Business T&C’s
1. Introduction
1.1 These booking terms, together with the General Agreement apply to all Services provided to the Client by Keeva Travel Limited (company no. 11030561) (“KEEVA TRAVEL LIMITED”) whose registered office is situated at The Glove Factory Studios, 1 Brook Lane, Holt, Wiltshire, BA14 6RL. VAT No. 281599070. The applicability of any general terms and conditions used by the Client are expressly excluded.
1.2 As Services will be provided to the Client pursuant to the General Agreement, the Services and all Bookings fall outside the scope of the Package Travel and Linked Travel Arrangements 2018 (“PTRs”) and The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”), and, to the extent permitted by law, any other similar or analogous law.
1.3 Any reference to a statute or statutory provision in these booking terms is a reference to it as amended, extended or re-enacted from time to time.
2. Definitions:
“Agreement” means together these booking terms and the General Agreement.
“Booking” means a booking for Travel Arrangements made strictly for Business Travel purposes: (i) arranged by KEEVA TRAVEL LIMITED for the Client or Traveller; and/or (ii) made via the Platform, in each case as part of the Services.
“Client” means the natural person, corporate or unincorporated body to whom KEEVA TRAVEL LIMITED provides the Services.
“General Agreement” means the general agreement at https://keevatravel.co.uk/GB-booking-terms-and-conditions/ (or such other form of general agreement as agreed by the parties) which the Client either signs or is deemed to have agreed as relevant. The Client accepts that if it requests KEEVA TRAVEL LIMITED to provide Services, such Services will be provided to the Client on the basis of the General Agreement and these booking terms.
“Platform” means the platform made available by KEEVA TRAVEL LIMITED to the Client where KEEVA TRAVEL LIMITED aggregates and displays various travel arrangements and provides the Client the opportunity to make Bookings.
“Services” means the travel management services provided by KEEVA TRAVEL LIMITED in recommending, booking, arranging and/or facilitating Travel Arrangements for the Client or Traveller and/or (where relevant) providing Client access to the Platform, in each case in connection with the Client’s trade, business, craft or profession.
“Supplier” means the third party(ies) who provide the Travel Arrangements. “Supplier Terms” means the terms and conditions of the relevant Supplier(s) that apply to the Travel Arrangements, which are available on the Supplier’s website or the Client can contact the Supplier or KEEVA TRAVEL LIMITED for copies.
“Travel Arrangements” means all travel by air, land or sea, accommodation, car hire, event planning, travel insurance or other related travel services provided by a Supplier to the Client for the sole purpose of Business travel only.
“Traveller” means the natural person(s) who travel on a Booking paid for by the Client under the Agreement.
3. Bookings
3.1 Leisure travel is expressly excluded from this Agreement and must not be booked under it.
3.2 The Client appoints Keeva Travel as its business travel agent to undertake its Bookings.
3.3 In agreeing to make these Bookings, the Client accepts that Keeva Travel is acting solely as agent for Suppliers and does not act as principal, organiser, or tour operator.
3.4 No partnership, joint venture or employment relationship is created by Keeva Travel making the Bookings for the Client.
3.5 The Client’s approval (or the approval by any of the Client’s employees, agents or representatives) of a quote or offer (verbally or in writing) shall be KEEVA TRAVEL LIMITED’s authority to proceed with the Booking on behalf of the Client.
3.6 KEEVA TRAVEL LIMITED acts as agent only. When making a Booking, KEEVA TRAVEL LIMITED will arrange for the Client to enter into a contract with the relevant Supplier(s).
3.7 All Bookings are subject to the terms of the Agreement and the relevant Supplier Terms. The Client acknowledges and agrees that it is the Client’s responsibility to review the Supplier Terms and that such Supplier Terms may limit or exclude the liability of the Supplier.
3.8 It is the relevant Supplier(s) (and not KEEVA TRAVEL LIMITED) who shall be responsible to the Client for the provision of the Travel Arrangements.
4. Fees, Charges and Payment
4.1 The Client must make payment for any Booking in accordance with the instructions KEEVA TRAVEL LIMITED gives the Client. Generally, the Client must pay for all Travel Arrangements at the time of booking or, where applicable, strictly in accordance with the credit terms provided by KEEVA TRAVEL LIMITED. KEEVA TRAVEL LIMITED will arrange for payment to the Supplier, on behalf the Client, for the Travel Arrangements.
