By accessing, browsing or otherwise using our website www.mdgroup.com (“our Website”) and using our mobile apps (the “Apps”) you agree to be bound by these terms of use.

ABOUT US

Our Website and Apps are controlled and operated by MDE Services Group Limited. MDE Services Group Limited is a limited company registered in England and Wales. Our registered office address is: MDE Services Group Limited, Building 329, Doncastle Road, Bracknell, Berkshire, RG12 8PE, United Kingdom. UK Company registration number: 9954663.

HOW TO CONTACT US

You can contact us by email at [email protected] if you have any questions, comments or complaints about our Website or Apps.


The following are the booking conditions (“Booking Conditions”) on which MDE Travel Limited (“we” “our” or “us”) agree to supply the corporate travel booking services to you (“you” or “your”). Please read these Booking Conditions carefully. You must not make any booking (either Online Bookings via our Online Booking Tool or with our Travel Team) unless you understand and agree with these Booking Conditions. Some of these Booking Conditions will apply to Online Bookings specifically and some to bookings made through our Travel Team. The person making the booking will be deemed to have accepted these Booking Conditions on behalf of all passengers named in the booking.

1 UNDERSTANDING THESE BOOKING CONDITIONS

1.1 The provider of your travel service will have its own terms and conditions (such as airline conditions of carriage or accommodation or car hire terms). All such terms and conditions (including limitations of liability) apply to these Booking Conditions for each travel service you book through us and, accordingly, a reference to “these Booking Conditions” shall mean the terms and conditions set out herein, the terms and conditions set out in your credit account approval letter (if applicable) and all terms and conditions of any provider of your travel services.

1.2 To the extent of any inconsistency between a travel service provider’s terms and conditions and the terms and conditions set out in this document, the travel service provider’s terms and conditions shall prevail, save to the extent that any provision in the travel service provider’s terms and conditions is deemed to be invalid or unenforceable.

1.3 Your travel service providers will be identified on your itinerary or travel documents and their respective terms and conditions will be available directly on their websites or by contacting them. Alternatively you can contact the Travel Team to request copies.

1.4 You must read all applicable travel service provider terms and conditions carefully because in every case they will apply to the provision of your travel services. Please note that the travel service provider terms and conditions may be amended from time to time and you will be bound by their latest version. It is your responsibility to check if there have been any updates or changes.

2 PROCESS OF BOOKING

2.1 We shall provide you services in recommending, booking and/or otherwise arranging and negotiating the supply of travel by air or land, accommodation, car hire and any other related travel services by third party suppliers to you if you go via our Travel Team.

2.2 A booking for services may be made Online using our Online Booking Tool or by phone or email, by contacting our Travel Team. No booking for services shall be deemed to be accepted by us unless and until confirmed in writing by us (which shall be by email unless we agree otherwise.) We may accept any booking requests made by any employee, agent or other representative of yours on whose behalf the booking is made. If an authorization process is implemented, in such case only the authorized person of yours can approve the booking. Until the booking is approved by the authorized person and confirmed in writing by us, prices and availabilities are subject to change and we shall have no liability as a result of such changes resulting from the delays/omissions of the authorized person in the authorization process.

2.3 If any part of the booking needs changing after it has been confirmed in writing, we must be notified as soon as possible. Changes to a booking are subject to any third party provider terms and conditions and you giving us reasonable notice. Please note that cancellation and change fees may apply. For the avoidance of doubt, we have no authority to vary the terms and conditions of third party suppliers. We cannot guarantee that the relevant third party provider will be able to meet your requested change however if it is able to, then additional charges may apply plus we will charge you a reasonable administration fee (which we will notify you about at the time of contacting the Travel Team or as may be otherwise communicated later in the change of booking process).

2.4 It is your responsibility to ensure that the information you input into your booking (whether via the Online Booking Tool or communicated to our Travel Team) and therefore contained in your booking, and your travel document(s), is correct. Any inaccuracies should be notified to us immediately once you are aware of such inaccuracies (if made Online) or on receipt of such documents containing inaccuracies. We shall not accept responsibility or liability for errors and/or inaccuracies not brought to our attention immediately upon your receipt as aforesaid. You shall remain at all times responsible for the activities occurred under the Online Booking Tool and/or when contacting our Travel Team.

3 PASSENGER BOOKING

It is your responsibility to ensure all passengers comply with all relevant travel requirements in relation to their journey including but not limited to the following:

3.1 All passengers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return. Some countries also require a machine-readable passport and/or unstamped available pages. When assisting with an international travel booking, we will assume that all passengers on the booking have a valid passport. If this is not the case, you must let us know. It is important to ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, delay or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part).

3.2 If you need information regarding visas, passports and other travel document requirements for your trip, please contact the Travel Team. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us.

