These Booking Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirm your booking, form the basis of your contract with Timeless Tours Ltd, a company registered in England and Wales with company number: 07812962 and registered office address of 18 Athelstan Road, Canterbury, Kent CT1 3UW (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
3. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 15 for further details of where this will be the case) or as a booking agent to help you arrange or book holiday products sold by a third party tour operator/supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:
(A) Section A contains the conditions that will apply to all bookings you make with us;
(B) Section B contains the conditions that will apply when you make a Package booking with us, where we are Package Organiser;
(C) Section C contains the conditions which apply to agency bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a non-refundable deposit of 10% (or full payment by the balance due date notified to you or if you are otherwise booking within 35 days of departure) and we issue you with a booking confirmation either directly from ourselves or on behalf of the Supplier/Principal, where we are acting in an agency capacity (please see Section C for further details).
A binding contract between you and the Supplier/Principal (where we are acting as an agent) or between you and us comes into existence when we despatch the booking confirmation to the first named person on the booking.
Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
2. Accuracy
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.
3. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see clause 15 for further information.
4. Insurance
Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. You will not be able to join a tour if you have not provided us with details of your insurance or if you arrive without cover in place (no refunds will be given in these circumstances).
If you plan to arrange a hot air balloon flight locally, or any of the other optional excursions available, you are advised to check that your policy provides adequate protection. Some of our optional excursions as well as some of the activities included on your tour may not be covered under standard travel insurance policies. You must check that your policy covers you for all the activities that you plan to participate in, noting that some of these may be deemed higher risk.
Specifically for hot balloon flights, please also check that your policy covers you for the maximum altitude you will reach and that full cover, including emergency evacuation is provided at that altitude.
If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we are acting as an agent) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.
6. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as an agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
7. Accommodation – Star ratings
Star ratings displayed on our website or in any promotional material we publish are used to give an idea of the overall quality and level of standards of each hotel or accommodation. These ratings are based on criteria including the range of facilities, the quality of furnishings, the quality and range of food outlets and the overall level of service. Accommodation will range from 2 star, where you should expect simple accommodation with limited facilities, to 5 star accommodation which is likely to have a greater range of facilities at higher standards. Please note that ratings may be different to ratings that you would expect in your own country, as they vary significantly by country and often, within countries and also note that not all countries have rating systems. We cannot guarantee the accuracy of any ratings given.
8. Disabilities and Medical Problems
We are not a specialist disabled tour company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us (or the Supplier/Principal where we are acting as agent) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.
Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
9. Entry, Visa, Passport and Health Requirements
It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.
10. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, and that means you will be unable to meet the start or any other part of your tour, you must contact us immediately. As our tours run to strict timings and can include other time sensitive elements, such as rail travel, if you are delayed or you miss any transport arrangement outside of your tour package with us, and this affects your ability to participate in any element of your tour, we reserve the right to pass on any costs incurred in making alternative arrangements for you. You must ensure that you have adequate insurance in place to cover for these eventualities.
11. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an agent) or in the opinion of any hotel manager, property owner, or any other person in authority, your behaviour or that of any member of your party 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, we / the Supplier/Principal reserve the right to terminate your booking immediately.
In the event of such termination our liability (or the Supplier/Principal’s where we act as agent) to you and/or your party will cease and you and/or your party will be required to leave your tour, accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
12. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
13. Conditions of Suppliers
Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
14. Excursions
In-resort – Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with us. For any of these excursions or other tours that you book, your contract will be with the operator of the excursion or tour and not with us. Although we may recommend certain suppliers to you (e.g. ski hire, childcare), we are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Pre-bookable Excursions – where you choose and book or pay for an excursion with us, prior to departure, your contract will be with us and where your excursion is booked alongside a Package tour, it will form part of your package arrangements with us. Please note that whilst every care is taken to ensure the safety of these excursion arrangements you book through us, due to the nature of some of these arrangements, an element of risk will still exist. By making a booking with us, you are deemed to understand and accept this risk. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with all relevant safety information.
Please note that minimum number requirements will apply to all excursions.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 15 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
15. Definition of a Package
Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:
(a) transport; or
(b) accommodation; or
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and
(d) any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
– do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
– are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Conditions for the terms applicable to such arrangements.
16. Pricing of Packages
We reserve the right to amend the price of unsold tours at any time and correct errors in the prices of confirmed tours. We also reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable to the tour imposed by third parties not directly involved in the performance of the tour, including tourist taxes.
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed tour (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another tour if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £60 per booking. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed Package tour within 20 days of your departure nor will refunds be paid during this period.
