Terms & Conditions
Package Holiday Booking Conditions
1. Your holiday contract
1.1. Your package holiday shown is sold by Mystery Holidays Limited trading as Mystery Holidays as a member of the Hays Travel Independence Group. Your booking is made with Hays Tour Operating Limited (“us”, “we”), and the following booking conditions form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read the booking conditions and agree to them.
1.2. In these booking conditions, “you” and “your” mean all of the people named on the booking (including anyone who is added or substituted) or any one of them, as the context requires.
1.3. The person who makes the booking (the “lead passenger”) must be 18 years old. They must have the authority to agree to these booking conditions on behalf of all of the people named on the booking. All travellers are charged at the same rate as a paying adult.
1.4. We reserve the right, in our sole discretion, to change these Booking Conditions at any time. Updated versions of the Booking Conditions will be posted on our website and are effective immediately on posting.
1.5 Your Package Holiday Contract consists of these Booking Conditions, the FAQs and our Privacy Policy.
2. Purchase of Your Mystery Holidays Package
2.1 You can only purchase a Mystery Holidays Package from authorised third parties or from us directly.
2.2 Bookings may be made for 1 to 12 passengers. A booking for 1 passenger is a Solo booking and is priced for one person travelling alone. A booking for 2 to 12 passengers is a Travelling Together booking and is priced per person based on two people sharing. The price per person shown on the booking calendar applies to every passenger on the booking.
2.3 Gold and Silver Tiers are available for bookings of 1 to 2 passengers. Bookings of 3 to 12 passengers are allocated to the Bronze Tier. This is shown on the booking calendar when you select more than 2 passengers.
2.4 Once you have selected your departure airport, travel date and number of passengers, you will be asked to pay the full price of your Mystery Holidays Package. Your booking is then completed in three steps: payment, passenger details and reveal, as set out in clauses 2.16 to 2.21.
2.5 Full payment will be taken at the time of booking. At this point your booking becomes NON-REFUNDABLE.
2.6 Subject to clause 2.3, once payment has been made you will be allocated to either a Bronze, Silver or Gold Tier automatically and randomly by our booking system based on your chosen airport and travel dates and subject to availability at the time of booking. Your Tier is allocated at payment and is shown to you at the reveal step. The majority of travellers will be allocated to Bronze Tier with a limited number allocated to Silver or Gold. More information about our tiers and the way in which trips are generated by our system is available in our FAQs.
2.7 Tier allocation is not based on value, destination type or pricing and you cannot influence the Tier allocation. Please refer to our FAQs for further information about Tier allocation.
2.8 The duration of your holiday is determined by your Tier: Bronze 2 nights, Silver 4 nights, Gold 7 nights. Your duration is revealed with your Tier after booking. The price you pay is the same whichever Tier you are allocated. Bronze holidays give you at least 40 hours at your destination.
2.9 Flights are allocated at our discretion and you cannot choose or request specific flight times. Outbound flights depart in the morning or afternoon, between 05:40 and 17:00. Return flights depart after 12:00 midday. Once allocated, flight times cannot be modified. Any request to change your flight will be treated as a formal amendment in accordance with clause 9, and you will be liable for any associated amendment fees and cancellation charges, in addition to the cost of the new flight.
2.10 Your destination and travel documentation, including your ATOL Certificate, will be emailed to you within 48 hours of us receiving complete passenger details for every passenger on the booking. Your flights and hotel are booked at that point.
2.11 Your booking will be a Package Holiday in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”) and Hays Tour Operating Limited will be the Package Organiser. You will receive all rights and benefits under the PTRs.
2.12 More information on key rights under the Package Travel and Linked Arrangements Regulations 2018 can be found here https://www.legislation.gov.uk/uksi/2018/634/contents/made
2.13 Potential holiday destinations can be found on our website which are subject to change by us at any time.
2.14 What’s Included / Not Included in your booking:
Please review the following list of items which confirms what is included or not included in your booking. This will also be confirmed to you prior to completing your booking with us:
Included
- Return flights from the selected UK airport.
- Note:
- Bronze/Silver Tier: Direct flights.
- Gold Tier: May include a stopover of up to 6 hours.
- Hotel stay (minimum 3-star).
- 1 small personal piece of baggage (e.g., backpack/tote).
Not included
- Seat Selection: Must be booked directly with the airline.
- Baggage: Extra bags must be added via the airline login post-booking.
- City Taxes & Resort Fees: Paid locally (varies by destination) to be confirmed on confirmation invoice once your Mystery Holiday Package has been allocated.
- Hotel Security Deposit: May be requested by certain hotels for incidentals/damages on arrival.
- Board Basis: Room Only (upgrades may be available post-booking).
- Transfers/Activities: Not included (can be added later).