3.3 The Travel Team can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can obtain visas for you through this external service and fees will apply). We do not warrant the accuracy of visa and passport information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).

3.4 If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). If you have registered before, please check your registration is valid and has not lapsed. Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.

4 TRAVEL INSURANCE

For all travel we strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also recommended by the Foreign and Commonwealth Office for all overseas travel. It is your responsibility to ensure you have valid travel insurance that covers and is appropriate for your needs. We will not be liable for any loss you incur if and insofar as you are able to claim for damages under a travel insurance policy. We can arrange travel insurance for you via our Travel Team or provide you with a quote or general information about the travel insurance options available to you.

5 TRAVEL ADVICE

The Foreign and Commonwealth Travel Advice Unit may have issued information about your travel destination. We strongly advise you go to www.fco.gov.uk to find out more about your destination prior to the commencement of travel. Alternatively, you can contact ABTA Information Department on 0203 117 0599 (calls will be charged).

6 PRICE AND Payment

6.1 Bookings made Online will be subject to a single flat fee per booking which will be set out at the point of ‘total payment due’ on the booking page. Prices for bookings made via our Travel Team will vary according to the various services being booked and this will be explained over the telephone or via e-mail.

6.2 Where we provide you with a quote for a scheduled airline ticket you may request us to hold that ticket. The price of a held ticket shall remain valid for the duration of time which we have advised to you (this excludes airline taxes, which are subject to change and may be re-quoted at the time your booking is confirmed). In all other cases, prices are subject to availability and can be withdrawn or changed without notice. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact the Travel Team for up to date prices.

6.3 Credit card payments (whether Online or via the Travel Team) will be taken at time of booking/invoicing and will incur merchant fees. Where applicable, these will be advised at time of booking (Online) or enquiry made to the Travel Team. You authorise us to charge all fees incurred by you in relation to the services provided to the card designated by you. If payment is not received from the payment provider or its agents for any reason, you agree to pay us all amounts due immediately on demand. You indemnify us against any loss that may be experienced by us due to any fraudulent use or otherwise of that credit card.

6.4 You acknowledge that we do not act as a payment provider or agent or merchant for any booking. We are not a party to any agreement between you and the relevant payment provider and cannot be liable to you for any third party claim or liability relating to the provision of the payment provider services. You acknowledge and accept to be bound by the payment provider’s separate terms for its Online payment services. Payment providers’ terms may be significantly different from these Booking Conditions and you should contact your payment provider for further details of the terms that apply to your use of their services. Your use of payment providers’ services is subject to eligibility, availability and compliance with payment providers’ terms. Payment providers may decide, at their sole discretion and without liability, if you are suitable to use their services and we shall have no liability for such decisions. You agree and acknowledge that payment providers may make additional charges for the provision of their services for which you must be solely liable. Also your payment provider may change its payment terms from time to time and it is your responsibility to keep updated of these changes.

6.5 It is your responsibility to ensure that your authorised signatory, director or managing director is available to authorise payment of any invoices before the due date.

6.6 Payment of invoices shall be made in full by the due date in accordance with the payment terms agreed upon in writing between us and without any deduction or set off notwithstanding that the services may not have been performed. The time for payment of the invoices shall be of the essence.

6.7 All payments shall be made in the currency in which they are expressed by transfer to such bank account as we may from time to time notify in writing to you or under other payments methods that may otherwise been agreed in writing between us.

6.8 In the event that any sums due by you to us are not paid when due, without prejudice to any other of our rights and remedies available, we may at any time:

6.8.1 suspend all or part of the provision of services to you;

6.8.2 charge interest on the overdue amount at the rate of 4% per annum above the then current base lending rate of Barclays bank; and/or

6.8.3 cancel any bookings made on your behalf, with any cancellation fees incurred thereof being for your account and payable by you.

7 AMENDMENT AND CANCELLATION

7.1 Cancelled bookings may incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees and extra charges may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a travel service provider cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge in full. Where you seek a refund for a cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider. We reserve the right to deduct any cancellation fees and other costs incurred as a result of such cancellation from the funds received by us from the travel service provider before any reimbursement is made by us to you.

7.2 If you have purchased a return flight, multi-stop or round the world flight and you do not check in on a confirmed flight, the airline will register you as a ‘no show’ and your tickets on your subsequent flights will be cancelled. Please contact the Travel Team as soon as possible if you do not intend to check-in for a confirmed reservation in these circumstances.

8 Health

You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country or invalidate your travel insurance cover. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.

