emailed to that travel agent. It is then their responsibility to send it on to you. When you book with Thomas Cook Retail Ltd, either via this website or by phone, you will either receive a confirmation email itinerary including flight tickets which will be e-mailed to you, or a confirmation e-mail followed by flight tickets (if your booking reference starts with FTCS) which will be sent to you by post. A binding contract between you and flythomascook.com for any flights booked will come into existence when your confirmation itinerary is e-mailed.

Please check your confirmation itinerary together with all other information and documents we send you as soon as you receive them. Contact us immediately if any information stated on your confirmation itinerary or elsewhere appears to be incorrect or incomplete as it may not be possible to make changes later. We regret that neither we nor Flythomascook.com nor any airline can accept any responsibility if we are not notified of any inaccuracies in any document within 14 days of our sending it out (5 days in the case of paper tickets where we issue them). We will do our best to rectify any inaccuracies notified outside these time limits. However, you will be responsible for any costs and expenses involved in doing so except where we/Flythomascook.com/the airline made the mistake and there is good reason why you did not contact us within the time limit.

After a booking is confirmed

If you have booked directly via this website, we may communicate with you by e-mail, by post or by telephone. If you booked through another travel agent, all communication will be sent to that travel agent. By making your booking via the internet or otherwise providing us with an e-mail address, you authorise us/Flythomascook.com/the service provider to contact you in relation to your booking or enquiry using the e-mail address you have used to contact us or which you have otherwise provided. You must accordingly check your e-mails on a regular basis. Not all communications can go by e-mail. We or Flythomascook.com may also contact you by post or by telephone if, for example and for whatever reason, we have difficulty contacting you by e-mail or we/Flythomascook.com urgently need a response from you.

If, after making your booking, your card payment is declined for any reason, we will cancel your booking as soon as we become aware.

Credit Card Fraud Contingency

Please make sure that you have supplied us with the correct credit card billing information. If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall cost may increase. We do reserve the right to cancel tickets after issue if payment is declined or if you have supplied incorrect credit card information.

In addition, we also reserve the right to do random checks (including the electoral roll) in order to minimise credit card fraud. As a result of this, before issuing tickets we may require you to provide us with a fax or postal copy of proof of address, as well as a copy of your credit card and a recent statement.

Reconfirming flight times

We will inform you of any significant changes to your flight as soon as we become aware of them (see section below: 'Changes made by flythomascook.com prior to travel'). If flight times change significantly, we will send a revised Flythomascook.com confirmation itinerary to the email address or postal address that you gave at the time of booking. If you booked through another travel agent, all communication will be sent to that travel agent. However it is your responsibility to reconfirm all flight details at least 48 hours prior to departure by viewing your booking itinerary online using our 'Manage Booking' facility on this website.

Receiving flight tickets

On-screen confirmation page

You may print the online confirmation page for your records.

However, Flythomascook.com needs you to print and bring to check-in all pages of the emailed confirmation, which are sent to you shortly after booking online.All tickets or pages of the itinerary should be presented along with your passport and any relevant travel documents at check-in. Failure to do so may result in you being denied travel. This is especially important when checking-in overseas. Please ensure you check your travel details and the important information on the itinerary and remember to check your email for any changes to your flight. You risk being unable to obtain a boarding card without this documentation and we shall not be responsible for any consequences of you being refused a boarding card.

Specific travel needs or requirements

If you require special assistance from your airline (for example, if you have a disability or reduced mobility), you will need to discuss your requirements with one of our travel consultants prior to booking.

Travel insurance

It is advisable to take out insurance suitable for your needs before you travel. Neither we nor Flythomascook.com can be held responsible for any costs you incur as a result of failing to do so. For your own peace of mind the insurance should cover you if you have to cancel your flight or other travel arrangements and for any emergencies which arise while you are away. Please read your policy details carefully when you receive them and take them with you when you travel.

Documentation for travel

Please also see Receiving flight tickets and On-screen confirmation page above.

Passports and Visas: You cannot travel if you do not have all required travel documents, such as passport and visa. Remember to check if you need a visa for the country you are flying to. The passport, visa and health requirements applicable to British citizens holding a British passport departing from and returning to the UK are shown in the Valid documentation for travel section of our online self help. Any information we provide is for guidance only. If you need to apply for a passport or renew an expired passport, you should do so well in advance of travel and at least four weeks before. (If you are 16 or over and have never had a passport in your own name, you should apply for one at least six weeks before your holiday. The UK passport service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to protect your identity). Visit www.direct.gov.uk/passports. Requirements may change and you should check the up to date position in good time before departure. Some countries have an immigration requirement for a passport to remain valid for a minimum period after the date of entry to that country (typically 6 months). If your passport is in its final year of validity, you are advised to check the requirements of the destination before you make your final travel plans.

Passengers without the correct documentation may be refused carriage by the airline or entry into any country. Where entry is refused, fines or other financial penalty will be imposed on or by the airline and the passenger(s) concerned will be required to immediately return to their country of departure. Any passenger who travels without the required passport/visa/other documentation is solely responsible for and must immediately pay all fines, surcharges, other financial penalty, costs (including the cost of their immediate return flight) and any other sums of any description which are incurred or imposed by the airline or incurred by ourselves. This will be the case regardless of whether the lack of correct documentation is spotted at the departure airport. Neither we nor Flythomascook.com can accept any liability in this situation and no compensation, expenses, refund or other sum will be paid to you.

Flight Tickets: Your flight ticket will not be honoured and will lose its validity if the flights are not taken in the sequence provided in the ticket, and neither we nor Flythomascook.com will be held liable for refunds or compensation in this case.

Special Information for all passengers travelling to/from Tunisia or The Gambia

Passengers holding a one-way ticket to The Gambia or Tunisia may be asked to produce proof of return or onward travel. Boarding or entry to The Gambia or Tunisia may be refused if this cannot be provided when requested and alternative travel arrangements and any costs associated would be the responsibility of the passenger. Passengers who hold a return ticket from the UK to The Gambia or Tunisia, but do not use the outbound portion of the ticket, will cause the inbound flight ticket to become invalid and this will be cancelled. Carriage from The Gambia or Tunisia.

Special Information for all passengers travelling from The Gambia not holding a UK or other EU Passport

If the first leg of your flight starts from The Gambia and you do not hold a UK or other EU passport your carriage is strictly subject to the following terms and conditions.

1. Your API must be submitted by retrieving your booking a minimum of 15 days before departure.
2. You must submit your travel documents, both passport and visa to: Air Rep Services ('ARS'), T. K. Motors, Kanifing Industrial Area, Tel: 4372731 for pre departure screening.
3. A £20 per person passport screening charge is levied. This is to be paid directly to ARS in Banjul in Sterling.
4. This can be completed between 14 and 2 days prior to departure. The document screening must be completed by 1200 two days prior to your departure, ARS office is open 0930 - 1100 Monday to Friday only.
5. If your documents do not pass screening your booking will be cancelled by flythomascook at 100% charges.
6. Documents that are cleared through the screening process by ARS will be recorded, but this does not guarantee carriage. The cleared documents will be subject to further screening by both check-in staff and departure gate staff on the day of departure. If either ARS, our agents, the carrier and or any other person in authority is not satisfied that document requirements have been met, carriage will be refused and no refund will be provided.

Reduced fares for children/infants

Any child aged 2 years or over on the day of the return flight (or last flight sector) pays the full adult fare as they will be required to occupy a seat. A charge applies to infants under 2 years of age but infants cannot occupy their own seat. If a seat is required, the full adult fare is applicable. Details of applicable infant charges will be shown as you go through the booking process.

In-flight meals

The cost of your flight does not include an in flight meal. If you are flying with Thomas Cook Airlines a 3 course meal to suit your dietary requirements can be provided for a small charge. Infants do not receive meals and we regret that baby food is not sold on the flight.In flight meals are mandatory for Thomas Cook Airlines bookings made within 4 days of departure and will be added to the cost of your flight.Once a meal has been booked, it cannot be removed from the booking. Meal charges are non-refundable.

All airline regulations only permit the consumption of alcohol that is purchased from the on-board bar service.

Children travelling without a parent or guardian

We regret Flythomascook.com cannot accept any booking for a child or children under 18 unless accompanied by a parent or legal guardian.

