booking terms and conditions
THIS TOUR CONFIRMATION, ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) is entered into by Atlas Adventures (the “Agency”) and you, (the “Participant”).
SECTION A
GENERAL TERMS
Parties & Terms. Blonde Atlas is brought to you by ATLAS ADVENTURES INTERNATIONAL LIMITED registered in England with Company number 14207897 trading as Blonde Atlas. All bookings are made with ATLAS ADVENTURES INTERNATIONAL LIMITED and all our Affiliates including Atlas Adventures LLC, and shall include references to “Atlas Adventures,”,"Blonde Atlas",”The Agency”, "we", "us", or "our". These Terms & Conditions apply to all Bookings and tour specific terms (collectively, the "Terms") govern your access to, and use of, any services that we may offer from time to time (together with our website, our "Services"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. If you do not agree to these Terms, please refrain from using our Services. You consent to our use of personal data in accordance with our Privacy Policy. If you are booking on behalf of others, you confirm you have the authority to do so and you are 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); You are over 18 years of age and declare that you and all members of the party are of the appropriate age to purchase those services; You accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking. Certain statutory provisions are incorporated by statute where our Service is deemed to be in the capacity of Package Organiser in which case the Terms of Section B shall apply), or Agent (in which case the terms of Section C shall apply. The General Terms in Section A applies to all Bookings and are to be read in conjunction with Sections B or C respectively and in the event of a conflict between the terms Sections B or C as the case may be shall prevail.
Agency. Our Services include goods and services provided by third parties. Please note that we are not responsible for the offerings of third parties. Agency is an independent travel agent, and makes arrangements and will refer participants to travel industry suppliers, or arrange services for Agency tours that are not employees or agents of Agency, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment and tours (collectively the “Tour Companies”) or utilise Tour Companies for certain activities. Agency does not supervise the operations of these Tour Companies and cannot be responsible for the accuracy of the information supplied by the Tour Companies, rates, scheduling changes, the services or goods provided, the operations of the Tour Companies or the negligence of the Tour Companies and Agency disclaims any responsibility or liability therefore. Agency makes no warranties, express or implied, with respect to any services provided by the Tour Companies. It is the responsibility of these Tour Companies, and not of Agency, to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services.
Our Booking Procedures. We will work with you to put together an Itinerary for your Trip/holiday. We will then provide a quote based on the final agreed Itinerary which will include a payment schedule for your holiday. A booking is made with us when you agree to the quote, you pay us a deposit or full payment and we issue you with a booking confirmation. A binding contract between you us comes into existence when we despatch the booking confirmation to the first named person on the booking. Following the booking confirmation, we will issue a full pre-departure Itinerary to you. This will contain all the information you need to prepare for your holiday, including details such as the complete final itinerary, packing checklist, required documents, transfer times reading list and shall be sent to you either electronically or via an app. We will also send you a final balance invoice, setting out the remainder of your payments (if any) due. 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. The booking information that you provide to us will be passed on only to the relevant Supplier of your arrangements or other persons necessary for the provision of your arrangements. The information may only be provided to public authorities such as customs or immigration if required by them, or as required by law and in accordance with our Privacy Policy. Bookings may be made through our online registration system. The deposit and payment schedule for the Trip is listed on the registration page. Please carefully review the deposit and payment schedules, as well as the cancellation terms. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing. Bookings may be made through our online registration system. The deposit and payment schedule for this trip is listed on the registration page. Review the deposit and payment schedules, as well as the cancellation terms carefully. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing. We strive to ensure that all information and prices provided to you are accurate. However, occasionally changes and errors do 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.
Deposit requirements for Packages:
Initial deposits are non-refundable & non-transferable under any circumstances.
61 days or more before the trip, 40% of the tuition is refundable (excluding deposit amount)
31 to 60 days before the trip, 25% of total tuition is refundable (excluding deposit amount)
30 days before the trip no tuition will be refunded.
Itineraries: We are the owner of all developed and advertised Itineraries. By booking a trip with us, paying a deposit or agreeing to these terms, you accept all of the terms in this agreement on your own behalf and direct us to perform services for each and every Traveller. Participants understand that the included itinerary for this Tour is a general guideline of what can be expected on the Tour but is NOT contractually binding as to the details of the itinerary. Factors such as weather conditions, mechanical breakdown, flight cancellations, medical emergencies, political unrest, natural disasters or other uncontrollable circumstances can alter this Tour. Participant will not hold Agency responsible for extra costs incurred by Participant which include, but are not limited to: extra meals, accommodation, personal costs, or re-booking of commercial transportation in the event of unforeseen or uncontrollable circumstances.
