Rickshaw Travel Booking Conditions
Version 2 - May 2013
The following booking conditions together with the applicable general Information shown on our website form the basis of your contract with Rickshaw Travel Limited (registered in England and Wales with company number 6355212, registered office (not for correspondence) 5-7 John Princes Street, London W1G OJN). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume you have read these booking conditions and agree to them.
These booking conditions only apply to holiday arrangements which you have booked through the U.K. office of Rickshaw Travel and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour”, “arrangements” or ''Travel Plan' mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Rickshaw Travel Limited.
We will communicate with you by e-mail in relation to your booking. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone if we cannot, for whatever reason, contact you by e-mail. References in these booking conditions to “send” and “in writing” refer to communication by e-mail.
1. Making your booking
To make a booking, please complete and submit the booking form on our website. This should be completed and submitted by the party leader, who must be aged 18 or over and is defined as the first named person on the booking form. By submitting the booking form, the party leader confirms that he/she is authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by the parent/guardian for any party members who are under 18 when the booking is made. The party leader is responsible for ensuring that all payments due to us are made on time.
You will need to pay a deposit at this time (see clause 2 below). When your deposit has been received, we will send you a ‘payment receipt’, followed by a separate ‘booking acknowledgement’ in receipt of your booking form. Subject to us being able to confirm your arrangements, we will then send you a ‘booking confirmation’ in which we confirm that your requested trip has been booked, details of your payments received so far and the due date of any outstanding balance. It is at the point when we issue the booking confirmation to you that a valid contract will come into existence between us. If the arrangements requested on your booking form are not available, we will contact you to discuss alternative arrangements. We will only refund your deposit if we are unable to confirm your booking as requested, with the exception of minor amendment(s).
Due to the complex / tailor made nature of our bookings it can take up to ten working days between our receipt of your booking form and us sending you a booking confirmation. Please note that it can take longer than ten days to confirm bookings and in these cases we will keep you informed of the reason for the delay and of our progress in confirming your booking. The booking confirmation will be sent to the party leader. Any correspondence we send prior to sending your booking confirmation is not a confirmation of your booking.
Please note we cannot guarantee requests for specific hotels because we sell from a small specially selected pool of hotels. This means that if one hotel is full, we are able to offer another of equal standard. Once your booking is confirmed, we'll send you a comprehensive list of the hotels you'll be staying in.
Once you have received your booking confirmation, please check this carefully and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies, even if we are responsible for them, in any document within 10 days of our sending it out, (with the exception of airline tickets - see next paragraph). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Flight bookings are accepted on the basis that you have double checked the spellings of all travellers’ first and last names are as they appear in each traveller’s passport. Please also double check your travel dates before instructing us to issue e-tickets. If this is not done and airline tickets are issued with incorrect name spellings, middle names instead of first names, flight dates or destinations, it is not uncommon for airlines to impose standard cancellation charges, and insist that a new reservation be made and paid for. We will not be responsible for any costs incurred to correct them. Please note that these costs can be up to 100% of the value of the ticket.
You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to the relevant travel specialist (when travel specialists are absent from work, their incoming emails are monitored by colleagues) unless otherwise instructed by us.
Rickshaw Travel reserve the right in our absolute discretion to refuse to accept any booking.
(i) Ground arrangements (excluding international flights)
Deposit amount payable (% of total Travel Plan value)
Period of time prior to start date of your Travel Plan
3 calendar months or more
1 to 3 calendar months
Less than 1 calendar month
Any outstanding balances will be due three months prior to departure. If booking less than three months prior to departure full payment will be due upon receipt of your booking confirmation. The date by which the balance is due will be detailed on your booking confirmation.
(ii) International flights
Unless otherwise stated, payment in full for your international flights is required upon asking us to make your booking. Please note that seat availability, airfares, taxes and fuel surcharges cannot be guaranteed until the flight tickets have been paid for and issued. Once airline tickets have been issued, cancellation and change penalties apply.