Baggage allowance

No hold baggage is included in the flight cost. If you are flying with Thomas Cook Airlines, you can pre-book 20kgs of baggage at an extra cost during the booking journey or after the booking has been confirmed. Adding baggage after the booking has been confirmed can be done via this website or our Customer Help Desk. However, this must be done more than 25 hours before your first departing flight for flights up to 7 hours in duration and 80 hours for flights with a flight duration of over 7 hours. However please be advised once a booking has checked in online no changes can be made. If you exceed your baggage allowance, excess baggage charges will apply. For more information on baggage allowance see Baggage Information in our website online help page.

Flight delays

Airline policy in the event of a delay is in accordance with EC Regulation 261/2004. This is set out in the notice which the Airline will provide to passengers affected by a delay and is also available on request.

Airport Check-In

The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be at the boarding gate. The airline may refuse to carry you if you are late. Standard opening of check-in desks is 3 hours prior to scheduled time of departure. Thomas Cook Airlines recommends that passengers check-in at least 2 hours prior to scheduled departure. Check-in desks close strictly 1 hour before scheduled departure. Failure to check-in in good time will result in you being denied boarding to the flight.

Changes made by flythomascook.com prior to travel

Flythomascook.com is not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your flight. The flight timings and types of aircraft shown on this website and detailed on your confirmation itinerary are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs.

If there is a flight change on your booking, a significant change is: a change of time over 12 hours or more, a change of destination, or a change of the UK departure airport. Any other change is not a significant change. Any change which is not deemed to be significant will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of a minor change.

If you do not want to accept a significant change, Flythomascook.com will, if they are able to do so, offer you an alternative flight at no extra cost to you. If you do not want to accept any alternative offered, you can choose to find a different flight via this website and pay the difference (if it is more expensive) or receive a refund of the difference (if it is less expensive) than your original flight cost. Alternatively, if you do not want to accept the alternative offered, you can elect to cancel your booking and receive a full refund of monies paid to us, except any amendment charges. Unless the change has resulted from circumstances beyond the control of Flythomascook.com (being any event that Flythomascook.com or the airline could not foresee or avoid, even after taking all reasonable care), compensation will be paid for a significant change in accordance with the table below.

Option 1 compensation applies where you accept the significant change or where you amend to a different flight offered to you or found via this website.

Option 2 compensation applies where you reject the significant change and elect to cancel.

No compensation is payable for infants on the booking

Change of Airline or Aircraft: The flights offered on this website are operated by a range of charter or scheduled airlines, using a wide or narrow body jet aircraft. It may not be possible at the time of booking to specify the airline or aircraft type. Flythomascook.com is required to inform you of the identity of the airline operating your flight. Any changes to the operating airline will be notified to you as soon as possible and, at the latest, at check in or at the boarding gate. Flythomascook.com reserves the right to change airlines or aircraft types at any time and changes of this type will not constitute a significant change.

Changes made by you to your flight booking

This section must be read together with, and is subject to, the refunds section of the relevant airline's conditions of carriage. Charges will apply if you need to make any changes to your flight or to any additional services, facilities or other items booked. In addition an administration fee per person, per sector, per change will apply (See table below). If the changed arrangements are more expensive than those originally booked, you must also pay the price difference. If the change reduces the total cost of the original booking you will not be entitled to any refund of the difference. If you cancel any 'optional extras' for which there is a charge, you will not receive a refund. Where a change to an optional extra can be made, we will charge an administration fee from £30/€36 for each change.

If you cancel any holiday insurance booked through us, your premium will not be refunded, as cover under the policy will already have been provided.

All changes are subject to availability and cannot be made later than 25 hours before your first departing flight for flights up to 7 hours in duration and 80 hours for flights with a flight duration of over 7 hours. However please be advised once a booking has checked in online no changes can be made. Please note for changes made by you to a booking of a service/extra (such as 'Choose Your Seat'), we will charge either the full cost of the service or an administration fee from £30/€36 for each changed or cancelled service.

Bookings that are originally made by telephone through the Thomas Cook sales centre can only be amended or cancelled through the sales centre, click here for more information

Charges for changes made by you to a flight booking prior to travel

Note 1: If there has been an increase between the original fare paid and the current fare available at the time the change is made, you will be required to pay this. No refund will be given if the current fare is lower. It is not possible to transfer your booking to a departure date more than 3 months after your original travel date without incurring cancellation charges.

Note 2: On return flights, the names of passengers travelling on each sector must match. It is not possible to have different passenger names on each sector. Please be advised if a name change is made online within 48 hours of booking being made this will be free of charge. If your booking reference is similar to S123456K then you can only action the name change or amendment via the Customer Help Desk: The flythomascook.com Customer Help Desk number is 0844 879 8880, calls charged at 5.2 pence per minute. Please check with your service provider for any additional charges. Flythomascook.com operating hours are Monday-Sunday 08:00 - 22.00.

Cancelling a flight booking

Flythomascook.com is 100% non-refundable. This applies to all cancellations including but not limited to cancellations arising from a change in personal circumstances, such as the inability to travel on medical grounds. If you need to cancel your flight booking you will be charged 100% of the booking cost plus a £25/€29.00 administration charge if a cancellation document is required for insurance purposes. Please note, we do not issue refunds of taxes and charges for cancelled or unused flights.

Conditions of Airlines

The flights advertised on this website are provided by various airlines. These airlines have their own conditions and you will be bound by these. Copies of these conditions are available on request by contacting us, or alternatively by contacting the relevant airline.

The airline's conditions also apply to and form part of your contract with Flythomascook.com for your flight(s). In the event of any conflict or difference between the airline's conditions and the conditions of Flythomascook.com, the Flythomascook.com conditions will apply in respect of the conflict or difference. This means Flythomascook.com are entitled to rely on any provision(s) in the airline's conditions as if they were written down as part of these conditions unless these conditions say something different on the same point. In this case what it says in these Flythomascook.com conditions will apply.

Airlines' liabilities to their passengers are limited in accordance with international conventions. See further below under Airline Liability.

Situations outside Flythomascook.com's control

Except where expressly stated differently elsewhere in these conditions, Flythomascook.com cannot pay any compensation, damages, expenses, costs, losses or any other amount of any description or otherwise accept responsibility if your airline has to change or cancel your flight or your flight cannot be provided as or when agreed, or your flight arrangements prove deficient or you suffer any loss or damage of any description (including death or personal injury) as a result of circumstances or an event beyond the control of Flythomascook.com, which Flythomascook.com could not foresee or avoid even after taking all reasonable care. Such circumstances will usually include war, terrorist activity, civil unrest, industrial dispute, fire, natural or nuclear disaster, bad weather and all similar circumstances and in all such cases whether, actual or threatened. References in these conditions to 'exceptional circumstances' mean such circumstances.

Airlines under an EU operating ban

In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection here.

If the airline with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which Flythomascook.com is unable to offer you a suitable alternative, the provisions of "What if you make a change to or cancel my flight before I travel?" above will apply.

Your responsibility

We want all our customers to have an enjoyable and carefree trip. However you must remember that you are responsible for your actions and the effect they may have on others.

Airlines have a wide right to refuse carriage of passengers and/or their luggage (which includes removing passengers and/or their luggage at any stage after boarding/loading including at any intermediate stop (whether scheduled or not) or airport at which the aircraft lands or to which the aircraft is diverted. For details of the circumstances in which carriage may be refused when travelling on Thomas Cook Airlines flights please see the Thomas Cook Airlines Conditions of Carriage as referred to above. For conditions of carriage of other airlines click here.

In the event that you and/or your luggage is refused carriage by the airline, neither Flythomascook.com nor the airline will pay you or anyone travelling with you any damages, compensation, refund(s) or any other sum(s) of any description whatsoever or meet any expenses or costs incurred as a result. Neither Flythomascook.com nor the airline will have any further responsibility for you. If you are refused carriage on your outward flight, the airline is entitled to refuse carriage on your return flight or any other sector(s).

Complaints

If you have a complaint regarding any issue after you have travelled please register your complaint online at www.thomascook.com/customer-relations or write to: Customer Relations Department, Flythomascook.com, 2-4 Godwin Street, Bradford, West Yorkshire, BD1 2ST. Receipt of your complaint will be acknowledged at the earliest opportunity and a response will usually be provided within 28 days. Where it is necessary to contact a third party supplier to investigate your complaint, further time may be required to provide you with a full response.

For complaints or queries relating to the content or operation of this website please click here.

If you are not satisfied with your flight arrangements please complain as soon as possible to the most appropriate person available at the airline/airport. If you are still not satisfied, please ask for an complaint report form from the airline/airport's representative before you leave the airport. You should complete this straightaway, return it to the airline/airport's representative and ensure you obtain a copy, again before you leave the airport. When you get back home, send a copy of the report form to the Customer Relations Department (address as above) together with a covering letter, giving full details of your complaint and including your booking reference. This should be done within 28 days of returning home.