Participant’s Identity: The information (address, passport details, emergency contact, etc.) of Participant is accurately entered as listed. You must be exact when you provide details to us as travel documents are likely to be invalid if there are mistakes. Please check that all names, dates and timings are correct and advise us of any errors immediately. Any changes to these details will likely incur charges which will be your responsibility. Please ensure that the names given to us for your booking are the same as in the relevant passport.
Behaviour: You will be expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier (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 reserve the right to terminate your booking immediately. In the event of such termination our liability (or the Supplier’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 accommodation, transport, or other arrangements immediately. Neither we nor the Supplier 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 can be held responsible for the actions or behaviour of other customers or individuals who have no connection with your booking arrangements or with us.
Exclusions: Our Services include recommending and procuring bookings for restaurants, travel, events and related items. Our Services may change from time to time without notice. You are solely responsible for your use of the Services. You may use the Services only if you are at least 18 years of age. We do not knowingly market our services to children. You may only enter a binding contract with us if you are able to abide by and comply with these Terms. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Our Services are designed for your personal use only. Participants will participate in the Tour offered by the Agency (the “Tour”), described in the Booking Confirmation Form. Participants understand that the included itinerary for this Tour is a general guideline of what can be expected on the Tour but is NOT contractually binding as to the details of the itinerary. Factors such as weather conditions, mechanical breakdown, flight cancellations, medical emergencies, political unrest, natural disasters, or other uncontrollable circumstances can alter the Tour. Please remember that members must remain responsible for their own dietary requirements at all times. If you have specific requirements that will need to be communicated to any restaurant or other service provider, please do so.
Delays, Extra Costs & Cancellation Policy. Participants have been advised of the Agency’s Cancellation Policy, which may be found on the Agency website at: http://www.blondeatlas.com/atlas-adventures-cancellation-policy. Participants understand that there may be delays and sudden change of schedules and/or cancellation of schedules before or during the Tour. While reasonable care will be taken in selecting transportation, accommodations, and event, Participants understands that cancellations by Tour Companies, breakdowns, and delays may occur. Participants understand that circumstances may arise such that Participants might be asked not to go on the Tour or to return early, or delays or changes in the Tour schedule may occur and that only those monies refunded to Agency by third party Tour Companies, or still in the possession of Agency will be refunded to Participants. Participants will not hold Agency responsible for extra costs incurred by Participant which include, but are not limited to: extra meals, accommodation, personal costs, or re-booking of commercial transportation in the event of unforeseen or uncontrollable circumstances.
Insurance: All Participants must acquire comprehensive travel insurance to protect themselves against unforeseen travel issues and risks such as inability to participate in the tour, travel/tourism bankruptcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation and other emergency transportation in the event they are unable to travel (be it for contracting COVID, or any other reason). The travel insurance must at a minimum cover you and your party against the cost of cancellation; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; medical requirements; and other expenses, from the point of booking until the completion of your trip. Atlas Adventures cannot assume liability for such reasons. Any cancellations by you will result in the loss of your deposit and other monies paid to us for your trip. In the event a participant needs to cancel, it is mandatory for the participant to notify Atlas Adventures by email (theblondeatlas@gmail.com). We strongly recommend purchase of travel insurance from our preferred supplier (insert link)
Cancellation: Participants understands that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. Conversely, cancellation of any aspect of my travel arrangements may result in financial penalties, in accordance with the Supplier’s cancellation policies.
If the Trip needs to be cancelled for any of the following COVID 19 grounds, we will reschedule. If the participant is unable to attend the new dates, those funds can be used toward any future trip within 2 years, or have the option to sell their spot to a new participant.
Covid Grounds for Cancellation:
- Level 4 Global or Country-Specific Health Advisory (Do not travel) issued by
-US State Department
- Border closures prohibiting non-residents travel in /out of destination country
- Mandatory quarantine upon arrival to destination country.
- Travellers hereby acknowledge that they will be required to sign an additional liability waiver
-Initial deposits are non-refundable under any circumstances.
-Atlas Adventures group trip tuition is not refundable, however travellers may be able to acquire additional insurance to ensure trip tuition may be covered in the event a participant is no longer able to travel.