4.2 If any payment is not received when due, KEEVA TRAVEL LIMITED reserves the right to treat the Booking as cancelled, in which case the Supplier’s cancellation charges as set out in the Supplier Terms shall apply, together with any administrative fees levied by KEEVA TRAVEL LIMITED in accordance with clause 8.
4.3 The Client shall pay:
– agreed transaction, management or service fees;
– Supplier fares, taxes, levies and surcharges;
– Airline Agency Debit Memos (ADMs), hotel bill backs, supplier penalties and no-show charges where applicable.
4.4 KEEVA TRAVEL LIMITED will apply a Service fee of £15 on each Travel booking made. This will form part of the Clients booking cost. KEEVA TRAVEL LIMITED may review the transaction fee and make changes to this to at any time. The change will be communicated to the Client in accordance with Clause 4.10.
4.5 The Client is responsible for all card payment charges. If payment is not received from the card issuer or its agents for any reason, the Client agrees to pay KEEVA TRAVEL LIMITED all amounts due immediately on demand. The Client agrees to indemnify KEEVA TRAVEL LIMITED against any loss that may be experienced by KEEVA TRAVEL LIMITED due to any fraudulent use or otherwise of that credit or debit card. The Client also agrees, in making payment by corporate / commercial credit card or debit card, to waive any rights which they may otherwise have to instruct your card issuer to initiate a chargeback under the relevant card scheme rules on the basis that the rights of the respective parties in relation to the transaction are fully and exclusively set out in this Agreement. In particular, the Client agrees not to initiate chargebacks against KEEVA TRAVEL LIMITED in the event that the relevant travel service is cancelled by a travel service provider, including if the relevant travel service provider issues a credit or voucher instead of a refund for a cancelled service. This Agreement in relation to chargebacks is without prejudice to any rights you may have directly against the Travel Service Provider.
4.6 All amounts payable by the Client under the Agreement (and all documents referred to herein) shall be paid without set-off, counterclaim, deduction or withholding. If the Client is required by law to withhold any tax, the Client shall gross up such payment to ensure that the net receipt, after tax, to KEEVA TRAVEL LIMITED in respect of the payment is the same as it would have been were the payment not subject to tax.
4.7 All money paid by you to us will be our property and will be a debt due and payable to the travel service provider. You agree and acknowledge that such money will not be held by us on trust for and on behalf of you and we may hold such money in any account as we see fit, including with our own and/or our other clients’ money.
4.8 We work with a range of credit providers, issuers, and payment service providers in connection with booking your travel and travel related products and services and arrangements and the provision of credit to you. The credit providers, issuers and payment service providers that we work with may change from time to time without notice to you.
4.9 We receive remuneration through commissions, financial incentives, fees or payments, and other means including transaction processing fees, merchant service fees, or other payments or credits of a similar nature (together “Financial Arrangements”) from third party travel service providers, card issuers, credit providers, payment service providers or other persons in connection with travel and travel related bookings and travel products. We are entitled to retain, and we are not required to account to you, for any such fees, payments or credits we may receive. Further we are not required by law to disclose the nature or value of these Financial Arrangements.
4.10 We reserve the right to modify any of terms of this Agreement at any time by giving you 14 days’ advance notice. If we make changes to any of terms of this Agreement, we will post the amended Agreement on the relevant applications or services used by us and by which we communicate to you (including by email) and the changes will become effective 14 days after posting. The applicable terms that will apply are those in effect at the time you make the relevant booking(s) with us. After receipt of any notice of changes, your continued use of our services will constitute your acceptance of the updated credit terms. If you do not accept the change/s, you can terminate your Agreement with us at any time before the change comes into effect, provided that any outstanding and pending charges must be paid in full by you.
5. Accuracy of information and booking errors
5.1 Information and prices in advertising material and quotations are provided by third parties and KEEVA TRAVEL LIMITED reserves the right to correct any changes and errors that arise, without liability to the Client.