We should point out that failure to follow the above procedures (which includes failure to complain, as set out above, within 28 days of your return home) may reduce or extinguish any rights you have to claim compensation from Flythomascook.com or from the airline. Any such rights will be reduced or extinguished if, had you done so, you or Flythomascook.com or the airline could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if the complaints procedure is not followed. Your right to compensation may be reduced or extinguished should any delay in your complaint being notified prevent Flythomascook.com or the airline from carrying out a proper investigation.

ABTA Arbitration Scheme: If you are not satisfied with the outcome of any investigation into your complaint, you may ask for your complaint to be considered under a special scheme devised by The Travel Association (ABTA) and administered independently by the CEDR Solve, a leading mediation and dispute resolution service. Please bear in mind that this special scheme is only available for claims against Thomas Cook Tour Operations Limited (trading as Flythomascook.com) or Thomas Cook Retail Limited, and not against any airline or other supplier, as the airline/other supplier is not a member of ABTA. Please also carefully consider the extent of responsibility that we or Flythomascook.com has for your booking (see under "Our Responsibility") before you make a claim against either of us . The scheme provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). Before you can apply for arbitration, you will need to register your complaint with ABTA. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. In addition, it does not generally apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the ABTA within 18 months of the date of your return flight. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement.

Thomas Cook Worldwide Vouchers and Family Fund Vouchers

Flythomascook.com is now able to accept Worldwide Travel Vouchers as payment. This can be for the full booking amount or as a part payment. Please follow the below instructions on how you can redeem your vouchers against your new booking.

1. Complete your booking on flythomascook.com by making the full payment at time of booking using a card payment of your choice. (Credit card fees are charged at 2% of the transaction cost.)
2. Please allow 28 days for the vouchers to be redeemed against your booking.
3. A representative from the Sales Accounting Department will make telephone contact using the contact number provided with the vouchers, to acquire the full card details to be able to complete the voucher refund. The card holder must be present to authorise the refund on to the original card used to make the booking.
4. Send your vouchers to: Sales Accounting, Thomas Cook, 2-4 Godwin Street, Bradford, BD1 2ST

Worldwide Travel Vouchers cannot be exchanged for cash, traveller's cheques or foreign currency in any format.

Vouchers may be declined if not purchased from an authorised supplier.

Thomas Cook Travel Pounds

Please be advised we do not currently accept Thomas Cook Travel Pounds as a form of payment on bookings made with flythomascook online or through the call centre.

Law and jurisdiction

Flight bookings: English Law (and no other) will apply to your contract with Flythomascook.com and to any dispute, claim or other matter of any description which arises between you and Flythomascook.com (except as set out below). Any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between you and Flythomascook.com must be dealt with either under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see above) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In either of those cases, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises out of your contract governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose at the outset of any proceedings, English law will apply).

Flythomascook.com's Liability to You

Flight bookings: Flythomascook.com's obligations under its contract with you (other than those which are expressly set out in these conditions) are to reserve a seat for you with your confirmed airline (or such other airline as may be substituted) and provide you with a ticket for travel or other equivalent means of accessing your booked flight where no paper ticket is issued. Flythomascook.com has no responsibility or liability for the provision of the actual flight or for the acts or omissions of the airline or any of its employees, agents, suppliers or subcontractors. The airline's conditions of carriage will apply to your contract (in addition to these Flythomascook.com terms and conditions). Flythomascook.com is not an airline or air carrier and does not enter into a contract for carriage with you.

The maximum liability of Flythomascook.com if found to be at fault in connection with its contractual obligations to you is limited to twice the cost of the flight(s) in question.

However, in the event that Flythomascook.com is found liable by any court of law in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount Flythomascook.com will have to pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability in the event of accidents for national and international travel by air). In such circumstances Flythomascook.com are also entitled to rely on all defences from, exceptions to, and other provisions relating to, liability as are available to the airline in accordance with such applicable International Convention(s) or Regulation(s). Please note, the airline is also entitled to limit its liability to you in accordance with such applicable International Convention(s) or Regulation(s).

When making any compensatory payment to you, Flythomascook.com is entitled to deduct any money which you have received or are due to receive from the airline for the complaint or claim in question.

Where a flight ticket is downgraded or a flight is cancelled or delayed, or boarding is denied by any airline in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those regulations from the airline. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation against Flythomascook.com, you must, at the time of payment of any compensation to you, make a complete assignment to Flythomascook.com of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.

Airline Liability

SPECIAL NOTE: All European Community air carriers are required by European Community legislation to provide the following notice in its prescribed form to their passengers. This notice is intended to summarise the principle liability provisions of the Montreal Convention 1999 and EC Regulation No. 889/2002 on air carrier liability in the event of accidents. However, it is not entirely accurate or complete. EC Regulation No 889/2002 specifically provides that this notice or summary cannot be used as a basis for a claim for compensation nor to interpret the provisions of Regulation 889/2002 or the Montreal Convention. A 'Community Air Carrier' is an air carrier with a valid operating licence granted by an EU member state in accordance with the provisions of EC Regulation 2407/92. Thomas Cook Airlines is a Community Air Carrier.

Air carrier liability for passengers and their baggage

This information notice summarises the liability rules applied by Community Air Carriers as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £82,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments

If a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000).

Passenger delays

In case of passenger delays, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately £3,500).

Baggage delays

In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £850).

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £850). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check in and by paying a supplementary fee.

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. See our online help for more information on hand and hold luggage restrictions

Liability of contracting and actual carriers

If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States.

AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY. FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

NOTICE of Liability Limitations

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay. Where the Montreal Convention applies, the limits of liability are as follows:

1. There are no financial limits in respect of death or bodily injury.
2. In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,280; US $1,770) per passenger in most cases.
3. For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,330; US $7,350) per passenger in most cases.

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

Where the Warsaw Convention system applies, the following limits of liability may apply:

1. 16,600 Special Drawing Rights (approximately EUR 18,850; US $26,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 9,400; US $13,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
2. 17 Special Drawing Rights (approximately EUR 19; US $26 per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 370: US $520) for unchecked baggage.
3. The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to the limits applicable to your journey. if your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability. Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

Notice of Contract Terms Incorporated by Reference

1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier's individual terms and conditions of carriage (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs. If this notice is in any respect inconsistent with the Conditions or Regulations, the Conditions or Regulations will prevail.
2. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
3. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
4. The Conditions may include, but are not restricted to:
   • Conditions and limits on the carrier's liability for the bodily injury or death of passengers.
   • Conditions and limits on the carrier's liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
   • Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
   • Application of the carrier's Conditions and limits of liability to the acts of the carrier's agents, servants and representatives, including any person providing either equipment or services to the carrier.
   • Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
   • Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier's right to refuse carriage.
   • Rights of the carrier and limits on the carrier's liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
   • Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier's airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.
7. Certain governments forbid interchanging on charter flights, this means that you must travel both ways with the same party regardless of how many trips your group has booked. The carrier cannot entertain requests for changes on return flights or be held responsible for passengers either missing flights or wanting to return earlier than planned for any reason whatsoever.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

DENIED BOARDING: Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier's boarding priorities.

BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier. Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Only ONE small item of cabin baggage per passenger will be allowed into the aircraft (subject to space availability) MAXIMUM SIZE: 55cm x 40cm x 20cm) MAXIMUM WEIGHT: 11lbs (5kg). It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin). SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL: For domestic travel wholly between US points, federal rules require any limit on a carrier's baggage liability to be at least US$3000.00 per passenger, or the amount currently mandated by 14 CFR 254.5.

Except as provided in the Montreal Convention 1999 or other applicable international convention, your carrier has no liability for loss or damage to valuable or fragile items packed in hold baggage however caused. You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples. Written confirmation of any baggage irregularities must be obtained from the carrier before leaving the airport.

CHECK-IN TIMES: The time shown on the, itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.

DANGEROUS GOODS (HAZARDOUS MATERIALS): For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.

SECURITY INFORMATION: Please check with your airline for the latest airport security requirements before you travel.