Participant’s Travel Documents; Travel Expense, Passport & Health Requirements: You must check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. Neither we nor the Supplier, where we act as Agent, accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. Please note that these requirements may change between booking and departure. Participants will review his/her travel documents (and those of any minor children travelling with Participant), including but not limited to passports, drivers licenses, government issued identification cards, and health insurance policies for accuracy and to ensure all are current for the countries included in the Tour, may contact Agency if you have any questions. Participants understand that for U.S. travel, the Transportation Security Administration requires me to carry a government issued identification card in order to board a flight. Boarding an international flight requires a government issued passport from the country of Participant’s citizenship. Participants have been advised that the name, date of birth and gender that appears on his/her identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. Participants acknowledge that failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing you to miss your flight. When traveling internationally, a valid passport is required with a minimum validity of six months from the scheduled return date and depending on the destination and nationality, a visa may be required. It is the responsibility of the Participants to inquire with the appropriate sources, if any visa is required, and to make the appropriate arrangements to obtain such visa. Passport and visa information may be obtained by contacting the Travel Advisory Section of the U.S. State Department at 202 / 647.5225, or its Traveller’s Hotline at 1 888 / 407.4747 or by visiting the State Department's Web site at travel.state.gov. Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC's Web site at www.cdc.gov. Agency is not responsible for the issuance of travel identification such as passports and/or visas and all participants in the Tour should ensure they have or have been approved for the appropriate documents before purchasing the Tour. 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 passport, visa, immigration requirements or health formalities.
Acknowledgement of Risk: Participant understands that travel within the United States and international travel includes certain inherent and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, acts of God, global pandemics, terrorism, civil unrest, hazards of travel in difficult terrain, weather (including mudslides, rockslides, hurricanes, monsoons), altitudes, travel by air, motor vehicles, or other conveyance, exposure to disease, drowning, accidents, bites, and the negligent acts or omissions of the Agency, its shareholders, managers, employees, agents, subcontractors, Tour Companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on the Agency’s behalf. Participant further acknowledge that the forces of nature, crime, civil unrest and personal injury or illness in remote areas without means of rapid evacuation or adequate medical care or supplies are risks which exist in international travel. These risks cannot be eliminated, and Participant willingly assumes these risks. Participant understands that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to Participant or to third parties. Participants understand the physical requirements of the activity in which they may be participating, and Participant currently has no known physical, medical or mental condition which would impair his or her ability to participate in this Tour or Participant’s safety in this activity, or else Participant is willing to assume all risks that may be created, directly or indirectly, by any such condition. Participants hereby authorise Agency and the Tour Companies to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this Tour without my further consent. Participant certifies that he/she has adequate insurance to cover any injury or damage they may cause or suffer while participating, while inside and outside the United States of America, or else agree to bear the costs of such injury or damage myself and all related costs, such as evacuation, etc.
DISCLAIMERS
This section of the terms is important, and you should read it carefully. Except as expressly provided in these Terms, we disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Services, whether express or implied. Travel to certain international destinations referred to on the Services may carry more risk than others. By listing information related to such destinations, we do not represent or warrant that travelling to such destinations is safe, recommended or without risk, and is not liable to you for any loss that arises from travel to such destinations. We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you). You should always check the suitability of any third party with whom you deal, including your agreement with their terms and conditions.
LIMITATION OF LIABILITY
This section of the terms is important, and you should read it carefully.
Release of Liability; Indemnification: Understanding the risks described in this document, Participant agrees for himself/herself, all my family, including my spouse, minor children, and heirs and representatives to release, insofar as to the extent as is permissible by law, the Agency, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, Tour Companies, all other participants in the Tour, and all other persons or entities acting in any capacity on Agency’s behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF AGENCY OR ANY OF THE TOUR COMPANIES), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in the tour, AND PARTICIPANT AGREES THAT PARTICIPANT, HIS/HER FAMILY AND HIS/HER HEIRS WILL NOT SUE AGENCY OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND PARTICIPANT INTENDS THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM AGENCY’S NEGLIGENCE.
If Participant, or anyone on his/her behalf, files a lawsuit or otherwise makes a claim against Agency, Participant agrees to indemnify Agency and pay all damages, costs, fees, expenses and legal fees and expenses (including experts) incurred by Agency in defending such a lawsuit or such claims. In no event will Agency’s liability to a traveller be greater than the amount of the fees paid by the traveller to Agency for the Tour, even if the amount of damages suffered by the traveller may be greater than this amount. Furthermore, in no event will Agency be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
To the maximum extent permitted by applicable law, we will not be liable for any loss to you which was not a reasonably foreseeable consequence of our breaching these Terms or otherwise failing to use reasonable skill and care in our provision of the Services. In no event shall our liability to you exceed the cost of your Booking. We shall not be liable for loss to you which was caused by the actions or omissions of any third party (including any third party to whom we may have introduced you). We provide our Services for private use only and we are not liable for business losses, including loss of profits, sales or contracts, loss of income or revenue; loss of business opportunity or goodwill or reputation or wasted management or office time.
