Due to purchase a Product offered on a Travel Offer by the Travel Provider at the Website, the Member must accept the present FOTM Booking Terms & Conditions (Hereinafter, “BTC”) and fulfill these requirements: i.- Previously has been accepted as a Member; ii.- Fulfill the terms of booking process described on the present document; iii.- Accept as part of BTC all definitions and terminology included and used on the TS&GC; iv.-Accept our Privacy Policy, Cookies Policy;
1) Booking Process: You can book Travel Offers from Travel Providers by following the process outlined on this BTC, accepting your previous acknowledge that by booking on the Website with one of the Travel Provider you will be under an obligation to pay for the Travel Offer booked by you.
FOTM processes bookings with Travel Providers whose Products are featured on the Website. FOTM carefully selects the Travel Providers (based on their experience, reputation, feedback on quality of services, etc.) in order for Members to contract directly with those Travel Providers for the provision of those featured Products; provided however that FOTM does not make any representation or warranty, express or implied, of any kind with respect to the Travel Providers. FOTM provides the opportunities for Members to book with Travel Providers at negotiated rates and special offers by providing the Service, but FOTM is not responsible in any way for the provision or fulfillment of the Products which a Member may purchase from the Travel Provider through the Website. TS&GC and BTC are applicable to the relationship between FOTM and you when you offer to purchase a Travel Offer and its Product, and this conditions are applicable too for the relevant Travel Provider with whom a Member may contract.
FOTM does not warrant or guarantee that the quality and standard of the Products offered on the Website by Travel Provider. FOTM shall not be liable for any discrepancy in the Product available described in the Website or for any other errors or omissions, and shall not be liable for any damages that may result therefrom. Any concerns regarding the Products purchased by a Member from a Travel Provider must be brought by the Member directly to the attention of the Travel Provider. Travel Provider is directly responsible to you for bookings you have made with Travel Provider through the Website.
2) All bookings are subject to acceptance by the Travel Provider. We will send you an email, as agent for the Travel Provider, to confirm acceptance of your booking. The contract between you and the Travel Provider will only be made when we send you this email, as agent for the Travel Provider, to confirm acceptance. We will charge your chosen payment method after we accept your booking. The Travel Provider will send you a further email when your booking has been processed containing the details of the Travel Offer booked, including all relevant confirmation documentation as may be required if you have booked a Product with a Travel Provider.
3) Once your booking has been confirm by the Travel Provider and FOTM, and once you have paid, totally or partially (according booking conditions), for your Travel Offer, FOTM will send you and email containing confirmation and acceptance of your booking by FOTM and Travel Provider, included and non-included trip and service items, details, payment confirmation. Notwithstanding this email, the Travel Provider is the one who is responsible to send you the product detail, terms & conditions, travel voucher and any other necessary information of your booking. Once you receive our confirmation and the Travel Provider voucher, please check that your personal data and information y correct.
4) In the event that tickets and/or travel documents do not arrive by post or email, FOTM will not be responsible. Please contact the Travel Provider identified in the booking receipt email directly should you not receive these documents.
5) All bookings for Travel Offers are subject to the availability of those Travel Offers as notified by the relevant Travel Providers. We will inform you as soon as possible after placing a booking if, for any reason, the Travel Offer you have sought to book with a Travel Provider is not available.
6) If a Travel Provider is unable to accept your booking because, for example, the Travel Provider has no more vacancies remaining on your chosen dates, or because of an error in the price we will inform you of this by email and we will not process your booking. If you have already paid for the Travel Offers we will arrange with the Travel Providers for monies paid to be refunded to you in full as soon as possible.
7) The price of any Travel Offer will be shown in US Dollars and quoted as it is shown on the respective price list that appear on the Travel Offer, except in cases of obvious error. The Travel Offer may offer different payment conditions (in example, full price payment required to confirm the booking, or 50% of the price must be deposit in advance due to confirm the booking, among others). The price of a Travel Offer includes VAT, together with any other relevant taxes applicable to the product. The price of any Travel Offer may change from time to time, but changes will not affect any booking that a Travel Provider has already accepted. Due to the large number of Travel Offers on the Service, it is always possible that some of the Travel Offers listed on the Service may be incorrectly priced, despite our reasonable efforts to make sure that they are accurately priced. We will normally verify prices with Travel Providers as part of our booking-handling procedure so that, where a Travel Offer’s correct price is less than the stated price, we will charge the lower amount when accepting the booking from you, as agent for the Travel Provider. If the Travel Offer’s correct price is higher than the price stated on the Service, we will normally, and at our discretion, either contact you for instructions before processing your booking, or reject your booking on behalf of the Travel Provider and notify you of the rejection. Please note that the Travel Provider is under no obligation to agree to supply the Travel Offer to you at the incorrect (lower) price, even after we have sent you a booking receipt, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
Booking fee: We may charge a booking fee for providing you with the Service. This Service includes the using of the platform we provide for you to purchase the Travel Offer from the Travel Provider. The booking fee will be set out with the other payment details on the final page before you pay for the Travel Offer. You agree that by making a booking with a Travel Provider through our Service you are under an obligation to pay us the booking fee. The booking fee and or any commission it is always included on the total price published for the Travel Offer.