(amended version July 2012)

Thomas Cook Airlines Conditions Of Carriage

If your flights are with Thomas Cook Airlines, the following Thomas Cook Airlines conditions of carriage will apply to your contract, in addition to the Flythomascook.com booking conditions set out on this website:

1. Definitions
   

   As you read these Conditions of Carriage, please note that:

   • 1.1 "We", "our","ourselves" and "us" means Thomas Cook Airlines Limited.
   • 1.2 "You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (See also definition for "Passenger").
   • 1.3 "Agreed Stopping Place" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
   • 1.4 "Airline Designator Code" means the two characters, or three letters, which identify particular air carriers.
   • 1.5 "Authorised Agent" means a passenger sales agent who has been appointed by us or by another carrier, or by any person or entity with whom or which we have entered into a charter agreement, to represent us or it in the sale of air transportation on our services.
   • 1.6 "Baggage" means your articles, effects and other personal property necessary or appropriate for wear, use, comfort or convenience in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
   • 1.7 "Baggage Check" means those portions of the ticket which relate to the carriage of your Checked Baggage.
   • 1.8 "Baggage Identification Tag" means a document issued solely for identification of Checked Baggage.
   • 1.9 "Charter Agreement" means the agreement entered into between us and an Authorised Agent to represent us or it in the sale of air transportation on our services.
   • 1.10 "Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Check.
   • 1.11 "Conditions of Contract" means those statements and notices contained in, or delivered with, your Ticket, identified as such and which incorporate these Conditions of Carriage by reference.
   • 1.12 "Convention" means whichever of the following instruments is or are applicable:
     • Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention) ;
     • The Warsaw Convention as amended at the Hague on 28 September 1955 ;
     • The Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975) ;
     • The Warsaw Convention as amended at the Hague and by Additional Protocol No 2 of Montreal (1975);
     • The Warsaw Convention as amended at the Hague and by Additional Protocol No 4 of Montreal (1975);
     • Guadalajara Supplementary Convention (1961);
     • The Montreal Convention (1999).
   • 1.13 "Coupons" means Electronic Coupon, Flight Coupon and Passenger Coupon as required.
   • 1.14 "Damage" includes death, wounding and bodily injury of a Passenger, or, as the context requires, loss, partial loss, theft of and other damage to Baggage arising out of or in connection with carriage or other services incidental thereto performed by us.
   • 1.15 "Days" means calendar days, including all seven days of the week, provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.
   • 1.16 "Electronic Coupon" means an electronic Flight Coupon for an electronic ticket held in our computer database.
   • 1.17 "Electronic Ticket" means an itinerary and receipt, Electronic Coupons and any boarding document we have issued to you.
   • 1.18 "Flight Coupon" means that portion of the ticket that bears the notation "good for passage" and indicates the particular places between which you are entitled to be carried.
   • 1.19 "Itinerary / Receipt" means the document or documents issued to Passengers travelling on Electronic Tickets containing the passenger name, flight information and notices.
   • 1.20 "Passenger" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself").
   • 1.21 "Passenger Coupon" means that portion of the Ticket which is so marked and which ultimately is to be retained by you.
   • 1.22 "SDR" means a Special Drawing Right as defined by the International Monetary Fund.
   • 1.23 "Stopover" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
   • 1.24 "Tariff" means published fares, charges and / or related Conditions of Carriage which have been filed, where required, with the appropriate authorities.
   • 1.25 "Ticket" means the document entitled "Passenger Ticket and Baggage Check" issued by the Ticket Issuer, and includes the Conditions of Contract, notices and Coupons.
   • 1.26 "Ticket Issuer" means any person or other entity with whom or which we have entered into a charter agreement, or its Authorised Agent, as the case may be, who issued the Ticket.
   • 1.27 "Unchecked Baggage" means any of your Baggage other than Checked Baggage.
2. Applicability
   
   1. 2.1 General
      

      These Conditions of Carriage apply to flights for which our name or Airline Designator Code is indicated in the carrier box of the Ticket, provided that Article 13 applies to our liability for Damage however it may arise.

   2. 2.2 Other Carrier's Conditions
      

      If we have arranged for another carrier to perform any carriage on our behalf, and if there is any difference between our Conditions of Carriage and those of the other carrier the latter will prevail to the extent necessary or desirable for operational purposes provided however that our liability will continue to be governed by Article 13 of our Conditions of Carriage.

   3. 2.3 Overriding Law
      

      These Conditions of Carriage are applicable unless they are inconsistent with Tariffs or laws applicable to the carriage being provided hereunder, in which event such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is invalid under any such applicable law, the other provisions shall nevertheless remain valid.

   4. 2.4 Charter Agreement / Tour Operator Conditions
      

      Carriage may be subject to the rules and regulations set out in the relevant Charter Agreement (if any) and/or any Tour Operator conditions if applicable to a customer travelling on a package holiday and in effect on the date of Ticket issuance (which deal with matters such as the carriage of passengers with special needs and special types of baggage). In the event of inconsistency between any of these and these Conditions of Carriage, the latter shall prevail.

3. Tickets
   
   1. 3.1 Requirement for Valid Ticket
      
      • 3.1.1 We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
      • 3.1.2 A Ticket is not transferable.
      • 3.1.3 You shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon or Electronic Coupon for that flight and all other unused Flight Coupons or Electronic Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by the Ticket Issuer. Any enquiries about lost or incomplete Tickets should be addressed to the Ticket Issuer.
   2. 3.2 Validity
      
      • 3.2.1 Except as otherwise provided in the Ticket, in these Conditions or in applicable Tariffs, a Ticket is good for carriage only from the airport of departure to the airport of destination for the flight and date shown on the Ticket.
      • 3.2.2 If you fail to board the aircraft prior to departure for any flight for which the Ticket has been issued for any reason beyond our control, your ticket will be invalid and we shall be under no liability to you.
   3. 3.3 Coupon Sequence and Use
      

      The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.

   4. 3.4 Name and Address of Carrier
      

      Our name may be abbreviated to our Airline Designator Code, or otherwise, on the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "Carrier" box in the Ticket.

   5. 3.5 Refunds
      
      1. 3.5.1 General
         

         We shall not be obliged to give refunds in any circumstances if your Ticket has been issued to you by a Ticket Issuer. Any enquiries about refunds should be addressed to the Ticket Issuer. If we have issued your Ticket, if we fail to provide carriage in accordance with the contract of carriage or where you request a voluntary change of your arrangements, refund for an unused ticket or portion thereof shall be made by us in accordance with this Article 3.5 of these Conditions of Carriage

      2. 3.5.2 Person to whom refund will be made
         
         1. 3.5.2.1. Except as hereinafter provided in this Article, we shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
         2. 3.5.2.2. If a ticket has been paid for by a person other than the passenger named in the ticket, and we have indicated on the ticket that there is a restriction on refund, we shall make a refund only to the person paying for the ticket or to that person's order.
         3. 3.5.2.3. Except in the case of lost tickets, refunds will only be made on surrender to us of the passenger coupon and surrender of all unused Flight Coupons.
         4. 3.5.2.4. A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of 3.5.2.1 or 3.5.2.2 shall be deemed a proper refund and shall discharge us from liability and any further claim for refund.
      3. 3.5.3 Involuntary Refunds
         
         1. 3.5.3.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at a point to which the passenger is destined or ticketed to stop over, are unable to provide previously confirmed space or cause the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be:
         2. 3.5.3.1.(a). if no portion of the ticket has been used, an amount equal to the fare paid;
         3. 3.5.3.1.(b). if a portion of the ticket has been used, the refund will be the higher of:
         4. 3.5.3.1.(c).(i) the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or
         5. 3.5.3.1.(d).(i) the difference between the fare paid and the fare for the transportation used.
      4. 3.5.4 Refund on lost ticket
         
         1. 3.5.4.1. If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to us and upon payment of any applicable service charge, on condition:
         2. 3.5.4.1.(a). that the lost ticket, or portion thereof, has not been used, previously refunded or replaced; and
         3. 3.5.4.1.(b). that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.
      5. 3.5.5 Right to refuse refund
         
         1. 3.5.5.1. After the expiry of the validity of the ticket, we may refuse refund when application therefore is made later than any time prescribed in our Conditions of Contract or these Conditions of Carriage.
         2. 3.5.5.2. We may refuse refund on a Ticket which has been prescribed to us or to Government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to our satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another carrier or another means of transport.
      6. 3.5.6 Currency
         

         All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for.

      7. 3.5.7 flythomascook.com
         

         Not withstanding the provisions of this Article 3.5, bookings made with flythomascook.com shall not be refundable in any circumstances.

4. Taxes and Charges
   

   Applicable taxes or charges imposed by government or other authority, or by the operator of an airport, and in effect on the date of travel, shall be payable by you.