(iii) Reminders are not sent. If we do not receive all payments due (including any surcharges or credit card fees due or overdue where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
3. Your contract
A binding contract between us comes into existence when we send our booking confirmation to the party leader. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question and you wish to use it – see clause 13) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
Please note, changes and errors may occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to correct errors in advertised prices at any time before your holiday is confirmed.
Changes in transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports mean that the price of your travel arrangements may change after you have booked. As a result a surcharge or refund (as applicable) may be payable.
Rickshaw Travel will advise of all mandatory pre-paid taxes payable on your airline ticket. Some countries also charge departure taxes that may only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges.
In the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 9 ‘changes and cancellations by us’. Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday.
You have 14 days from the issue date printed on the surcharge invoice (revised booking confirmation) to tell us if you want to choose option (b) or (c) as set out in clause 9 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
5. Special requests, baggage allowance, medical conditions and disabilities
If you have any special requests, you must advise us at the time of booking and we will pass any reasonable requests on to the relevant supplier. We regret we cannot guarantee requests will be met. Failure to meet any special requests will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
If you are unsure of the baggage allowance on the flights you have booked please contact your travel consultant or the relevant airline.
Please see clause 24 regarding the nature of our holidays.
6. Changes by you
Once we have received your initial deposit we immediately start the process of booking the agreed holiday. Due to the complex / tailor made nature of the bookings we make, this process can take up to ten working days depending on the time of year and destination. Should you wish to make any changes to your trip either after we’ve taken a deposit, but before we confirmed your holiday, or after your holiday has been confirmed you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an administration fee of £25 to £50 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of holiday dates or significant changes that reduce the total value of your confirmed booking by 10% or more will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed. It may not be possible to make changes to certain travel arrangements (for example flights) after booking / tickets have been issued (as applicable) without paying cancellation charges which may be up to 100% of the cost of the arrangements in question.
If any member of your party is prevented from travelling, the person(s) concerned may usually transfer their place to someone else (introduced by you) providing we are notified not less than 6 weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result, together with an administration fee of £150 per person must be paid before the transfer can be effected. Any overdue balance payment must also be received. Please note that names on airline tickets cannot be changed.
Changes which result in the booking being treated as cancelled are subject to the conditions in clause 7.
7. Cancellation by you
If you advise us in writing that you wish to cancel your holiday after we have taken a deposit, but before the holiday has been confirmed the deposit is non-refundable. However if we are unable to confirm your booking as requested, with the exception of minor amendment(s) you are entitled to a refund of your deposit(s).
Should you or any member of your party need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable in relation to cancelled land arrangements. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable of the land arrangement (which may include domestic or regional flights) excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation. Flights may not be changeable or refundable after tickets have been paid for and issued. Cancellation of, or, changes to, flights may therefore incur a cancellation charge of up to 100% of that part of your booking.
Period before holiday start date within which written notification of cancellation is received by us
3 calendar months or more
Loss of deposit(s)
1 to 3 calendar months
Less than 1 calendar month
After departure date
Inca Trail bookings: Please note that if you have booked the Inca Trail as part of your holiday with us, the cost of the Permit is non-refundable irrespective of when it is cancelled. .
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your travel insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate the price and re-invoice the remaining party members accordingly.
See clause 6 “Changes by you” if any member(s) of your party are prevented from travelling.
See clause 25 “Honeymoon contribution accounts” for additional terms.
We consider adequate and appropriate personal travel insurance to be essential. It is your responsibility to purchase an appropriate travel insurance policy which provides sufficient cover to meet your personal requirements in respect of at least cancellation, curtailment, medical expenses (including repatriation by air if necessary), death and personal injury, loss or damage of personal possessions, personal liability and legal expenses. You must also ensure that your insurance will cover you in respect of the activities you intend to undertake, particularly those of a hazardous or unusual nature. Please see our website for further information on travel insurance. When purchasing travel insurance it is vital that you tell insurers about any pre-existing medical conditions when you purchase your policy or of any new medical conditions that arise between the time between the purchase of your policy and the commencement date of your trip. If you fail to do this, any subsequent claim relating to this condition may be rejected.
