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Terms and Conditions

Booking Conditions

All holidays are operated by Fly Drive USA Limited (the Company) and are sold subject to the following conditions which comply with the Tour Operator's Code of Conduct drawn up by the Association of British Travel Agents (ABTA) and approved by the Office of Fair Trading.

Please read the conditions carefully. You accept these conditions on behalf of all members of your party and act as their agent throughout. No variations shall be valid unless agreed and confirmed in writing.

Making a booking and payment:

1. A deposit of £100 per person is required if flights are included in your booking. The deposit is 25% of the accommodation / land arrangements price if flights are not required. (The full price must be paid if the departure date is within 8 weeks). No booking will be confirmed until the required deposit has been received by the Company. An additional deposit may be required for other travel arrangements which have a high cancellation penalty, for example villas, cruises, coach/rail tours and specially created holidays. You will be advised at the time of booking if a higher deposit is required. Certain air fares may require full payment at the time of booking.
Your booking is confirmed when we dispatch our written confirmation invoice and the contract between you and us comes into existence when we issue that invoice.

2. The invoiced balance must be paid by the specified date (normally 8 weeks) before your departure date. If it is not, we may cancel the holiday booked, retain the deposit and apply cancellation charges.

Prices:

3. We reserve the right to change our prices at any time before you book. At the time of booking your holiday we will quote the latest price based on prevailing air fares and exchange rates. Because we take the risk inherent in adverse exchange rate fluctuations we make no refunds or price reductions if fluctuations are favourable.
Scheduled airlines reserve the right to increase prices at any time and the air fares, airport taxes and airport service charges shown on our confirmation invoice will only be guaranteed once full payment is received and your flight ticket has been issued.
Once you have booked and paid your deposit or full payment, the price of your holiday, other than scheduled flight arrangements as specified above, will not be subject to surcharges unless caused by the action of any government (such as the imposition of or increase in VAT, passenger service fees, airport fees and taxes). Even in this case, we will absorb 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying an increase of more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice by written notification to us from you or your travel agent. Any cancellation will apply to all members of your party.
If consumer levies are introduced to fund additional financial protection for consumers any such levy we are required to make in respect of your booking will be invoiced to you as a separate item and will not be subject to the surcharge guarantee.

Changes by you:

4. If, after issue of our confirmation invoice, you wish to change any aspect of your holiday we will endeavour to arrange accordingly provided we receive notification in writing at least 14 days before the departure date plus minimum payment of (a) any additional charge payable for the change itself; (b) £30 per booking for administrative costs and (c) any charges imposed by the applicable airline or accommodation provider.
Airlines treat a name change as a cancellation of the original passenger, requiring applicable penalties to be applied, and the replacement passenger to be booked at the prevailing air fare.
Alterations cannot be made within 14 days of the departure date; any request to change received during that period will be treated as a cancellation of the booking and means we retain the deposit and apply the cancellation charges.

Cancellation by you:

5. The booking can be cancelled by written notification to us. Such cancellation applies to all of your party unless otherwise stated. Any other member of your party may cancel for himself/herself alone by giving us written notification. Upon cancellation we retain the deposit relating to the person(s) whose holiday has been cancelled and apply cancellation charges.

Period before departure within which cancellation notice is received:	Amount of cancellation fee shown as a percentage of holiday cost excluding insurance premium:

More than 42 days	Deposit
42 - 29 days	30%
28-15 days	45%
14 - 7 days	75%
Less than 7 days	100%

The departure date is excluded when calculating the relevant period.

Important note: Additionally, you may incur further charges on cancellation, e.g. because certain travel arrangements, such as those with Instant Purchase flight tickets which cannot be changed after the original reservation has been made and a 100% cancellation charge may apply and/or because, for example, cancellation by only one member of your party may mean that a single holidaymaker's supplement becomes payable in respect of another member of the party.
Higher cancellation charges will normally apply to other travel arrangements such as villas, cruises, coach/rail tours and specially created holidays. It is usually possible for you to insure against cancellation charges if cancellation arises from medical or similar reason: see paragraph 11.

Changes by the Company:

6. Changes to your holiday may be necessary and we reserve the right to make these at any time. Most changes are minor and we will advise you or your travel agent as soon as possible. Flight details are subject to change by the airlines.
If the time of your outward or return transatlantic flight is changed by more than 12 hours, that is a major change. When a major change occurs then (provided it does not arise from force majeure) you may (a) accept the change of arrangements or (b) take another available holiday from us or (c) cancel your holiday and receive a full refund plus compensation.
You must inform us of your decision as soon as possible. Such decision must be on behalf of all members of your party. The compensation payable per adult on cancellation is:

Period before departure within which a major change is notified:	Compensation per adult*:

More than 43 days	Nil
29 - 42 dayss	£15
15 - 28 days	£20
Less than 15 days	£25

* Compensation will be paid on a pro-rata basis for children invoiced at a reduced price.