Nothing in these terms shall affect your statutory rights as a consumer or limit or exclude our liability for personal injury or death caused by our negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under law. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you, and you might have additional rights.
YOUR LIABILITY TO US
This section of the terms is important and you should read it carefully.
You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defence of claims, suits or proceedings brought by third parties)) and expenses suffered or incurred by us arising out of or in connection with your unauthorised use of the Services, your breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.
Special Requests: We are not a specialist disabled holiday company. We will, however, use all reasonable efforts 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 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 may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Trip or holiday. 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. You must advise us of any special requests at the time of booking e.g., diet. You should then confirm your request in writing. Whilst every effort will be made by us (or the Supplier, 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 booking confirmation or any other documentation or that it has been passed on to the supplier is not confirmation that the request will or can be met. We do not accept bookings that are conditional upon any special request being met.
Excursions or other tours that you may choose to book or pay for whilst you are on the holiday are not part of our contract. For any excursion or other tour 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, 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.
Events Beyond Our Control: We (or the Supplier, 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 Terms, this means events beyond our, the Supplier 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, epidemics or pandemics (including the ongoing effects of Covid-19) or lockdowns 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, lockouts, closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events.
Privacy / Data Protection: Agency shall comply with all applicable the Data Protection Laws with respect to the processing of your Personal Data. You warrant that you have the legal right to disclose all Personal Data connection with the Agreement. You shall only supply and the we shall only process personal date for the purposes of providing the Services and after termination or expiry of the Agreement insofar as is necessary. The Agency may transfer to third party processors and internally to its own employees, officers and facilities providing that such transfers must be protected by appropriate technical and organisational safeguards.
Warranty of Parent or Guardian: With respect to any minor child listed in this Agreement, Participant warrants that he/she am the parent or guardian of such child and that he/she has the authority to make decisions as to his/her child’s participation in activities such as this Tour. PARTICIPANT HEREBY CONSENT TO HIS/HER CHILD PARTICIPATING IN THE TOUR, AND PARTICIPANT UNDERSTANDS AND AGREES THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH PARTICIPANT AND PARTICIPANT’S CHILD.
Entire Agreement: This is the entire Agreement of Agency and Participant regarding liability for the Tour, which supersedes all prior statements, representations or warranties, oral or written, express or implied.
Consent to Publication: Participant consents to having any photograph of Participant or Participant’s family members used, published or sold (without compensation to Participant or them) by AGENCY.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement shall be enforceable to the maximum extent permitted by law. Each of the paragraphs of these terms operates separately.
Governing Law & Jurisdiction; Venue: Participant agrees that the interpretation of this Agreement or of any other aspect of Participant’s relationship with Agency shall be governed by the laws of England. Any legal action shall only be brought in the English Courts.
The Agency furnishes travel plans, organised tours, and activities for individuals and companies. In consideration of the Agency permitting Participants to voluntarily participate in the Tour (or in the event the Participant is a minor, the parents or guardians of the minor) agree to the terms and conditions in this Agreement. Agency is not the source or supplier of the requested travel services; it acts solely as an agent for the actual Suppliers services provided. Our Services include booking services with businesses which are operated and owned by third party service providers or retailers. If you request us to book services with such third parties, you will be bound by their terms and conditions so please check these carefully as we have no responsibility or liability in relation to the terms and conditions which may apply in such circumstances. Any third parties may charge a fee for their services, for which we will have no liability. We are not responsible for any content or other information provided by any third party. Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser or as a booking Agent to help you arrange or book holiday products or packages sold by a third-party tour operator/supplier (“Supplier”). Our differing obligations are set out below, in the following separate sections:
Acceptance of Conditions of Suppliers: Many of the services which make up your Trip/holiday 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 and may set out additional cancellation terms. Copies of the relevant parts of these terms and conditions are available on request from us or the Supplier concerned.
Our General Terms in Section A contains the conditions that will apply to all Bookings you make with us;
Section B contains the conditions that will additionally apply when you make a Package booking with us, where we are the Package Organiser;
Section C contains in the alternative the conditions which apply to bookings where we act as an Agent on behalf of the Supplier.
SECTION B: PACKAGE BOOKINGS
1. This Section B only applies to Packages booked with us, where we are acting as the Package Organiser. Please read this section in conjunction with Section A of these Terms. It is unlikely that we will be deemed to have provided a Package booking for you, but these terms are provided for completeness and will apply in such circumstances.