5. Seating
   

   We will endeavour to honour advance seating requests, but we cannot guarantee any particular seat, and you agree to accept any seat that may be allocated on the flight in the class of service for which the Ticket has been issued. We reserve the right to assign or reassign seats at any time.

6. Check-in / Boarding
   

   We will endeavour to honour advance seating requests, but we cannot guarantee any particular seat, and you agree to accept any seat that may be allocated on the flight in the class of service for which the Ticket has been issued. We reserve the right to assign or reassign seats at any time.

   1. 6.1 You must have completed the check-in process sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures, and not later than any minimum time specified by us.
   2. 6.2 You must be present at the boarding gate not later than the time specified by us.
   3. 6.3 We may refuse to allow you to board if you have not checked-in in time, fail to arrive at the boarding gate in time or appear improperly documented as set out in Article 12.2.
   4. 6.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
7. Refusal and limitation of carriage
   
   1. 7.1 Right to Refuse Carriage
      

      In the exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights or if one or more of the following have occurred or may occur:

      1. 7.1.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders;
      2. 7.1.2 the carriage of you or your Baggage may endanger the safety, health, comfort or convenience of other passengers or crew;
      3. 7.1.3 your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to Passengers, to crew or to property;
      4. 7.1.4 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
      5. 7.1.5 you have refused to submit to a security check;
      6. 7.1.6 you have not paid any applicable taxes or charges;
      7. 7.1.7 you do not appear to have valid travel documents, you seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, you destroy your documentation during flight or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
      8. 7.1.8 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than the Ticket Issuer, has been reported as being lost or stolen or is a counterfeit, or you cannot prove that you are the person named in the Ticket;
      9. 7.1.9 you have not used the coupons in sequence, or you present a Ticket, which has been issued or altered in any way, other than by the Ticket Issuer or us, or the Ticket is mutilated.
      10. 7.1.10 we are requested to do so by the Ticket Issuer;
      11. 7.1.11 you fail to observe our instructions with respect to safety or security;
      12. 7.1.12 you have previously committed one of the acts or omissions referred to above.
   2. 7.2 Special Assistance and Passengers with disabilities
      
      1. 7.2.1 Acceptance for carriage of passengers with disabilities or with reduced mobility or of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us and is also subject to these Conditions of Carriage and the procedures and requirements set out at http://book.flythomascook.com/special-assistance/. This includes requirements for electric wheelchair / mobility aid acceptance.
      2. 7.2.2 Passengers with disabilities or with reduced mobility who have advised us of their disability and any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
      3. 7.2.3 We may require that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft, or you are unable to understand the safety instructions.
      4. 7.2.4 Assistance dogs may be taken into the aircraft cabin if applicable laws permit it and if the necessary arrangements are in place at the relevant airports. You assume full responsibility for such animal. We shall not be liable for injury or loss, delay, sickness or death of such animal unless caused by our fault or negligence.
8. Baggage
   
   1. 8.1 Free Baggage Allowance

      You may carry an amount of baggage, free of charge, subject to our conditions and limitations, which are available on request from our Authorised Agents or us.

   2. 8.2 Excess Baggage

      You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance.

   3. 8.3 Items Unacceptable as Baggage
      1. 8.3.1 You must not include in your Baggage:
         1. 8.3.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations; or
         2. 8.3.1.2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; or
         3. 8.3.1.3. items which are considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable; or
         4. 8.3.1.4. Animals, including birds and reptiles.
      2. 8.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. We may, at our discretion and subject to prior written approval from us, accept firearms and ammunition for hunting and sporting purposes as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 8.3.1.1.
      3. 8.3.3 We may, at our discretion, accept weapons such as antique firearms, swords, knives and similar items as Checked Baggage, but they will not be permitted in the cabin of the aircraft.
      4. 8.3.4 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
      5. 8.3.5 If, despite being prohibited, any items referred to in Articles 8.3.1 to 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items except where such items are carried in the course of carriage to which the Convention applies.
   4. 8.4 Right to Refuse Carriage
      1. 8.4.1 Subject to Articles 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in Article 8.3, and we may refuse further carriage of any such items upon discovery.
      2. 8.4.2 We may refuse to carry as Baggage any item because of its size, shape, weight, contents or character, or for safety or operational reasons, or in the interests of the comfort and convenience of other passengers.
      3. 8.4.3 We may refuse to accept Baggage for carriage unless it is properly packed in suitable containers.
   5. 8.5 Right of Search

      For reasons of safety and security, we may request that you permit a search, X-ray or other type of scan be made of your person and Baggage. If you are not available, your Baggage may be searched in your absence, for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 8.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 8.3.2 or 8.3.3. If you are unwilling to comply with such a request we may refuse to carry you and your Baggage. In the event an X-ray or other scan causes damage or delay to you or your Baggage, we shall not be liable for such damage or delay unless due to our fault or negligence.

   6. 8.6 Checked Baggage
      1. 8.6.1 Upon delivery to us of your Baggage, which you wish to check, we will take custody of, and issue a Baggage Identification Tag for each piece of your Checked Baggage.
      2. 8.6.2 Checked Baggage must have your name affixed to it.
      3. 8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight, we will deliver it to you, unless applicable law requires you to be present for Customs clearance.
   7. 8.7 Unchecked Baggage
      1. 8.7.1 We may specify maximum dimensions for Baggage, which you carry on to the aircraft. If we have not done so, Baggage, which you carry onto the aircraft, must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
         • Only one piece of cabin Baggage is acceptable per person.
         • Maximum size of 55 x 40 x 20 cm -one plastic bag containing Duty Free Goods
         • Weight of cabin Baggage is restricted to 5 kilos
      2. 8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in Article 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
   8. 8.8 Collection and Delivery of Checked Baggage
      1. 8.8.1 You are required to collect your Checked Baggage as soon as it is made available at your place of destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available we may dispose of it without any liability to you.
      2. 8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
      3. 8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
9. Schedules, delays, cancellation of flights
   
   1. 9.1 We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft and/or the services of another carrier. We may also be obliged to change the time of flights, often for reasons beyond our control and consequently times shown in the Ticket, timetables or elsewhere cannot be guaranteed.
   2. 9.2 Our policy on compensation and assistance in the event of delays and cancellations is in accordance with EC Regulation 261/2004, are set out in a notice which we will provide to passengers affected and which will be available from us on request. Except as required by EC Regulation 261/2004, and subject to other applicable laws, where you have purchased your ticket from a Ticket Issuer, our contract is with the Ticket Issuer and we shall not be liable to you in respect of any delayed or cancelled flights, and any such claims should be addressed to the Ticket Issuer.
10. Conduct on board aircraft
    
    1. 10.1 General

       If in our opinion, you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew (including but not limited to those with respect to smoking, alcohol or drug consumption), or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint and diverting the aircraft to the nearest available suitable airport. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft, and we may take proceedings against you for recovery of any costs, expenses and liabilities incurred as a result.

    2. 10.2 Electronic Devices

       For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including but not limited to cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

11. Arrangements for additional services
    
    1. 11.1 Subject to applicable law, if in addition to providing carriage by air, we also agree to make arrangements for the provision of additional services, we shall have no liability to you for such services except for negligence on our part in making such arrangements.
    2. 11.2 If we also provide surface transportation for you, other conditions may apply to such surface transportation.
12. Administrative formalities
    
    1. 12.1 General
       1. 12.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
       2. 12.1.2 We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions
    2. 12.2 Travel Documents

       Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

    3. 12.3 Refusal of Entry

       If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of denied entry will not be refunded by us.

    4. 12.4 Passenger Responsible for Fines, Detention Costs, Etc

       If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

    5. 12.5 Customs Inspection

       If required, you shall attend inspection of your Baggage, by Customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

    6. 12.6 Security Inspection

       You shall submit to any security checks by Governments, airport officials, and other carriers or by us.

    7. 12.7 Personal Data

       You recognise that personal data has been given to us for the purposes of making a reservation, obtaining ancillary services, developing and providing services, facilitating Immigration and entry procedures and making available such data to government agencies, in accordance with applicable law in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, customs, immigration and law enforcement authorities, Ticket Issuers, other carriers or the providers of the above-mentioned services. You agree to hold us and our Authorised Agents harmless in relation to any losses or claims which may arise from transmission or retention of inaccurate data provided by you. If you fail to provide the necessary information prior to your departure, we may be unable to carry you to or through a country that requires the information and we reserve the right to cancel your reservation, without liability.