9 Agency

When you make a booking with us, you acknowledge and agree that we will be acting as an agent only for the relevant transport, accommodation or other travel service provider. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. The travel service provider will be responsible to you for the provision of the relevant travel service. Any services we provide to you are collateral to our agency relationship with the travel service provider and are separate to the actual provision of the travel services. Your legal recourse for travel services is against the specific travel service provider and, except to the extent a problem is caused by fault on our part, not against us. Specifically, if for any reason (excluding fault on our part), any travel service provider is unable to provide the travel services for which you have contracted, your remedy lies against the travel service provider and not with us.

10 use of the online booking tool

10.1 You agree that in using the Online Booking Tool you shall not, except as expressly permitted in these Booking Conditions:

10.1.1 sublicence, lease, transfer, sell, charge, assign ,rent or otherwise commercially exploit the Online Booking Tool software other than through using it for its intended purpose as an online travel booking system;

10.1.2 attempt to examine, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, alter, reverse engineer, decompile, disassemble or otherwise reduce to human perceivable form all or any part of the Online Booking Tool software;

10.1.3 attempt to obtain access, alter or destroy the data files, programs, procedures and/or information of ours or any third party (including travel service provider, agent, subcontractor or otherwise);

10.1.4 access, transmit, create, or store any virus, worm, Trojan horse, bot or other destructive or contaminating programme using the Online Booking Tool software; 10.1.5 access, transmit, create, upload or store any material during the course of its uploading booking information that is

(i) threatening, harmful, defamatory, obscene or constitutes harassment;
(ii) which infringes the intellectual property rights of a third party;
(iii) unsolicited commercial communications (including spam);
(iv) facilitates illegal activities;
(v) promotes unlawful violence;
(vi) depicts sexually explicit images;
(vii) is discriminatory in respect of any “Protected Characteristic” under the Equality Act 2010; or
(viii) is otherwise illegal or causes damage or injury to any person or property;

10.1.6 instruct, assists or advise any other person to perform the acts prohibited under 10.1.1 to 10.1.5 above.

11 Limitation of Liability

11.1 Nothing in these Booking Conditions shall limit or exclude our liability:

11.1.1 for death or personal injury caused by our negligence, or the negligence of our employees; or

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 any other matter for which liability can not be excluded or limit under law.

11.2 Subject to clause 11.1 our total liability to you or any passenger in respect of all other losses arising under or in connection with the supply of services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by you for the services.

11.3 Except as set out in these Booking Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

11.4 We exercise care in the selection of reputable travel service providers but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. We are responsible to ensure that we process your booking with reasonable skill and care and, accordingly, our liability to you (except for fraud, or death or personal injury caused by our negligence) will be limited to supplying the relevant service again or paying the cost of having the relevant service supplied again.

11.5 In relation to the Online Booking Tool software: We shall not be liable for any error or omission, whether human or manmade, in the operation of the Online Booking Tool software (including any typographical or programming errors, or errors in translation by the software.) Further, we shall not be liable for any loss or corruption in the content or Personal Data or losses of damages to any computer equipment, computer programs, data or other proprietary material causes by viruses, bugs, worms, Trojan horses, bots or other harmful or destructive components.

11.6 In no event do we accept any liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. We also do not accept any liability in contract, tort or otherwise, for consequential loss (meaning indirect loss, loss of revenue, loss of reputation, loss of profits, loss of actual or anticipated savings, lost opportunities, including opportunities to enter into arrangements with third parties or loss or damage in connection with claims against you by third parties) howsoever caused in connection with your booking.

11.7 If our performance of any of our obligations in supplying the services is prevented or delayed by any act or omission or error or failure by you or your passengers to provide information, correct or rectify any error or failure, or perform any relevant obligations under these Booking Conditions (“Your Default”) then:

11.7.1 we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of any of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations;

11.7.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause; and

11.7.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.

12 Special requirements

Please note in your Online Booking or liaise with the Travel Team regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access. Please understand that travel service providers may not be able to accommodate every request.

13 Frequent Flyer

When booking with the Travel Team or Online please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the travel service provider will credit you with points for your booking. Any loyalty program discrepancies in relation to your booking must be communicated to us within six months of your flight departure date.

14 Travel documents

14.1 Travel documents include airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, non-transferable and subject to cancellation and/or amendment fees.

14.2 Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement of such cases will not automatically entitle you to a refund of your travel costs from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. .

14.3 Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking or on the travel documents may result in an inability to travel on that booking and the booking being cancelled. Please review your travel documentation carefully and advise us immediately of any errors in names, dates and timings. You must ensure you have all your travel documents and e-tickets prior to travel. Please let us know if you believe you have not received any required documentation. Please also note that bookings we make on your behalf for corporate travel are not protected under the ATOL scheme.

14.4 A flight described on your travel documents and/or itinerary as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions and operational requirements.