9) Payment: We act as a payment agent for the Travel Provider. We accept payment from you on behalf of the Travel Provider using the payment methods listed on the Service and or the travel Offer. You must pay for the Travel Offer at the time you make the booking for the Travel Offer. By making a booking through the Service, you are confirming that the payment details provided on booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking. If you have any query about an amount that has been charged by us to your credit or debit card, pay pal or bank account please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit, debit card or bank account. FOTM does not charge an extra fee for processing your payment. But one of the parties that take part on the payment process (i.e. Credit Card Company, Bank) may charge some fee. , FOTM does provide a booking confirmation which can be used as a receipt as it shows the amount paid at the time of booking.
We only accept payments by credit or debit card or via Pay Pal or Bank wire transfer. For your convenience and in order to safeguard your payment information, all payments are transacted through the secure server of our online payment processing provider, and once you have entered all relevant information correctly, payments will be taken automatically. All fees and charges payable by Members are due on demand. Receipts are immediately sent to you by e-mail and may be accessed at any time via your Account. We take your personal privacy and financial security extremely seriously – see our Privacy Policy for more information.
-Payment Terms: When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
-Failed payments: In the event that a payment fails we will ask you to provide updated payment details. In any of the payments options fails or is rejected we may contact you requesting an alternative payment method or being not possible we are immediately cancelling any completed Product booking.
-Refunds: If you have any query about an amount that has been charged by us to your card, please contact us immediately. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card. Refunds are at the sole discretion of FOTM.
All prices and fees are expressed in U.S. Dollars. For non-USA Properties, rates quoted and confirmed in non- currencies will be converted to local currency by the properties at your time of payment, based on the exchange rate used by the property and are subject to exchange rate fluctuations outside of the United States, fees will be subject to exchange rate formulas and calculations of the member’s bank or credit card company. Any refunds will also be subject to the exchange rate at the time of such refund, which may differ from the exchange rate at the time such fee was originally paid. Some credit card charges are subject to additional currency conversion fees at the time of processing which are not within FOTM’ control and may impact the amount charged on, or refunded to, a member’s credit card.
10) The booking process steps are basically the ones you can read as follows: i) the Member will need to offer to purchase a Product on the Website and accept the present BTC; ii) Automatically, FOTM will issue an online acknowledgment confirming receipt of the booking request; iii) FOTM will check availability contacting the relevant Travel Provider; iv) If the Travel Provider confirm availability, and after FOTM and Travel Provider check there are not accidentals errors, mistakes or omissions on the Travel Offer or Product, FOTM will notify by email to the Member that the booking can be confirmed; v) Due to finally confirm the Booking, the Member must pay or deposit the price according the terms that the chosen Travel Offer demand, and this payment must be confirmed by FOTM; vi) Once your booking has been completed and payment for your Product has been made, FOTM will issue you with a booking receipt, in compliance with applicable laws, with details of the relevant Travel Provider providing the Product that you have booked.
11) Modifications, Cancellations or Alterations after payment:
by Members: *Unless otherwise stated in the Product description, once Payment confirmation has taken place all Product sales on the Website (or otherwise) are final, non-refundable and may not be altered, and cancellation will result in the forfeiture of the entire amount paid by the Member for the Product. If alterations or cancellations are available from the Travel Provider, they may be subject to a charge as per the Travel Provider’s own terms and conditions. *While bookings made through the FOTM Website have a 100% non-cancellable/non-refundable policy, if a Member wishes to make a change to their booking of a Product with a Travel Provider, then FOTM has the right, in its discretion, to assist a Member in the Member’s attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful. FOTM will not be held liable for any applicable charges that the Member may need to pay in order to give effect to any such alteration or cancellation, if available. *Please note that if a Travel Provider separate terms and conditions, located on its own website or otherwise, include provisions relating to changes and cancellations of bookings, such terms shall not be binding on the Travel Provider when bookings are made for Products featured on the Website. This is because of the pre-negotiated rates that FOTM has managed to secure with the Travel Provider, which is generally on the basis that the booking is final and cannot be changed. Members should therefore be aware that any such cancellation or alteration terms or provisions relating to Products booked through the Website would be deemed as non-cancellable and non-refundable, unless otherwise expressly stated, or unless the Travel Provider has agreed to this in writing. *Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of any insurance policy that you may choose to separately procure in respect to the Product. All claims must be made directly to the insurance company concerned.
11.2.- by Travel Provider: Since FOTM Services are concluded after the booking has been confirmed and the payment has been done and since you are on a direct agreement relationship with the Travel Provider, if the Travel Provider cancels or makes changes to the purchased Travel Offer, FOTM will not be responsible for any costs incurred by you. So, in the rare cases that a Travel Provider cancels your booking after it has been accepted, you will be notified by the Travel Provider or FOTM acting on the Travel Provider’s behalf. As FOTM is an agent acting on behalf of Travel Providers, and your contract for the Travel Offer is with the Travel Provider, we will use reasonable endeavours to assist you in getting a refund or changing your dates. However, FOTM will not be responsible for any costs associated with a cancellation by the Travel Provider.
12) Insurance: We consider adequate travel insurance to be essential to cover you during and with respect to your travel. Please ensure that your valid travel insurance policy is valid from the time of booking your holiday for the countries you will be travelling to or through, and to cover the activities that you may undertake while you are on vacation. We further recommend that all members of the party booked are covered by the policy (in case of families) or have their own adequate policy in place.
13) If FOTM fails to comply with these BTS, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms of Service or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract. The maximum loss or damage we will be responsible for is limited to the booking rate you paid us when using the Service to purchase a Travel Offer to which the loss or damage you suffer relates.
14) Events outside our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including (but not limited to) acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
These policies were last modified on 28/08/2018