13. Liability for damage
    

    The liability of Thomas Cook Airlines Limited and of each carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:

    1. 13.1 Applicable rules

       The rules applicable to our liability shall be as provided by:

       • The Convention, to the extent it applies;
       • EC Regulation 2027/97 as amended by EC Regulation 889/2002;
       • EC Regulation 261/2004; and
       • to the extent not inconsistent with the above, applicable national law.
    2. 13.2 Death of or injury to passengers
       1. 13.2.1 There shall be no artificial limit to the amount of our liability for death, wounding or bodily injury suffered by a Passenger in the event of an accident on board the aircraft or in the course of embarking or disembarking.
       2. 13.2.2 For personal injury up to the sum of the equivalent of 113,100 SDRs, we shall not exclude or limit our liability.
       3. 13.2.3 Above the level of 113,100 SDRs we can defend ourselves if we prove that the Damage was not due to the negligence or other wrongful act or omission of us or our servants or agents, or that the Damage was solely due to the negligence or other wrongful act or omission of a third party.
       4. 13.2.4 Notwithstanding the provisions of Article 13.2.2, if we prove that the Damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased Passenger or of the person claiming compensation, we may be exonerated wholly or partly from our liability in accordance with applicable laws.
       5. 13.2.5 We shall, without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered. Such payment shall be of an amount not less than the equivalent of 16,000 SDRs per Passenger in the event of death.
       6. 13.2.6 An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 13.2.4 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the Damage by negligence or was not the person entitled to compensation.
       7. 13.2.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
    3. 13.3 Baggage

       Except in the case of an act or omission by us or our agents done with intent to cause damage or recklessly and with knowledge that Damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment, our liability in the case of Damage or delay to Checked or Unchecked Baggage shall be limited to 1,131 SDRs per Passenger unless you make a special declaration at check-in and pay any requisite fee, in which event our liability shall be limited to the higher declared value, provided that if in accordance with applicable laws different limits of liability are applicable, such different limits shall apply.

       1. 13.3.1 We will not be liable for any Damage to Unchecked Baggage unless such Damage is caused by our negligence or the negligence of our agents.
       2. 13.3.2 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
       3. 13.3.3 We are not liable for Damage to Checked or Unchecked Baggage caused by delay if we prove that we and our servants and agents took all reasonable measures to avoid the Damage or that it was impossible to take such measures.
       4. 13.3.4 Except in the case of Checked Baggage carried in the course of carriage to which the Convention applies, we shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
    4. 13.4 Passenger Delays
       1. 13.4.1 We will be liable for Damage occasioned by delay in the carriage of persons by air unless we prove that we and our servants and agents took all measures that could reasonably be required to avoid the Damage or that it was impossible to take such measures. Our liability for passenger delay .is limited to 4,694 SDRs per passenger,
       2. 13.4.2 The limits of liability stated in Article 13.4.1 shall not apply if you prove that the Damage resulted from an act or omission of us, our servants or agents (acting within the scope of their employment), done with intent to cause damage or recklessly and with knowledge that damage would probably result.
    5. 13.5 General
       1. 13.5.1 We are not liable for any Damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.
       2. 13.5.2 Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable laws, we shall be liable to you only for recoverable compensatory damages for proven losses.
       3. 13.5.3 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
       4. 13.5.4 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
       5. 13.5.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.
14. Time limitation on claims and actions
    1. 14.1 Notice of Claims
       1. 14.1.1 Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage unless you prove otherwise.
       2. 14.1.2 If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest within seven (7) Days of receipt of Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty one (21) Days from the date the Baggage has been placed at Your disposal. Every such notification must be made in writing.
    2. 14.2 Limitation of Actions

       Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

15. Modification and waiver

    None of our Authorised Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these conditions of carriage.

Thomas Cook Airlines Customer Commitment

Thomas Cook Airlines intends to ensure that your air travel experience will encompass, to the best of our abilities, the most comprehensive customer service possible. We have outlined our responsibilities and how we will fulfill them in 11-key points, known as our Thomas Cook Airline Customer Commitment.

Note: The Thomas Cook Airline Customer Commitment applies to a continuous Thomas Cook Airline flight journey in the same aircraft or with one flight number that begins or ends at a U.S. airport.

1. Supplementary notes to the fares offered on www.flythomascook.com, telephone reservation system and Thomas Cook Airline airport ticket counters

Thomas Cook Airline explicitly declares that fares offered via www.flythomascook.com, may be lower than those offered via telephone reservations or for sale at the Thomas Cook Airline airport ticket counter.

2. Notifying consumers of known delays, cancellations and diversions

Thomas Cook Airline will provide full and timely information on the status of known delays, cancellations and diversions. Therefore Thomas Cook Airline provides real-time flight status information notification:

• Via our website at www.flythomascook.com – flight info – travel preparation – departure & arrival or copy the following Link into your browser: Manage Booking.
• By contacting you about cancellations when the event is known in advance of departure. In order to do so, please ensure that your personal contact data is entered accurately at www.flythomascook.com, especially email address and phone number.
• Notifications can only be sent directly to you when your booking is made via www.flythomascook.com, a Thomas Cook Airline ticket counter or Thomas Cook Airline reservation hotline. In case of a tour operator or travel agency booking, Thomas Cook Airline is providing the information about delays, cancellation notice and diversions to these service partners and it remains their responsibility to notify the passengers accordingly.

3. Delivering baggage on time

It is our intention to deliver your baggage on time. However, in the event that this does not occur, we will strive to return your delayed baggage within 24 hours by making every reasonable effort. Notify a “lost and found” employee at the airport upon arrival if you cannot locate your baggage in order to complete a Property Irregularity Report (PIR).

• We will attempt to contact owners of unclaimed baggage when a name and address or telephone number is found on the baggage.
• In case of baggage irregularities you may also proceed to the www.flythomascook.com website, to – flight info – baggage – baggage irregularities in order to find specific information about what to do next.Baggage Information. For status updates to a delayed baggage report, please contact 0044 161 850 0136.

4. Allowing reservations to be cancelled without penalty for a defined amount of time

General information about refund policies of Thomas Cook Airline tickets and tariffs are provided

• Via our customer service phone
  USA & Canada
  1-866-960-7915**
  free of charge
  ** For hearing and speech impaired customers please dial 711 or use the toll free number for the voice relay in your state.
  
  From all other countries
  +49 (0) 180 5 707202
  0.14 €/Minute*
  *when calling from a German land line. Rates, when calling from a mobile phone, will vary depending on the provider.
• Via www.flythomascook.com – terms & conditions – cancellation fees

Individual information about your Thomas Cook Airline tickets and booked fares are provided

• Via our customer service phone
  USA & Canada
  1-866-960-7915**
  free of charge
  ** For hearing and speech impaired customers please dial 711 or use the toll free number for the voice relay in your state.
  
  From all other countries
  +49 (0) 180 5 707202
  0.14 €/Minute*
  *when calling from a German land line. Rates, when calling from a mobile phone, will vary depending on the provider.
• Via your email confirmation when an email address was provided while booking via your travel agency or via www.flythomascook.com. The email confirmation received by you contains the name/details of your booked fare. All applicable cancellation fees for your fare are stated in detail at www.flythomascook.com under – terms & conditions – cancellation fees

Thomas Cook Airline strives to provide the highest level of service standards. As part of this goal, even in the event of the purchase of a non-refundable ticket, Thomas Cook Airline will give you time to reconsider your flight purchase. Only for travel from/to the United States, you may cancel and refund your ticket within 24 hours after purchase, i.e. if purchased at 2 p.m on Monday, it may be cancelled until 2 p.m. on Tuesday. If your reservation is made one week or less prior to its flight departure, a cancellation within 24 hours or later after purchase is still possible considering the conditions of cancellation/refund of your ticket.

5. Providing prompt ticket refunds

Thomas Cook Airline will issue prompt refunds for eligible international tickets within 20 business days when original payment was made by check or within 7 business days when original payment was cash or by credit card of receipt of the required information. Please note:

• Thomas Cook Airline sells only electronic tickets, regardless if sold sales through www.flythomascook.com, a travel agency or the customer service hotline.
• Refunds for all electronic tickets may be requested by calling our reservation sales team available 24 hours a day / 7 days a week
  
  USA & Canada
  1-866-960-7915**
  free of charge
  ** For hearing and speech impaired customers please dial 711 or use the toll free number for the voice relay in your state.
  
  From all other countries
  +49 (0) 180 5 707202
  0.14 €/Minute*
  *when calling from a German land line. Rates, when calling from a mobile phone, will vary depending on the provider.