The note in paragraph 5 applies to this paragraph.
Important note: Compensation will not be payable in addition to our fully refunding all payments received if we are forced to cancel or in any way change your holiday due to war, terrorist activity, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions or the threat of any of the foregoing or to other circumstances amounting to force majeure.

Cancellation by the Company:

7. Additionally, we reserve the right in any circumstances to cancel your holiday. Many holidays operate subject to a minimum number of participants. In no case will we cancel your holiday less than 21 days before the booked departure date except for reasons of force majeure or non-payment by due date of all sums invoiced for your booking. If we cancel your holiday 21 days before the departure date or for reason of force majeure later than that you may (a) take another available holiday from us or (b) receive a full refund of all payments made to us plus (provided cancellation does not arise from force majeure) compensation in accordance with paragraph 6. You must inform us of your decision as soon as possible and such decision must be on behalf of all members of your party.

8. If you have a problem during your holiday with the arrangements you have booked with us, immediately inform the relevant supplier (airline, hotel, car hire firm, etc.). If we engage a resort representative inform him/her instead. If the problem is not resolved, you must (i) immediately put any complaint in writing and hand or post it to the relevant supplier (or any resort representative) and (ii) within 30 days of returning to the UK send us a detailed written complaint.
If the supplier/resort representative requires a report form you must complete and return it promptly. If we require further information you must supply that promptly in writing. This simple procedure must be followed, as both supplier and we must be able promptly to investigate the problem and to rectify it if possible. Your failure to comply with this procedure means we cannot accept responsibility.
Disputes in connection with your contract which cannot be settled amicably may (if you wish) be referred to arbitration under a special scheme arranged by the Association of British Travel Agents (ABTA) and administered independently by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. It does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form. Neither does it apply to claims solely or mainly 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 £1,000 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 Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees. Full details will be provided on request or can be obtained from the ABTA website.

The Company's responsibility:

9.  We accept responsibility for ensuring that the holiday you book with us is supplied as described in our website/brochure and that the services offered are of a reasonable standard. If any part of the package is not provided as promised and if this fact has understandably adversely affected the enjoyment of your holiday, we will pay you appropriate compensation. We also accept responsibility for the acts and omissions of ourselves and our employees, suppliers and agents.
The previous part of this paragraph does not apply to death, injury or illness caused by any negligent act or omission by us, our employees, suppliers, agents or sub-contractors or their employees or agents while acting within the scope of their employment in the provision of your holiday so far as the same has been booked with us (i.e., not so far as it is the subject of any separate or additional arrangement made direct with any of our suppliers or any sub-contractors or their respective employees or agents in providing additional or different services or goods pursuant to an arrangement to which we are not a party). In the case of death, injury or illness which occurs as mentioned, we will pay you and/or the relevant member/s of your party compensation payable under English law in such circumstances.
Further, in respect of carriage by air, sea and rail and the provision of accommodation, our liability will be limited as provided by the relevant international convention.

10.  If you or any member of your party suffers death, illness or injury while outside the UK which arises in circumstances not covered by paragraph 10, we may at our discretion offer advice and assistance to help resolve any claim there may be against a third party. If you wish to avail yourself of this service, you must advise us of full details in writing within 90 days of the occurrence. If legal action is contemplated we reserve the right to nominate the lawyers to act and our written authority must be obtained before any proceedings are started. You must provide a written undertaking to us from yourself and/or the relevant member/s of your party to assign to us any costs recovered and any benefits received in respect of such claim under any insurance policy. We will have no liability for advice or assistance we provide. The maximum cost to be borne by us in respect of you and your party is £5,000.

11.  You should insure yourself and your party against cancellation charges, medical expenses arising abroad, loss of luggage and money and personal liability at least to the same extent as afforded by either insurance cover we can provide as described in our brochure or your travel agent can provide. We strongly recommend you insure through us.
However, you are free to make arrangements for yourself and your party for comparable cover or to decide not to insure. In accepting these booking conditions you contract with us on behalf of yourself and each adult member of your party that, if you do not insure as recommended by this paragraph, you and each adult member of your party absolve us from all expense and loss you, they, any member of your party under 18, we or any third party may suffer from anything which arises to the extent that an indemnity or reimbursement would have been afforded if you had arranged insurance.

12.  In relation to all flights, the carrier's conditions of carriage apply to you and your party. Some of these conditions limit the carrier's and thus our liability. All car hire and motorhome rental is subject to the terms of business and pricing procedures of the rental company.

Jurisdiction:

13. All the above conditions and everything stated in our current brochures and websites are incorporated in the contract between you and us, which is governed by the law of England.
If there is any conflict between the wording of these conditions and the current provisions of English statutory laws, the latter shall prevail, i.e., these conditions do not reduce your statutory rights. Both parties including all members of your party will submit to the jurisdiction of the English courts at all times unless you choose the private arbitration scheme where relevant. Time is of essence of these conditions.