5.2 Similarly information displayed on the Platform is provided to KEEVA TRAVEL LIMITED by Suppliers. As such, the Suppliers are responsible for updating all rates, availability and other information displayed on the Platform. KEEVA TRAVEL LIMITED will not verify, and cannot guarantee that, all information is accurate, complete or correct, nor can KEEVA TRAVEL LIMITED be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any breakdown, repair, upgrade or maintenance of the Platform or otherwise), inaccurate, misleading or untrue information.
5.3 It is the Client’s responsibility to check the accuracy of all information in a quotation or booking confirmation (or any other documentation issued) and notify KEEVA TRAVEL LIMITED of any errors immediately on receipt. The Client is responsible for any charges incurred as a result of delay or failure to notify KEEVA TRAVEL LIMITED of any inaccuracies.
6. Insurance
6.1 It is the Client’s responsibility to take out appropriate insurances in respect of the Services and all Travel Arrangements. Such insurances should, as a minimum, cover all losses incurred in connection with any cancellation, medical issues, and repatriation in the event of accident or illness.
7. Special requests
7.1 Special requests relating to any Travel Arrangements must be notified to KEEVA TRAVEL LIMITED in writing prior to confirmation of a Booking, however KEEVA TRAVEL LIMITED cannot give any assurances or guarantees that they will be fulfilled.
7.2 The fact that a special request has been noted on any booking confirmation or other documentation or that is has been passed to the Supplier is not confirmation that the request will be met.
8. Changes and cancellations by the Client
8.1 Any request to modify or cancel a Booking, in whole or in part, must be made by the Client to KEEVA TRAVEL LIMITED in writing and can only be accepted in accordance with, and where permitted by, the Supplier Terms.
8.2 The Supplier may charge a cancellation or an amendment fee in accordance with the Supplier Terms, which may be up to 100% of the cost of the Travel Arrangements.
8.3 KEEVA TRAVEL LIMITED reserves the right to charge an administration fee for processing any request to modify or cancel a Booking.
8.4 Where KEEVA TRAVEL LIMITED is unable to assist with making a requested change and the Client does not want to proceed with the original Booking, KEEVA TRAVEL LIMITED we will treat this as a cancellation by the Client.
8.5 Where the Client instructs KEEVA TRAVEL LIMITED to amend or cancel any part of a Booking and as a result, KEEVA TRAVEL LIMITED incurs liability for a Supplier fee or charge, the Client shall indemnify KEEVA TRAVEL LIMITED for the amount of that fee and/or charge.
9. Changes and cancellations by a Supplier
9.1 In the event that a Supplier cancels or makes any changes to Travel Arrangements at any time, KEEVA TRAVEL LIMITED will not be liable to the Client.
9.2 If the Supplier increases the price of the Travel Arrangements, whether before or after Booking, including (without limitation) due to transport costs; taxes; levies; surcharges; and/or exchange rate fluctuations and these increases are passed on by the Supplier, KEEVA TRAVEL LIMITED shall be entitled to charge the Client for the price changes.
9.3 KEEVA TRAVEL LIMITED will inform the Client of any changes or cancellations to Travel Arrangements made by the Supplier and the options available. KEEVA TRAVEL LIMITED shall, at the Client’s request, review alternatives arrangements (without any guarantees that alternative arrangements will be able to be sourced). The Client shall pay for any costs and/or charges associated with any change(s) agreed.
10. Unavoidable and extraordinary circumstances
10.1 KEEVA TRAVEL LIMITED shall not be liable to the Client for any delay or failure to perform its obligations where due to circumstances outside of the reasonable control of KEEVA TRAVEL LIMITED or the relevant Supplier. Such circumstances may include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial disputes, strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, pandemic or epidemic, adverse weather, sea, ice and river conditions. Advice from the Foreign Commonwealth and Development Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
11. Complaints
11.1 As the contract for the Travel Arrangements is between the Client and the Supplier, any queries or concerns about the Travel Arrangements should be addressed to the Supplier in the first instance. If the Client/Traveller has a problem with the Travel Arrangements whilst using them, this should be reported to the Supplier immediately. If the Client fails to do so, there will be less opportunity for the Supplier to investigate and rectify the Client’s/Traveller’s complaint.