2.15 For more information on the Tiers and their inclusions and exclusions, please see our FAQs.
Completing your booking
2.16 Your booking is completed in three steps: payment, passenger details and reveal. These are normally completed together in one session.
2.17 If you do not submit passenger details immediately after payment, we will email you a link to complete them. You must then submit full details for every passenger within 24 hours of payment.
2.18 Your Tier is allocated at payment and is not affected by when you submit passenger details.
2.19 Flights are not ticketed until we receive passenger details. The price you paid covers flights ticketed within 24 hours of payment.
2.20 Submitting passenger details within 24 hours of payment is your responsibility. If you miss this deadline, the link will expire and your booking will remain in place, but the flights included in your price can no longer be guaranteed. You must contact us to complete your booking. Any additional flight cost arising from your delay is a charge caused by your failure to meet this deadline. It is not a change to the price of your Package by us and must be paid before ticketing.
2.21 Missing the deadline does not entitle you to a refund. If you choose not to proceed, your booking is cancelled in accordance with clause 11.1.
3. Repeat destinations
3.1 We aim not to send you to the same destination within your first three bookings with us. This is an aim, not a guarantee, and a repeat destination is not grounds for cancellation, amendment or refund.
4. Travel Requirements
4.1. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. You can find further information at https://travelaware.campaign.gov.uk/.
4.2. Travel Advice
The Foreign, Commonwealth and Development Office issues essential travel advice on destinations, which includes information on passports, visas, health, safety and security and more. Please review your destination information at www.gov.uk/foreign-travel-advice.
4.3. Health / Vaccinations
You should contact your GP or a specialist vaccination centre for details of the measures you will need to take prior to departure which are applicable to your destination. In addition, you can find further information at https://travelhealthpro.org.uk/
4.4 Health, Pre-Existing Medical Conditions, Persons With Disabilities
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be happy to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any assistance requirements, disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking.
We will communicate requests to suppliers, but cannot be responsible if any of the aspects of the trip are unsuitable, in our sole discretion, for your needs. Any accommodations provided will be at the sole expense of the traveller requiring the accommodation.
Our suppliers are, unfortunately, unable to offer additional assistance to travellers with limited mobility or other special assistance requirements and any specific support required will need to be provided by whoever the traveller is traveling with. Travellers with disabilities and special assistance requirements must notify us at the time of booking of the status and the identity of their fare paying travel companion who will be responsible for providing all necessary assistance.
Following completion of your booking, our team will be in touch to discuss your specific requirements. We may request that you provide a letter from your doctor confirming your fitness to travel. For the safety of our travellers, we reserve the right to request health information prior to travel and to exclude any participants we deem unfit for travel at our sole discretion. If you would prefer to speak with our team prior to making a booking, please call us on 02038332099.
4.5. Excursions and activities do not form part of your Package
Excursions or activities that you book after your Package has been booked with us are not part of your Package holiday provided by us. This will include excursions or activities where we have introduced you to the operator of the excursion or activity either before you travel or whilst you are on holiday. In such instances, we act only as an agent for the excursion/activity provider and your contract will be with the operator of the excursions or activity and not with us.
We are not responsible for the provision of such an excursion, tour or activity or for anything that happens during the course of its provision by the operator.
5. Insurance
It is a condition of your Package travel contract with us that you purchase appropriate travel insurance which provides cover against loss of deposit or cancellation fees and against medical costs. Please read your policy details carefully and take them with you on holiday.
6. Advance Passenger Information
You must make sure advanced passenger information is submitted directly to your airline in advance of travel for all destinations.
7. Special Requests
We will endeavour to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms) and will pass any special requests to the relevant supplier. However, we are unable to guarantee that such requests will be met and are not liable for any loss suffered in the event of such requests not being complied with.
8. Your Financial Protection
8.1. We provide full financial protection for our Package holidays. Your Package holiday shown is sold by Mystery Holidays Limited as a member of the Hays Travel Independence Group and your contract is with Hays Tour Operating Limited
8.2. For holidays which include a flight this is through our Air Travel Organiser’s Licence number 10531 issued by the CAA of Aviation House, Beehive Ringroad, Crawley, West Sussex, RH6 0YR (www.caa.co.uk).
8.3. When you buy a flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
8.4 In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.
However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
8.5. If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme.
You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
9. If You Want To Change Your Holiday
9.1 If you want to change any part of your Package after your booking confirmation has been issued, for example your chosen departure date or accommodation it may be possible. Any request for changes must be made in writing by the lead passenger. If it is possible to make the change, it will be subject to an administration charge of £50 per person, in addition to the payment of any further costs we incur with the suppliers or otherwise in making this alteration.
You should be aware that these costs could increase the closer to the departure date that changes are made and may even be more than the cost of the original holiday. If you wish to try and make any changes you should contact us as soon as possible.