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Car Rental Terms, Conditions and further information

Our prices include unlimited mileage within the State of Florida; one-way rentals within Florida at no extra cost; Loss Damage Waiver, Supplemental Liability and Uninsured Motorist Protection insurances; Florida Road Surcharge; Airport Access charges; one additional named spouse driver and all related local sales taxes.

Inclusion of car rental in our programmes is subject to the conditions listed here:

Changes:

Changes in car rental arrangements may not be made within fourteen days of departure; changes made more than 14 days prior to departure will be subject to administrative charges as specified in our booking conditions.

Licence Requirements:

At the time of collecting the vehicle, each driver must be in possession of a valid driving licence issued by their country of residence. An international driver's permit on its own is not acceptable but is required if you have a foreign language (not British) licence. It is the responsibility of the renter/driver to observe all local traffic laws.

Collection of Car:

Cars are available from locations serving Miami, Orlando International, Sanford, Tampa, Fort Lauderdale, St.Petersburg/Clearwater and Daytona Beach, airports. Cars may also be pre-booked from the tourist area location on US192 in Kissimmee.

Deposit:

Your credit card, which must be in the name of the renter, will be debited for any incidental charges at the time of rental. Alternatively, a minimum cash deposit of $200 per car, per week will be required as security.

Minimum Age:

The minimum age for drivers is 19 years. This applies to vehicle groups ranging from compact cars to seven seat vans but an additional cost of $19.95 per day, payable locally, applies to any person aged 19 or 20 whether the main or additional driver.
The minimum age for drivers of eight to fifteen seat vans is 21 years. An additional charge of $19.95 per day, payable locally, does however apply to any person aged 21 to 24 whether the main or additional driver.

Additional Drivers:

The renter and, additionally, their spouse can be name drivers on the rental agreement. Further additional and licensed drivers are permitted at an extra charge of $4.50 per driver and rental day.
It will often be advantageous to pre-book using 'Plus' rates. The supplement will range between £3 and £8, dependent on vehicle, but will then allow not only any passenger in the vehicle to be named on the rental agreement but also includes the first full tank of gas/petrol.

Seat Belts:

It is compulsory in North America for the driver and all passengers to wear seat belts.

Child / Infant Seats:

Children younger than five years of age are required by law to be transported in approved child restraint seats. These must be requested at the time of booking and the cost, payable direct to the car rental company, is currently US$4.99 per day; a refundable deposit of $50 is also required.

Fuel Charges:

All fuel costs are payable by the renter. The vehicle is supplied full and the renter should return the car as empty as possible as there can be no credit for unused fuel at the end of the rental. Customers choosing the 'Plus' option refered to under 'Additional Drivers' will leave the rental station with a full tank of fuel included in their rental cost.

Driving Areas and One Way Rentals:

All rentals include unlimited mileage.
Vehicles may be collected in one Florida location and returned to another without extra cost.
Vehicles must only be driven on paved roads in order that Collision Damage Waiver and liability insurance may not be automatically void.
Customers may take their rental vehicle outside of the State of Florida with prior notification. Mileage will be restricted and it must be understood that 24/7 emergency service from this Florida based rental company mwy necessarily be limited.

Third Party Liability:

Rather than the $20,000 statutory minimum cover required by the State of Florida, our rates include extended or supplemental liability cover of up to $1,000,000.

Loss Damage Waiver/LDW (also known as CDW):

This additional insurance, often at extra cost elsewhere, is already included in our prices.

Sales Taxes and Airport Fees:

These are included in our rental rates but the various optional extra charges, described earlier as payable locally, will be subject to taxes at the local rates.

Personal Protection:

At the time of renting you may be offered optional insurance which provides emergency medical care and transportation for the renter and authorised drivers in case of an accident and protection of personal possessions against theft, loss or damage. The cost is currently S5.99 per day, payable locally to the car rental company. If you have taken out travel insurance you may consider you already have adequate cover.

Commercial Use:

Vehicles may not be rented for commercial purposes beyond as transportation of a visiting business traveller; their colleagues and customers and their personal effects. Use of a vehicle for the delivery of goods; as a transfer vehicle or similar commercial activities will automatically void all insurance and waiver coverages.

All terms and conditions are subject to change without notice to comply with or reflect changes in legislation or regulations or other external factors.

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Privacy Statement

Data Protection:

To process your booking and ensure your travel arrangements run smoothly we (and your travel agent) need to use the information you provide.

We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such s airlines, hotels, transportation companies, etc. The information may also be provided to public authorities such as customs/immigration if required by them or as required by law.

Additionally, where your holiday is outside the European Economic Area (EEA) controls on data protection may not be as strong as the legal requirements in this country. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information you give us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot process your booking. In making a booking with us you consent such information being passed to the relevant persons.

We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future, simply email us at unsubscribe@holiday-america.net

Links to other websites:

On our website we provide links to other websites for your convenience and information. These sites may have different security and privacy policies and we have no control over and take no responsibility for any information submitted to these sites.