15 Termination

15.1 Without limiting our other rights or remedies, we may terminate or suspend the supply of Services with immediate effect by giving written notice to you if:

15.1.1 you commit any continuing or material breach of any of the provisions of these Booking Conditions and, in the case of such a breach which is capable of remedy, fail to remedy the same within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

15.1.2 you make any voluntary (or similar) arrangement with your creditors;

15.1.3 you go into liquidation;

15.1.4 you cease, or threaten to cease, to carry on business; or

15.1.5 you fail to pay any amount due for services on the due date for payment.

15.2 On termination of the services:

15.2.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt; and

15.2.2 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of the services shall not be affected.

16 PASSENGER data

16.1 For the purposes of this Clause, the terms ‘Data Controller’, ‘Data Processor’, ‘Personal Data’ and ‘Processing’ shall have the meanings given to them in the data protection legislation (to include Data Protection Act 1998 and the Privacy of Electronic Communication Regulations 2003 or any other laws and regulations as applicable from time to time).

16.2 You authorise us to:

16.2.1 transfer Personal Data to our third party software provider who may lawfully use, process and transfer the personal data in accordance with the provision of the services.

16.2.2 use, process and transfer your Personal Data and otherwise you provide all such consents necessary as required by the Data Protection Legislation.

16.2.3 Transfer and store the Personal Data outside the EEA;

16.2.4 Publish a suitable privacy & cookies policy to give effect to the processing of the Personal Data

16.2.5 Allow our third party software provider to use tracking cookies which assist with the provision of the software as a service. Details of these cookies are as follows “2 cookies are placed on all End Users browsers. The first cookie performs 2 functions of session handling and page tracking. It is a session based cookie required to track an End User’s progress through a Booking – using this unique identifier, software provider may log and track the pages the End User visits as content is served to them. The second cookie is a persistent cookie which allows software provider to connect multiple sessions to link multiple sessions together and to assist with software provider’s Fraud monitoring system”.

16.3 Both parties shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:

16.3.1 the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage;

16.3.2 the nature of the data to be protected; and 16.3.3 take reasonable steps to ensure compliance with those measures.

16.4 Airlines are required by new laws to give border control agencies access to passenger data. Accordingly, any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary. Some airlines, for example British Airways, also require us to provide them with your email address and mobile phone number when you fly with them so that they can contact you with any important information with regard to your flights, such as a change of flight times. These details will not be used for any other purpose.

16.5 You agree that in certain circumstances (such as where we are requested to book international travel for your employees), we are permitted to disclose personal information to overseas recipients. Such recipients may include the overseas travel service provider(s) (e.g. airlines, accommodation or tour providers) with whom you seek to make a booking. These travel service providers will in most cases receive personal information in the country in which they will provide the services to you or in which their business is managed or based. We may also disclose personal information to our overseas related entities and to service providers who perform services for us within and outside of the UK.

16.6 Generally, we will only disclose personal information to these overseas recipients in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose personal information to any person (including all overseas recipients), you agree that the recipient may be located in a country with laws that do not protect personal information as stringently as those in the UK. We will use commercially reasonable efforts to ensure the recipient's compliance with the privacy/data protection laws by which we are bound. However, we deal with thousands of travel service providers around the world (some of which are very small operations or are located in countries with laws, and/or in regions with technology, which may not be as advanced as those in the UK). Therefore, with the exclusion of our overseas related entities with whom we share personal information, we cannot control the privacy practices of all overseas recipients to whom personal information may be disclosed and, accordingly, where your requested travel arrangements require that personal information be sent to an overseas recipient (other than any of our overseas related entities), you agree that we will not be liable or accountable for how those recipients handle such information.

16.7 We encourage you to review the privacy policies of any third party service provider whose services we arrange on your behalf. If you or any of your employees have any objections to personal information being disclosed to an overseas recipient, please let us know.

17 general

17.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.

17.2 You shall not, without our prior written consent assign, transfer, charge, subcontract or deal in any other manner with any of our rights or obligations under these Booking Conditions.

17.3 Any notice or other information required or permitted to be given under these Booking Conditions shall be deemed to have been validly given if served personally on that party or if sent by first class pre-paid post or e-mail to the last known address of that party. If sent by first class pre-paid post the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile or email then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next working day where sent outside such hours. Any notice of actual or reasonably suspected breach must only be addressed by first class pre-paid post to the attention of our Legal Department.

17.4 No waiver by us of any breach of these Booking Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.

17.5 If any provision of these Booking Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by us from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Booking Conditions shall otherwise remain in full force and effect and enforceable.

17.6 Nothing in these Booking Conditions is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us.

17.7 These Booking Conditions shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.8 These Booking Conditions shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Booking Conditions.