2. 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, to the extent applicable only, 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 Terms and Conditions. Broadly, 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; (b) accommodation, (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 (unless purchased after other services have started or account of less than 25% of the value of the arrangements are not advertised as an essential feature of the Package, where such 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. Bookings which don’t create a Package (because they are a travel service which doesn’t meet the criteria of the section above) will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs.
3. Pricing of Packages: We reserve the right to amend the displayed price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in energy prices, taxes or similar fees and/or exchange rates. 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 holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday 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 holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50 per customer. 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 protections in place.
There will be no change made to the price of your confirmed Package holiday within 20 days of your departure nor will refunds be paid during this period.
4. Cutting Your Package Holiday 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 holiday 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 holiday not completed or be liable for any associated costs you may incur.
5. 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 £50 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.
6. 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 certain conditions: that person is introduced by you and satisfies all the conditions applicable to the holiday; we are notified not less than 7 days before departure;you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and the transferee agrees to these Terms and all other terms of the contract between us.
7. 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 below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
8. Important Note: Certain arrangements may not be amended or transferred after they have been confirmed (for example, scheduled airlines normally regard name changes as a cancellation and rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
9. 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 and will be effective from the date on which we receive it. 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
Initial deposits are non-refundable & non-transferable under any circumstances.
61 days or more before the trip, 40% of the tuition is refundable (excluding deposit amount)
31 to 60 days before the trip, 25% of total tuition is refundable (excluding deposit amount)
30 days before the trip no tuition will be refunded.
10. Please note that amendment charges are not refundable or transferable in any circumstances. 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. 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.
11. Where you are a customer resident in the United Kingdom, you have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. 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.
12. If We Change or Cancel Your Package Holiday: We may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent 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 alteration of your outward/return flights by less than 12 hours, changes to aircraft type, a change of accommodation to another of the same or higher standard and changes of carriers, changes to transport supplier and/or changes to the type of vehicles used. 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 arrangements by more than 12 hours.
A significant change to your itinerary, missing out one or more destination entirely.
We will not cancel your Package holiday less than 60 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 holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
13. 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 (for significant changes) accepting the changed arrangements, having a refund of all monies paid or if available and where we offer one, accepting an offer of an alternative holiday (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.
14. In addition to a full refund of all monies paid by you, we may pay you compensation of £100, if we cancel your booking less than 60 days prior to the start and no alternative arrangements are available and/or we do not offer one.
15. 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.
16. Complaints: We make every effort to ensure that your Package holiday arrangements run smoothly. It is important to us that we are given the chance to resolve any issues that you may encounter during your holiday so they do not affect the rest of your trip. If you do have a problem during your holiday, please inform the relevant supplier (e.g., your hotelier) immediately who will endeavour 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. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
17. Our Sole Responsibilities to You in respect of Package Holidays: To the extent applicable only, 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. We shall have no further liability to you subject to these Terms. 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 holiday 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. 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.
18. 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 the acts and/or omissions of the person affected, 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 Events Beyond Our Control. The maximum amount we will have to pay you in respect of claims relating to luggage, personal possessions and money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total. The maximum amount we will pay otherwise (provided that they do not involve injury or death) is up to three times the price paid by or on behalf of the person affected. 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). 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 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. 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. 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 our complaints procedure. 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.
19. Prompt Assistance for Packages: If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. We will not, however, 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 Terms, 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: AGENCY BOOKINGS
1. This Section C applies to bookings we make for you when acting as Agent in the sale of a single service (i.e. an accommodation only booking or Package holiday bookings on behalf of the Supplier who is acting as the Package Organiser). Please read this section in conjunction with Section A of these Terms.2. Your Supplier contract.We may act as a booking agent to help you arrange or book holiday products sold by the Supplier (e.g., tour operator/airline/cruise company/accommodation company). As Agent we accept no responsibility for the acts or omissions of the Supplier or for the services provided by them. Your will be liable under the specific terms and conditions of the relevant Supplier(s) you contract with and you are advised to read these carefully prior to booking. The Supplier’s terms and conditions may limit and/or exclude the Supplier’s liability to you.
3. Your contract is with the Supplier and its terms 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, if 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 because of our negligence or that of any of our employees whilst acting in the course of their employment
4. Changes & 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 will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier of your arrangements. The Supplier may charge the cancellation or amendment charges shown in their Terms (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 £50 per booking for any amendments to bookings and an administration fee of £50 pp for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
5. Changes & Cancellations by the Supplier. We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed 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 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 under your contract with them.
6. Complaints: Because the contract for your arrangements is between you and the Supplier, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your arrangements whilst using them, this must be reported to the Supplier immediately. If you fail to follow this procedure, there will be less opportunity for the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