11.2 In its role as agent, KEEVA TRAVEL LIMITED will reasonably assist the Client with any complaint, including forwarding complaints to the Supplier either before, during or after performance of the Travel Arrangements. The Client should contact their KEEVA TRAVEL LIMITED Travel Consultant in the first instance.
12. Client & Traveller obligations
12.1 The Client will provide to KEEVA TRAVEL LIMITED all necessary information regarding itself and/or Travellers which is required to perform and/or conclude the Services in a timely manner (and the Client shall obtain all relevant third-party permissions and consents in connection therewith).
12.2 The Client shall ensure that the Traveller(s) is/are in the possession of the required travel documents, such as a valid passport, any required visa, proof of vaccinations etc., and shall keep up to date with any Foreign Commonwealth and Development Office advice, government advice on returning to the UK together with any necessary entry requirements for the destination country, upon departure and during the period of travel. KEEVA TRAVEL LIMITED shall not be liable to the Client and/or Traveller(s) in the event that they are unable to travel as a result of not obtaining the correct documentation or failing to take the appropriate action required for travel.
12.3 All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return. For travel to the European Union travellers must have a passport that: was issued less than 10 years before the date they enter the country and is valid for at least three months after the day they plan to leave. 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 travellers 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).
If you need information regarding visas, passports and other travel document requirements for your trip, please contact us. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf. 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).
For travel to Australia, New Zealand, Canada or the United States please be advised that there are compulsory pre-registration requirements for visa waiver programs. If you have registered before, please check your registration is valid and has not lapsed. Please note, you may not meet the eligibility requirements and may be required to obtain a visa.
12.4 Please provide your frequent flyer membership details (or other applicable loyalty program details) at time of booking. Please check your 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 one month of your flight departure date.
12.5 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. We would be happy to provide you details of travel clinics on request.
12.6 The Foreign, Commonwealth & Development Office (FCDO) may have issued information about your travel destination. We strongly advise you go to gov. uk/fcdo 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).
12.7 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. 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.
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.
12.8 The Client is responsible for the behaviour of Travellers and KEEVA TRAVEL LIMITED accepts no liability in the event that any Traveller(s)’ behaviour is disruptive and affects other travellers or third parties during the course of travel. The Client agrees and acknowledges that Travel Arrangements may be cancelled without notice if a Traveller’s behaviour is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation. In such circumstances, the Client shall be solely responsible for any expenses, costs or losses incurred as a result of its Travellers’ behaviour.
12.9 The Client shall be responsible for meeting any claims (including legal costs) made against KEEVA TRAVEL LIMITED and for meeting any fees, fines, penalties and/or charges levied against KEEVA TRAVEL LIMITED, in each case because of the actions or omissions of any Traveller(s), together with all costs KEEVA TRAVEL LIMITED incurs in pursuing any claim against the Client.
12.10 In relation to the Platform, the Client: (a) is responsible for the quality, legality and accuracy of Client and Traveller data uploaded to the Platform; (b) shall ensure the Platform is only used to make Bookings connected with the Client’s trade, business, craft or profession; (c) shall procure that account credentials (i.e. logins/passwords) are kept safe and confidential; (d) shall not access/or use the Platform in any way that threatens the continued viability, security or availability of the Platform.
12.11 KEEVA TRAVEL LIMITED, or its licensor’s, own all intellectual property rights in the Platform and Services. The Client is not entitled to copy, scrape, link to, publish, promote, market, integrate, use, combine or otherwise use the Platform content without KEEVA TRAVEL LIMITED’s written consent.
12.12 The Client shall indemnify KEEVA TRAVEL LIMITED, its officers, employees and franchisees against all liabilities, costs, expenses, compensation, awards, fines, penalties, damages and losses (including legal and other professional costs and expenses) suffered or incurred by KEEVA TRAVEL LIMITED arising out of or in connection with: (a) any breach by the Client of its obligations under the Agreement and/or the Supplier Terms; (b) any claims brought by a Traveller or any Supplier or any other third party arising out of and/or related to the Travel Arrangements; and (c) any act or default of the Client, its employees, representatives, contractors, agents or any Traveller.