9.2 Any amendments could incur cancellation charges of up to 100% of that part of the arrangements. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare.
9.3 Mystery Holidays are priced according to the number of people. If you reduce the number of passengers on your booking, including from 2 passengers to 1, the cost per person may go up and you must pay any difference. Reducing the number of passengers does not change the Tier already allocated. In all cases, the price of your Package will not be reduced if a member of your party decides not to travel. However, it may be possible to transfer your booking in accordance with clause 9.5.
9.4. If you change your booking to a holiday of lower value and then you cancel that holiday your booking remains non-refundable, however it may be possible to transfer your booking in accordance with clause 9.5.
9.5 Transferring Bookings
You may transfer the booking to another person. An administration charge will be made of £50 per person for transfer requests made more than 61 days before departure, and £100 per person within 61 days before departure. In addition to our administration charges, you must also pay any further costs we incur in making this transfer charged by the relevant supplier. As most airlines do not permit name changes after tickets have been issued, these charges are likely to include the full cost of the flight.
Both you and the new traveller are responsible for paying all costs we incur in making any transfer.
10. Gold and Silver Date Change and Tier Swap
10.1 If you are allocated a Gold (7 nights) or Silver (4 nights) Tier and cannot commit to that stay, you may request one of the following within 30 minutes of your reveal by emailing support@mysteryholidays.co.uk:
Date Change. You keep the same Tier and move to alternative travel dates. You pay any difference in the cost to us of the holiday on the new dates. If the new dates cost less, no refund is due.
Tier Swap. You move down to a shorter Tier on your chosen dates. The price you paid is the same whichever Tier you are allocated, so no refund is due.
10.2 No administration charge applies to requests made within 30 minutes of your reveal. Requests made after 30 minutes are amendments under clause 9.1 and are subject to the administration charge of £50 per person, plus any difference in cost.
11. If You Cancel Your Holiday
11.1. Once you have paid for your booking it becomes non-refundable and if you cancel you will not receive any money back.
If you or anyone on your holiday booking wishes to cancel the holiday, the lead passenger must notify us in writing (including by e-mail). Any notification by telephone will take effect at the time given provided that it is confirmed in writing by the lead passenger within 24 hours.
11.2. Insurance premiums and amendment charges are not refundable in the event of cancellation.
11.3. You can cancel your booking before it has started without paying cancellation charges if the performance of your holiday, or travel to your destination, is significantly affected by unavoidable and extraordinary circumstances at your destination or in its immediate vicinity which prevent the performance of your Package.
11.4. If you have bought a holiday via a daily deal website through one of our affiliates once the booking has been redeemed, our Booking Conditions apply as standard. 100% cancellation charges will apply if you wish to cancel at any time.
11.5 You acknowledge and accept that the destination and certain components of your Mystery Holiday are allocated in accordance with the Tier allocated under clauses 2.3 and 2.8. A request to cancel and/or a dispute will not, by itself, be treated as valid solely because you dislike the allocated destination/Tier or prefer different arrangements.
12. If We Change Or Cancel Your Holiday
12.1. Accuracy of Information
We rigorously check the information given in our advertising to ensure that it is correct to the best of our knowledge at the time of issue. However, we cannot guarantee the accuracy of the descriptions of the travel products displayed. Facilities may have changed from those advertised or be unavailable. Hoteliers and other suppliers may wish to maintain or improve their facilities, or take a break themselves. Tour, excursion, cruise or safari itineraries may change as a result of local conditions.
We will always endeavour to advise you of any significant changes that we are made aware of prior to your departure.
12.2. Building Works
Many hotels and resorts are continuing to develop, sometimes intensively and often with little or no advance warning. Whilst we have no control over such work, it is important to us that you are aware of any significant building work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards but if we are informed of works which might reasonably be expected to seriously impair the enjoyment of your holiday, we will notify you as soon as possible.
If We Change Or Cancel Your Holiday Before Your Departure
12.3. We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers, such as airlines and hotels, over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to change or cancel your holiday at any time. If we have to make a significant change or cancel, we will tell you as soon as possible.
12.4. A significant change includes a change of accommodation to that of a lower standard for the whole or a major part of your time away, a change of flight time of more than 12 hours, a change of UK departure airport (except between London airports), or a significant change of resort area. Examples of insignificant changes include alteration of your flights by less than 12 hours, changes to aircraft type, changes of carriers, change of accommodation to another of the same or higher standard,
12.5. We will only cancel your confirmed booking after you have made full payment where we are forced to do so by unavoidable and extraordinary circumstances (see 12.9) or if the minimum number of clients required for a particular travel arrangement is not reached.