For questions on how to apply for a refund or check status on a refund request please email to reservation.en@condor.com.

6. Properly accommodating passengers with disabilities and other special needs during tarmac delays

Thomas Cook Airline offers customers with a disability and passengers with restricted mobility, a high level of support at the relevant airports and during flights, including:

• Transportation to, from, and between gates, either by wheelchair or electric cart
• Boarding assistance
• Consideration of your needs during extended tarmac delays

Please refer to the following link, if you wish to learn more about barrier free travel on Thomas Cook Airline: www.condor.com/us/flight-info/travel-preparation/barrier-free-travel.jsp.

We do not release unaccompanied minors (UM) to anyone other than the person you have designated. For further information for parents wishing to let their child travel without being accompanied by an adult, please contact

USA & Canada
1-866-960-7915**
free of charge
**For hearing and speech impaired customers please dial 711 or use the toll free number for the voice relay in your state.

From all other countries
+49 (0) 180 5 707202
0.14 €/Minute*
*when calling from a German land line. Rates, when calling from a mobile phone, will vary depending on the provider.

7. Meeting customers' essential needs during lengthy tarmac delays

In the unlikely event of a long delay while you are on board an aircraft that is on the tarmac, Thomas Cook Airline will cater to your essential needs. We will provide full and timely information regarding the status of the flight, services mitigating the hardships of passengers during such a delay such as a snack service, potable water, operable lavatory facilities and access to medical treatment, if safety and security conditions allow.

For more information, please follow this link Contingency Plan for Lengthy Tarmac Delays at U.S. Airports

8. Handling passengers with fairness and consistency in the case of oversales

In the unlikely event of an oversold situation, our policies and procedures for treating you in a fair and consistent way include:

• Notifying you of required check-in times through our web-site and our reservations phone line.
• If your flight is in an oversold situation, you will not be denied a seat until we first ask for volunteers willing to give up their confirmed seats in exchange for compensation (in an amount determined by Thomas Cook Airline) and travel on a later, specified flight. If there are not enough volunteers, we will deny boarding to passengers in accordance with our company policy on denied boarding priority.
• Offering a travel voucher if you voluntarily give up your seat. The value of a voucher is equal to or greater than the cash/check amount otherwise due including any fees associated with using the voucher. As material restriction (e.g. blackout dates) may apply, we will inform you about the terms & conditions before you accept to take the voucher.
• Explaining our obligations and the compensation you will receive if you are involuntarily denied boarding.
• We will strive to provide accommodations on another airline.
• Providing meals, refreshments and short phone calls. Thomas Cook Airline will provide hotel accommodations if you were involuntarily denied boarding while away from you home and no alternative flight is available within a reasonable period of time.

9. Disclosing travel itinerary and other policies that affect your travel

Thomas Cook Airline will provide you with complete information about policies and procedures that affect your travel, including:

• Providing information concerning the important terms and conditions applicable to your travel. Our entire Contract of Carriage is easily accessible on www.flythomascook.com.
• Providing the name of your booked fare in your travel itinerary in order to make it easy for you to assign/match the name of your fare to the complete rebooking/cancellation policies within the terms and conditions of our Contract of carriage.
• Attached you will find also the direct link to our Conditions of carriage for your convenience: http://www.condor.com/us/help-contact/terms-and-conditions.jsp.

Thomas Cook Airline participates in the Lufthansa “Miles and More” program. Miles cannot be cashed and/or converted via Thomas Cook Airline booking facilities such as www.flythomascook.com or Thomas Cook Airline phone hotline.

• Terms and conditions of the “Miles and More program” are accessible by contacting the Lufthansa Miles & More Service Team: +49 (0) 180 55959 (0.14 €/min. from a German landline, different rates by mobile phone).
• Thomas Cook Airline provides aircraft configuration via www.flythomascook.com – company – our fleet. The configuration display includes information about seat width, pitch ranges and the location of washrooms. For your own convenience please copy the following link into your browser in order to get direct access: www.condor.com/us/the-company/our-fleet.jsp

10. Ensuring responsiveness to customer complaints

We will acknowledge receipt of written customer complaints within 30 days of their receipt and we will send a substantive response within 60 days of receiving the complaint. For information about filing a complaint, check information on www.flythomascook.com – contact –.

11. Complaint management

Reflecting on this service plan and its 11-key points, Thomas Cook Airline ensures excellent quality and a dedicated commitment to customer service. In case of complaints please take notice of the following options:

• Before leaving the airport arrival area, customers MUST obtain from the airline handling agent a Property Irregularity Report (PIR) or computer generated receipt.
• For a complaint, luggage loss or damage please contact us per email or in writing per mail:

Thomas Cook Airlines UK
Luggage Loss Adjusters
2-4 College Road
Ardingley
Haywards Heath
West Sussex
RH17 6TT
For any updates on missing baggage (once it has been reported) +44 161 850 0136.

• The more information you provide the faster we can assist you. Please make sure to include the following information:
• Ticket receipts and boarding passes
• Dates of travel, routing, and flight number
• Airport reference Number and baggage tag number for reimbursement requests for baggage related issues.
• You can also reach us at 1-866-960-7915* available 24 hours a day – please make sure to provide above mentioned information when prompted.

Department of Transportation contact information

• If you wish to contact the US Department of Transportation regarding your air travel complaint, you may submit your complaint to:

U.S. Dept. of Transportation
Aviation Consumer Protection Division, C-75
1200 New Jersey Ave., S.E.
Washington, D.C. 20590
http://airconsumer.dot.gov

* For hearing and speech impaired customers please dial 711 or use the toll free number for the voice relay in your state.

Thomas Cook Airlines - Flight Services - Terms & Conditions

The pre-bookable flight services shown on this site are subject to the following terms and conditions. These conditions apply, along with the Conditions of Carriage of Thomas Cook Airlines Ltd ("Thomas Cook Airlines").

1. Booking of Services

   Some of these services can be booked and paid for through your tour operator or travel agent, or can be booked and paid for directly with us. In all cases the purchase of any services will update your booking with your travel provider. All services are subject to availability. If any details are incorrect on your purchase confirmation or have changed since you made your order with us, including a name change or a date change, you must contact us to correct the errors.

   Confirmation of your purchase should be carried with you on your flight as you may be asked to present it at check-in or to the cabin crew. Please note that airline tickets and/or tour operators' invoices will not show any pre-booked seat numbers, meals, extra luggage allowances, etc, if these are booked directly with Thomas Cook Airlines, on the website or over the phone.

2. The Services

   Where we refer to Pre-Bookable Flight Services in these conditions, the services include the following. Please note important information about each service type:

   Extra Leg Room Seats - customers occupying these seats must be at least 16 years old and warrant that they are physically fit and fully mobile, not suffer from any neck, back or leg problems, must not be pregnant or require an extension seatbelt. They must be willing and able to assist the cabin crew in the event of an emergency and comply with the Thomas Cook Airlines Conditions of Carriage and any requirements of the Civil Aviation Authority. The final decision regarding the suitability of the customer to occupy the seat with additional legroom rests with the check-in staff and the operating crew on the day of the flight, and maybe withdrawn at any time if the individual does not appear, in their opinion, to fulfil the above criteria.

   Choose Your Seat - this service allows you to request your seat numbers. Depending on whether you book your flight through us or another tour operator or travel agent will determine how far in advance you can select a seat number. In all cases there are restrictions on how far in advance of departure you can select your seat number as access to the seat selection service will close in advance of the departure date. For specific information on cut off times for making your selection, please visit the 'Help' section of this Flythomascook.com website regularly for details or check with your tour operator. Occasionally seat numbers cannot be provided as selected by you - please see the sections numbered 3 and 4 below for more details.

   Internet Check-In - by purchasing Choose Your Seat, you will entitled to free internet check-in from the UK. This allows you to check-in online and print your boarding card to enable you to head straight for the bag drop off desk at the departure airport. The service is only available on outbound Thomas Cook Airlines flights from the UK to most destinations (some destinations are excluded, please see our website for latest information). Internet check-in is only available to use during a specified time period before your departure date. Please check the 'Help' section of the Flythomascook.com website for the days in which this service is available to use. Once you have checked-in, it is not possible to make changes to your seat selections or other services you may have booked. If an amendment is made to your flight booking after you have checked-in online, you will be required to repeat the on-line check-in process.

   Dietary Requirements - the Airline will try to provide for customers' dietary requirements, but cannot guarantee delivery of these services. They will endeavour to provide an alternative meal option wherever possible.