17. Cutting your Package Tour short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your tour not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
18. If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £60 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 19.
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the tour;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an amendment fee of £60 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
d. the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 19 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
19. If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Please note that deposits are non-refundable in all circumstances given the initial costs incurred by us in making your booking.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us Cancellation Charge
More than 60 days Deposit only
From 59 to 31 days 40% of tour cost
30 days or less 100% of tour cost
Please note that amendment charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your tour destination/s or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination/s. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 19 outlines the rights you have if you wish to cancel your Package tour booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
20. If We Change or Cancel your Package Tour
As we plan your tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your tour, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include a change of accommodation to another of the same or higher standard, changing the order of the tour itinerary (without affecting the destinations and included experiences), replacing one or more destinations or included experiences with comparable alternatives.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
– A change of accommodation area for the whole or a significant part of your time away.
– A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your tour by twelve or more hours.
Important Note: Some of the activities that form part of our tours may be dependent on specific weather conditions. Where conditions are not favourable, we will make every effort to either adapt the activities or provide an alternative and we reserve the right to make such changes where we deem necessary. Any such changes will be deemed minor in nature. Where we are still able to offer the core tour, no compensation will be payable. Any customers wishing to change or cancel, may do so only in accordance with these Booking Conditions.
Cancellation: We will not cancel your Package tour less than 35 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your tour before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
Minimum numbers are required on some of the excursions that form part of our tours. We will advise you what the minimum numbers are at the time of booking and we will notify you if the minimum numbers have not been reached as follows:
• For tours lasting more than 6 days – no less than 20 days before the start of the tour
• For tours lasting between 2 and 6 days – no less than 7 days before the start of the tour
• For tours lasting less than 2 days – no less than 48 hours before the start of the tour
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii if available and where we offer one, accepting an offer of an alternative tour (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you Amount you will receive from us per person*
More than 45 days Nil
Between 31 and 44 days £20
30 days or less £40
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements more than 35 days before departure;
(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 5).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
21. Complaints
We make every effort to ensure that your Package tour runs smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your trip, this means addressing any issues immediately and carefully so they do not affect the rest of your tour. If you do have a problem during your tour, please inform one of our guides in the first instance. If a guide is not available, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavor to put things right. If your complaint is not resolved locally, please contact us using the emergency contact numbers provided within your travel documents so that the problem can be resolved as quickly. You can contact us on +44 2036646591
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at: info@timeless.tours , ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
22. Our Responsibilities to You in respect of Package Tours
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your Trip Notes document. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your Trip Notes document.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Events Beyond Our Control (as defined in clause 5).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(c) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(d) Claims in respect of international travel by rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements) and The Berne/Cotif Convention (with respect to rail travel). You can ask for a copy of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package tour you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(6) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business:
(c) indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your tour. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
23. Insolvency Protection for Package Tours
The Package Travel and Linked Travel Arrangements, Package Holidays and Package Tours Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked with the Company and for the repatriation of British and EU citizens in the event of our insolvency.
We are therefore pleased to confirm that, at no extra cost to you, all passengers booking with the Company are fully protected for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation invoice. This protection is provided via the ‘Protected Processing’ and ‘Protection Only’ schemes operated by Trust My Travel Ltd. Funds paid by consumers are protected via an insurance policy held by Trust My Travel. Each traveller and the description of services sold is declared against Trust My Travel’s insurance policy directly against our financial failure. In the event of our insolvency, you will be refunded for any unfulfilled products and/or repatriation to the UK (where applicable). Your email receipt is confirmation to you that your transaction has been declared against Trust My Travel’s insurance policy.
All bookings processed through this website are financially protected by Trust My Travel. Please use the following links for more information on Trust Protects financial protection and Trust My Travel’s terms and conditions which form part of this contract.
Bookings for packages including flights:
We do not sell packages including flights departing from the United Kingdom. Flight based packages may be made available from other international destinations. Financial protection for any flight inclusive packages will cover the land portion of the booking only and not the airline ticket or airline failure.
In order to deal promptly with any claim hereunder it is essential that you retain all confirmation invoices, receipts, and other documents relating to your travel arrangements. Claims must be submitted within six months of date of insolvency through Trust Protects.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: The Package Travel and Linked Travel Arrangements Regulations.
If you book arrangements other than package tour from us, your monies will not be financially protected. Please ask us for further details.
24. Prompt Assistance for Package Tours
If you have booked a Package and whilst you are on your tour, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
SECTION C: SINGLE SERVICE, AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.
25. Your Contract with the Supplier/Principal
Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation provider) of your chosen travel arrangements, as specified in your confirmation invoice.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
26. Payment
If you have paid a deposit, you must pay full balance by the balance due date notified you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for travel arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.
27. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements.
The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £60 per booking for any amendments to bookings and an administration fee of £60 for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
28. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
29. Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
30. Complaints
Because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