12.6. If we cancel your holiday you can choose either to have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
12.7. Where there has been a significant change to your holiday we will offer you the choice of:
• accepting the changed arrangements; or
• accepting alternative travel arrangements, if available (we will refund any price difference if the alternative is of a lower value); or
• cancelling, in which case you will receive a full refund.
We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
12.8. If we have to make a significant change or cancel we will pay you the compensation set out in the table below, unless:
• we are forced to make a change or cancel by unavoidable and extraordinary circumstances (see 12.9);
• we cancel as a result of your failure to comply with any significant requirement of these booking conditions (such as making payment on time).
Time of significant change or cancellation (days prior to departure) Compensation per person
More than 60 days Nil
60 – 42 days £10
41 – 33 days £20
32 – 15 days £30
14 days or less £40
No compensation is due for changes that are not significant changes.
12.9. Unavoidable and extraordinary circumstances
We shall not be in breach of our contract with you nor liable for delay in performing, or failure to perform, any of our obligations under our contract with you if such delay or failure results from a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken (“unavoidable and extraordinary circumstances”), including but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire or unavoidable technical problems with transport.
13. On Holiday
13.1. Flight Delays
When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. Such arrangements will normally be the responsibility of the airline. If you have taken out a travel insurance policy you should have cover against delays.
13.2. Cutting Your Holiday Short
If you return home early where a problem with the services provided does not reasonably justify it, we will not offer you any refund for the part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment.
Behaviour
13.3. If in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger or upset or persistently affect the enjoyment of others, or to cause damage to property, we reserve the right to terminate your holiday. Should this happen no refund or compensation will be paid and we will have no further responsibility for your holiday arrangements (including any return travel).
13.4. You will be responsible for all damage you cause to any vehicle, accommodation or their contents during your holiday. These charges may need to be paid locally.
13.5. Additional assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault.
13.6. Representative Services
Please note we do not have representative services available in all the destinations we feature and therefore you will not be met on arrival. Please ensure you refer to your travel documents which will provide the appropriate contacts details should you need assistance whilst on holiday.
13.7. Airline failure
In the unlikely event that the airline with which you are traveling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
13.8. Charges payable locally
All mandatory charges including resort charges, and city taxes that are payable locally will only be calculated when your holiday has been allocated, but we will advise you at the time of your calendar date selection that these charges may apply to your booking. Once your destination is confirmed we will advise you of any additional mandatory charges that you will need to pay locally and to who. Please ensure you have sufficient local currency available at your destination.
14. Our Liability to You
14.1. Please read this clause carefully as it sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with our contract with you.
14.2. We are responsible for the performance of the travel services included in your package travel contract, irrespective of whether those services are to be performed other travel service providers (our suppliers). If any of the travel services are not performed in accordance with the package travel contract and we don’t put that right we may be liable to offer you compensation, but within the limits of the law and the terms of our contract with you.
14.3. Nothing in these booking conditions shall limit or exclude our liability for:
14.3.1. death or personal injury resulting from negligence; or
14.3.2. fraud or fraudulent misrepresentation; or
14.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
14.3.4. any other liabilities for which it would be illegal or unlawful for us to limit or exclude that liability.
14.4. We shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any damage, expense, cost or other sum or claim of any description whatsoever which results from:
14.4.1. your acts or omissions; or
14.4.2. unavoidable and extraordinary circumstances (see 12.9)
14.5. Without prejudice to clauses 14.3 and 14.4, our total liability arising under or in connection with our contract with you, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to a maximum of three times the cost of your travel arrangements.
14.6. Our liability will also be limited in accordance with and/or in an identical manner to:
14.6.1. The contractual terms of our suppliers (such as airlines, accommodation or transport providers) that provide your travel arrangements. These terms are incorporated into this contract; and
14.6.2. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage.
We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
14.6.3. Copies of the transport companies’ contractual terms, or the international conventions, are available on request.
14.7. Under EU Regulation 261/2004 (and the UK equivalent) 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 will be publicised at EU and UK airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions.
If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
14.8. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
15. If You Have A Comment or Complaint
15.1. If you have a complaint about any of the services included in your holiday, please inform our local agent or notify the supplier of the service in question (e.g. hotelier). If your complaint is not resolved locally, please contact us through our In Resort Team on +44 203 763 5986 and we will endeavour to put things right.
15.2. If you do not make your complaint as soon as possible while on holiday, this will affect our ability to investigate and take remedial action and this may affect your rights under your contract with us.
15.3. If a problem remains unresolved during your holiday, you must make a complaint in writing to us within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number.
15.4. We are a Member of ABTA, membership number Y6858. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
16. Privacy notice
16.1. We are committed to respecting your privacy and protecting your personal information. Our privacy notice is available on our website.
17. Governing Law
17.1. Your contract with us and any dispute or claim arising out of or in connection with it shall be governed by the law of England and Wales.
17.2. You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract between us.