12.13 The Client shall indemnify KEEVA TRAVEL LIMITED if it allows any of the Travellers to travel for leisure purposes and KEEVA TRAVEL LIMITED inadvertently forms a package and/or for any other reason the Services and any Booking fall within the PTRs and/or ATOL Regulations.
13. KEEVA TRAVEL LIMITED responsibilities and liabilities
13.1 As the Client’s contract for the Travel Arrangements is with the relevant Supplier, KEEVA TRAVEL LIMITED accepts no responsibility for actual provision of the Travel Arrangements and does not make or give any warranty or representation regarding the Travel Arrangements. KEEVA TRAVEL LIMITED also does not represent or warrant that the Platform will always be available or Client’s use will be uninterrupted.
13.2 KEEVA TRAVEL LIMITED’s responsibilities are limited to recommending, booking, arranging and/or facilitating the Travel Arrangements in accordance with the Client’s (or Traveller’s) instructions and KEEVA TRAVEL LIMITED will carry out the Services with reasonable care and skill. KEEVA TRAVEL LIMITED accepts no responsibility for any information about the Travel Arrangements that it passes on to the Client or any Traveller in good faith.
13.3 KEEVA TRAVEL LIMITED’s liability is limited to any claims directly arising out of or in connection with KEEVA TRAVEL LIMITED’s negligence or breach of Agreement. In such circumstances, KEEVA TRAVEL LIMITED’s liability, subject to clause 13.5, shall be limited to the cost of the relevant Travel Arrangements and any service fee paid to KEEVA TRAVEL LIMITED. In no event does KEEVA TRAVEL LIMITED accept any liability in contract, tort or otherwise, for: (a) any injury, illness, death, damage, loss, delay, refund, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of Suppliers or their employees, agents, suppliers or subcontractors; (b) the solvency of any Supplier; (c) any indirect or consequential loss; or (d) loss of revenue, loss of reputation, loss of profits, loss of actual or anticipated savings and lost opportunities, howsoever caused in connection with a Booking.
13.4 KEEVA TRAVEL LIMITED is not liable for any damage covered by a health, accident, travel and/or any other insurance policy in place for the benefit of the Client and/or Travellers.
13.5 Nothing in the Agreement excludes or limits any liability of KEEVA TRAVEL LIMITED for death or personal injury that arises as a result of KEEVA TRAVEL LIMITED’s negligence or for any other liability that cannot be excluded by law.
13.6 Keeva Travel is entitled to rely on the Client’s representations that any person for whom a booking is requested under this Agreement is an Eligible Traveller and that the booking is made strictly for Business Travel purposes.
13.7 Keeva Travel shall have no liability for any booking made on the basis of incorrect or misleading information provided by the Client regarding traveller eligibility or travel purpose.
14. Variations
14.1 Subject to a notice period of 14 days, KEEVA TRAVEL LIMITED is entitled to amend these booking terms by making the amended booking terms available to the Client on its website or by other means, including providing a copy of the amended booking terms to the Client.
15. Alternative Dispute Resolution
15.1 The Parties shall use their best endeavours to resolve any dispute, claim or difference arising out of or in connection with this Agreement (“Dispute”) through informal discussions and good-faith negotiations.
15.2 If the Dispute cannot be resolved within a reasonable period, either Party may request that the Dispute be referred to alternative dispute resolution (ADR).
15.3 Where ADR is agreed, the Dispute shall be referred to mediation in accordance with the CEDR Model Mediation Procedure or such other ADR provider as the Parties may agree.
15.4 The mediation shall take place in England, be conducted in English, and the costs of the mediator shall be shared equally between the Parties unless otherwise agreed.
15.5 Participation in ADR is voluntary and shall not prevent either Party from commencing or continuing legal proceedings at any time.
15.6 Nothing in this clause shall prevent either Party from seeking urgent interim or injunctive relief from the courts of England and Wales.
15.7 This clause and any Dispute arising from or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
16. Jurisdiction and applicable law
16.1 These booking terms and any agreement to which they apply are governed in all respects by English law. Any dispute, claim or other matter which arises out of or in connection with a Booking will be subject to the exclusive jurisdiction of the Courts of England and Wales.