Please read your policy details carefully and take a copy of your policy with you on holiday. Reputable travel insurers provide a 24 hour medical emergency telephone number. We recommend that you add this number to the contacts in your mobile phone.
9. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in our itineraries, website and other details, both before, and after bookings have been confirmed. On rare occasions, it may be necessary to change or cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your booking after it has been confirmed where we are forced to do so as a result of circumstances outside our control such as "force majeure" (see clause 10), or where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, where your holiday includes international flights from the UK, a change of outward departure time from the UK of twelve or more hours or a change of UK departure point (except as between Gatwick and Heathrow or between Edinburgh and Glasgow airports) to one which is less convenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean you are paying more if it is more expensive or receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
If we have to make a significant change or cancel we will as a minimum, where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except as specified in clause 20 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.
Period before holiday start date that a significant change
or cancellation is notified to you
Compensation per person
3 calendar months or more
1 to 3 calendar months
Less than 1 calendar month
Please also see clause 21 “Delay and Denied Boarding Regulations”.
In the unlikely event, if after you depart that we become unable to provide a significant proportion of the services you have booked, for reason other than “force majeure” we will make alternative arrangements for you at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to the point where your holiday arrangements with us commenced. Very rarely, we may be forced by "force majeure" (see clause 10) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure". In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, strikes, civil strife, terrorist activity, industrial dispute, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, natural or nuclear disaster, adverse weather conditions, tidal events, epidemics/pandemics, volcanic eruptions, fire and all similar events outside our control.
11. Our Liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- 'force majeure' as defined in clause 10 above
(3) This includes, for example, any additional services, facilities, excursions and the like which your hotel or any other supplier, including any operators or partners that we have contracted to fulfil your original travel arrangements, has agreed to provide for you, or you have purchased independently, where these are not advertised by us and we have not agreed to arrange them as part of our contract with you. Please also see clause 16 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(5) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a lower limitation applies to your claim under this clause or clause 11(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 11 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea). Please note: where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(9) Optional activities/excursions and activities outside of the pre-booked itinerary are undertaken entirely at your own risk.
(10) We have measures in place to protect the personal booking information held by us and passed on to the relevant suppliers of your travel arrangements. These may include public authorities such as customs and immigration along with security or credit card services. If you travel outside the European Economic Area (EEA), controls on data protection may not be as strong as those within the EEA. Unless required to do so by law, we will only pass on your information to persons responsible for your travel arrangements, which may include sensitive information such as details of disabilities, dietary or religious requirements. When making a booking you are consenting to relevant information being passed on as above.
12. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the supplier of the service(s) in question. Any verbal notification must be put in writing and given to the supplier as soon as possible. If any complaint or problem is a serious one which is not resolved to your satisfaction by the supplier, you must contact us in the UK using the contact details we have provided you with during your holiday, giving us full details and a contact number or email. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to our Customer Services Department at Rickshaw Travel, Intergen House, 5th and 6th Floors, 65-67 Western Road, Hove, East Sussex BN3 2JQ within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com) or from ABTA (for further contact details see clause 19). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement.
14. Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
15. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions (see clause 11(4)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
16. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to on our website and in our other advertising material which is not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
17. Passports, visas and health requirements
The passport and visa requirements applicable at the time of printing to British citizens for the holidays we offer are shown on our website. Requirements may change and you must check the up to date position in good time before departure. A full British passport takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
You should ensure that you travel with a passport that has a minimum validity of 6 months remaining at the time of your return to the UK as this is a stringent immigration requirement for many countries and airlines.
Details of any compulsory health requirements applicable to British citizens for your holiday are shown on our website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health via its website www.dh.gov.uk and from most Post Offices.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
18. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website http://www.fco.gov.uk/en/travel-and-living-abroad which you are recommended to consult before booking and in good time before departure.
19. Financial security, our ATOL Licence and ABTA membership
We provide full financial protection for our package holidays.
1. For flight-based holidays* this is through our Air Travel Organiser’s Licence (ATOL) number 9728. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
*The air inclusive holidays and flights we arrange are ATOL protected providing they are made in the UK and the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk.
2. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA. We are a member of ABTA (ABTA number Y0484). If your holiday does not include international flights from the UK, ABTA will financially protect your holiday. If already overseas, you will be returned to the point where your contracted arrangements with us commenced. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see clause 13), contact ABTA, 30 Park Street, London SE1 9EQ tel: 0901 201 5050 (UK calls only) or www.abta.com
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 9 “Changes and cancellation by us” will apply.
At the time of booking we will confirm your flight timings. Flight timings are subject to change and can change any time after tickets have been dispatched including whilst you are on holiday. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, and technical or operational problems.
E-tickets (electronic flight tickets) will be emailed to you when your flights have been confirmed, paid for and issued. The times shown on all tickets are local times. We recommend that you check in for both outward and return flights is at least 3 hours prior to the departure times on the travel documents.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note we will endeavour to inform you of any airline schedule changes in advance but this is not always possible. We recommend that you look on the relevant airline’s website for up to date timings 24 hours before each flight that you take. We cannot accept liability for the consequences of flights missed owing to airline schedule changes. See clause 21 below.
Most airlines offer cheaper fares for infants or children travelling with an adult. To qualify as an infant, an infant must be under 2 years of age at the date of the last flight of the booking. To qualify as a child, a child must be under 11 years of age on the date of the last flight of the booking.
21. Delay and Denied Boarding Regulations
We cannot accept liability for any delay unless it has a material effect on your holiday arrangements. See clause 9 - changes and cancellation by us. Any airline concerned may however provide refreshments and accommodation if necessary. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11(2) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time).
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. EC Regulation No 261/2004 only applies to flights departing from the EU and on flights operated by EU carriers that are returning to the EU. Non EU carriers operating flights departing outside of the EU may have less favourable compensation rules. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations.
22. Website and advertising material accuracy
The information contained on our website and in our other advertising material is correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
The information on our websites is based on our own visits and/or on information supplied to us by our suppliers. We constantly review this to ensure that it is accurate, however we do not own the airlines or ground suppliers. Ground operation changes can and do occur from time to time and may be made without any advance notification from our suppliers. Where we have been notified of a change we will advise you before we accept your booking or if after as soon as possible before departure.
23. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.
24. The nature of our holidays
Please keep in mind, before and during your trip, the type of holiday you are undertaking including the areas to which you are travelling. Many of our arrangements may be described as “soft adventure” and involve travelling to remote places where the normal conveniences, comforts and structures of north-western Europe simply do not exist. In some places, accommodation may be very basic with no flushing toilets, hot showers, electricity, ice in drinks, access to the internet and the like. It is impossible to guarantee that everything will go according to plan as conditions on the ground at the time (such as the weather, tides, strikes, civil unrest, public transport cancellations) may require changes or make certain arrangements impossible. Please be understanding and tolerant in such situations as they are an unavoidable part of the experience over which we have no control. The availability of some facilities and amenities including restaurants, water sports and kids’ clubs may be affected by local conditions, such as inclement weather, public holidays or low occupancy.
25. Honeymoon contribution accounts
If you have set up a Honeymoon contribution account with us to help pay for your honeymoon, the following terms and conditions apply:
(1) If you wish to create a Honeymoon contribution account you will first need to confirm your booking with us by paying the necessary deposit required.
(2) A minimum Travel Plan value of £500 per person (excluding international fights) will apply.
(3) Once full and final payment has been received for your booking, and the deadline date for contributions specified on your honeymoon cards has passed, excess contributions collected in your account will be paid to you by bank transfer.
(4) In the event that the money in your account does not cover the full cost of your holiday, as the client you will take on the responsibility for full payment of the remaining balance on the booking.
(5) Changes and cancellation by you – please see Clause 6 and 7 for standard terms. Please note in the event of cancellation any outstanding balance on your honeymoon account will be paid back to you via bank transfer once all cancellation charges have been applied.
The copyright in this document belongs to mb LAW, Solicitors of Studio 3, The Quays, Concordia Street, Leeds LS1 4ES tel 0113 2424444 www.mb-law.co.uk Ref: CGI