   Sports Items & Golf Clubs - can be pre-booked and paid for carriage in the aircraft hold, subject to availability. You must ensure these are packed in a suitable travel bag. A weight restriction of 15kg (approximately 1/2 set of clubs) applies for each set of Golf Clubs and a weight restriction of 10kgs applies to Diving Equipment. For weight restrictions of other sports items, please check our website.

3. Changes Made By Thomas Cook Airlines To Pre-Booked Flight Services Before You Travel

   The Thomas Cook Airlines flying programme is subject to change. Occasionally it is necessary to reschedule flights, change aircraft types or even cancel flights on which you have pre-booked flight services with us.

   If the Airline changes your flight (includin a change of aircraft type which may not be obvious to you from the booking information we provide, or a change of flight number, or if we change your booking in some other way which results in us giving you a new booking reference number), wherever possible, you will be invited to re-select your seat choices on our website, subject to availability. If your preferred choices are not available, please ask us about a refund.

   If your flight is cancelled and you do not accept an alternative flight offered, or your flight is changed from Thomas Cook Airlines to another carrier, you will be entitled to a refund of any services you have booked. If you paid for the services through your tour operator or travel agent, you should automatically receive a refund, subject to their terms and conditions. If you paid for the services directly with Thomas Cook Airlines, you should contact us and request a refund which we will aim to process for you within 28 days. (See the 'Contact Us' section for more information).

4. Changes Made By Thomas Cook Airlines To Pre-Booked Flight Services On The Day Of Travel

   Occasionally Thomas Cook Airlines has to make changes to its aircraft or use alternative air carriers on the day of departure that can result in withdrawal or changes to pre-booked flight services.

   In the event you are advised at check-in or onboard the aircraft of a change or withdrawal of a service, or part of a service you have paid for, you will be entitled to a refund. However, please note that when assessing any claim for a refund, the Airline will take into account the following:

   1. The price you have paid for the service;
   2. Whether or not you have received some benefit from the service (such as seats together but not your chosen seat numbers);
   3. Whether you have been allocated seats in the same position (e.g. in your choice of window, middle, aisle seats);
   4. Whether you have been allocated seats in a row within a reasonable distance of your original selection.
   5. Whether the service was not provided for each part of your journey or just the outbound or inbound flight.

   Depending on the above factors, any refund the Airline may pay will be calculated as a proportion of the price you have paid for the service. Please see the section 'Contact Flythomascook.com' below for details on how to apply for a refund.

5. Luggage Allowance & Charges

   If pre-paid extra luggage allowance has been purchased and this allowance is exceeded, the additional excess will be payable at the standard check-in rate. If pre-paid extra luggage has been purchased and not used, no refund will be given.

6. Priority Check-In

   If your tour operator has included priority check-in at the airport as part of your holiday package, or you have paid extra for this service, you are invited to use the Airline's dedicated priority check-in desk at Gatwick or Manchester. Occasionally the dedicated desk may be changed or withdrawn at short notice due to operational reasons.

7. If You Change Your Flight

   If you make a change to your flight arrangements an administrative fee may be applicable to change any services you have booked to coincide with your flight. This will be notified to you when making the change with Flythomascook.com.

   If you do change your flight arrangements, please remember to follow the procedures listed below:-

   1. For any pre-booked services i.e. extra leg room seats, champagne, toys, etc., please contact Flythomascook.com immediately, as your reservation will not be transferred to your new flight automatically. Please e-mail your old and new details to tchdpretraveladmin@thomascook.com
   2. If you have paid for "Choose Your Seat", and your amendment does not involve a change to your tour operator's booking reference, please revisit the Thomas Cook Airines website and check your seat selections as you may need to make your selection again.
   3. If you have paid for "Choose Your Seat", and you have a different tour operators booking reference following an amendment, then please e-mail your old and new details to tchdpretraveladmin@thomascook.com. We will reserve, subject to availability, your seats on your new flight. If the same seat numbers are not available, we will reserve seats as close as possible to your previous selection.
8. If You Cancel Your Flight

   If you elect to cancel your holiday/flight and therefore do not use the pre-booked services you have paid for, the following cancellation charges apply, depending upon how the service was booked:

   • If you booked a service through a tour operator or travel agent, their terms and conditions will apply which you should refer to.
   • If you booked a service directly with us a 100% cancellation charge applies regardless of the period of notification.
9. Contact Us

   If you need to contact us about pre-bookable flight services, the following information will help you.

   Booking Services - If you would prefer to contact a member of our team to book any services, you can e-mail us on tchdpretraveladmin@thomascook.com, or call 0844 855 0515. Calls cost 5.2p per minute from a BT landline (other networks may vary). Please note, a telephone booking/e-mail booking fee of £10 will apply if this service was available to book online.

   Refunds Before You Travel - if you are eligible for a refund, subject to the terms and conditions detailed above, please e-mail us at tchdpretraveladmin@thomascook.com with your booking reference and the reason for your request for a refund and we will aim to respond in 28 days.

   Refunds After Travel (Thomas Cook Tour Operations customers, including Sunset, Manos, Airtours, Direct Holidays, Neilson and Club 18-30) - To apply for a refund, please request a Customer Recovery Card from the airport ticket collection desk or cabin crew and give this to your overseas representative. They will consider a refund or part refund according to our refund guidelines. Alternatively, please contact our Customer Relations team at www.thomascook.com/customer-relations providing us with your boarding card, and a copy of your purchase confirmation showing your booked flight seats - failure to provide these documents may prevent a refund being issued.

   Refunds After Travel (all other passengers) - please contact the Customer Relations team at www.thomascook.com/customer-relations providing them with a copy of your boarding card, and a copy of your purchase confirmation showing your booked flight seats and they will assess your claim for a refund and aim to respond within 28 days. Alternatively, you can contact them by post at:

   • Customer Relations
   • Flythomascook.com
   • 2-4 Godwin Street
   • Bradford
   • BD1 2ST

US SECURE and API - TERMS AND CONDITIONS

DISCLAIMER

For security reasons the US, most EU States, and other countries now require airlines to provide details about their passengers before they travel. This is known as Advanced Passenger Information (API). API is designed to enhance border security by providing Border Control Agencies with pre-arrival and departure manifest data on all passengers.

The Advanced Passenger Information Thomas Cook Airlines collects from you includes your passport details and for customers travelling to the USA, the 1st nights address in the USA. It is important that the information provided is accurate so you pass through check-in at your departure airport and Immigration on arrival in the USA without delay.

Thomas Cook Airlines strongly recommends that you provide the Advanced Passenger Information no later than 7 days before departure. (If you have booked within 7 days of departure your details will be collected at check-in).

All information provided by you, or on your behalf by a designated third party, must be true and correct. Thomas Cook Airlines will not be responsible for any refunds or costs you incur if you are denied boarding due to your failure to provide Advanced Passenger Information on our website or the information you provide is inaccurate.

Accurate completion of the Advanced Passenger Information (along with satisfying all other entry requirements such as holding any required visa and valid passport) establishes that you are eligible to travel, but does not establish that you are admissible at the port of entry at your destination. Upon arrival at your destination, you will be inspected by a Customs and Border Protection officer at a port of entry who may determine that you are inadmissible for any reason under the laws of the country you are visiting.

Carriage of Sporting Equipment

Bikes

All bikes must be presented for check-in with the front wheel removed, the handlebars turned in line with the frame, the pedals either removed or turned inwards. Bikes should be packed in a cardboard box or have some protection against being damaged or damaging other baggage. We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Canoes

All canoes must be packed securely to provide protection from being damaged. We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Scuba Equipment

10kg of scuba diving equipment can be carried, if this is exceeded excess baggage charges apply. Air cylinders must be emptied and valves set to open. The regulator may remain attached; however, it is recommended that this be removed before travelling. All diving equipment must be packed securely to provide protection from being damaged. We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Surfboards

All surfboards must be packed securely to provide protection from being damaged. We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Golf Clubs

All golf clubs must be packed securely to provide protection from being damaged. We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Hand Gliders

All hang gliders must be packed securely to provide protection from being damaged. Maximum length of 12ft (144 inches) or 3.65metres.We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Kite Boards

All kite boards must be packed securely to provide protection from being damaged.We recommend that passengers have insurance cover for the replacement value of all sports equipment.

Wind Surf Boards

All windsurfs must be packed in their standard carrying bag and the mast must be securely attached. The fin must be removed and boards of a honeycomb construction must have the drain plug(s) removed. We recommend that passengers have insurance cover for the replacement value of all sports equipment.