The following booking conditions form the basis of your contract with Journeys by Design Limited of 8-9 Ship Street, Brighton, BN1 1AD, which is a company registered in England, company number 5224319. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions apply to all arrangements for your trip which we agree to make, provide or perform, as applicable, as part of your contract with us where these arrangements are booked with our UK office by UK or EU residents. All references to “trip”, “holiday” or “arrangements” mean such arrangements unless otherwise stated. If you are not a resident of the UK or EU, different booking conditions will apply. Please advise us prior to making your booking if this is the case and we will provide you with a copy of the applicable conditions.
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) or any of them as the context requires. “We”, “us”, “our” and “Journeys by Design” means Journeys by Design Limited. References to “departure” mean the start date of the arrangements you have booked with us.
The Package Travel and Linked Travel Arrangements Regulations 2018 will apply to your contract. For more information on your rights under these regulations please see here.
Covid-19 adjusted terms and conditions
These additional booking conditions apply to all bookings made for trips due to depart during 2021.
If 60 days prior to the start of your arrangements your booking cannot proceed due to any of the following reasons linked to the Covid-19 pandemic you will be entitled to a transfer of all payments made to us (less any payments we are unable to recover from suppliers) to another reservation up to and including December 2022:
- the authorities of the destination country impose local, regional or national restrictions which result in the closure of their border, closure of facilities essential to your trip or necessitate the closure of your accommodation
- the authorities of your home country impose local, regional or national restrictions which prevent you from leaving that area and travelling to your destination
- you would have to quarantine on arrival at your destination
1. Making your booking
Our trips are all tailor-made. Please contact us by telephone or e-mail to discuss your requirements. We will provide you with a detailed proposed itinerary and costing. Once we have agreed on the itinerary, please complete our booking form to make your booking. The first named person on the booking (“party leader”) should sign or type their name on the booking form to confirm acceptance of the booking conditions and send this to us. You may otherwise confirm this by e-mail. In the event that you ask us to proceed with your booking without having done so, we are entitled to assume that you have accepted these conditions. The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The party leader, who must be at least 18 when the booking is made, is responsible for making all payments due to us.
We will confirm your trip by sending written confirmation of the booking to the party leader along with an invoice. Please check this confirmation, invoice and all other information (including the itinerary and costing) carefully as soon as you receive it. 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 inaccuracy (for which we are responsible) in any document within 10 days of our sending it out. 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.
You may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) to enquiries@journeysbydesign.com
We will communicate with you by e-mail in relation to your booking. Please, therefore, check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
2. Payment
In order to confirm your chosen trip, a 30% deposit (for classic safaris) or 35% (for rare adventures) of the full itinerary cost (or full payment if booking within 16 weeks of the start of your trip) must be paid at the time of booking.
The balance of the trip cost must be received by us not less than 16 weeks prior to the start of your trip. This date will be shown on your confirmation. Whilst we will endeavour to send a payment reminder, it is your responsibility to make payment of the balance sixteen weeks prior. If we do not receive all payments due (including any surcharge 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 9 depending on the date we reasonably treat your booking as cancelled.
3. The nature of our trips
We operate in many remote and wilderness areas of Africa. We operate classic safaris and rare adventures. All our safaris operate in the frontiers and are by the very nature of the journey vulnerable to change. The nature of the experiences and adventures we create means you are often travelling in undeveloped and under-developed places where the local infrastructure, including roads and transport, communications, facilities and other conditions are often basic and unreliable. These places and areas are also much more likely to be affected by force majeure type events over which we have no control. We plan itineraries on the basis of our experience of operating in such locations and local conditions at that time.
However, these conditions may change (including as a result of unavoidable and extraordinary circumstances) before you travel or indeed while you are away. Flexibility is crucial as we may need to make changes to your itinerary at any time where we consider it to be necessary or desirable to do so to take account of local conditions or for safety, security or health considerations or generally in the interests of the party or the itinerary as a whole.
In booking one of our trips, you are taken to have agreed that the confirmed itinerary is not contractually binding and that while we will endeavour to provide this, changes may be made. You are also taken to have accepted the risk and agree that in the event your trip is affected by unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care and we have to cancel or curtail it or you choose to do so as a result, you will not be entitled to any cash refund of the trip cost or payment of compensation, expenses or any other sums from us.
Credit refunds can be arranged in such circumstances towards future journeys. You further agree that you will obtain travel insurance which will cover this risk and these sums and that you will claim all such amounts from your travel insurer under that policy. Please refer to clauses 5 (Travel insurance), 11 (Changes and cancellation by us) and 12 (Unavoidable and extraordinary circumstances) for further information.
4. UK Foreign Office advice
The UK Foreign, Commonwealth and Development Office (FCDO) publishes regularly updated travel information and advice on its website http://www.gov.uk/foreign-travel-advice and at https://travelaware.campaign.gov.uk/, which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up-to-date UK border control measures are available at http://www.gov.uk/uk-border-control.
FCDO advice may identify particular safety or security concerns amongst other issues. It may at times also advise against all travel or all but essential travel to any place(s), area(s) or region(s) or to a particular country as a whole. We always take account of FCDO advice in planning and operating our itineraries as we do the information available from other sources including our local agents and suppliers who are based in the countries in which we operate. Given the specialist nature of our destinations and itineraries, it may often be the case that we have access to more specific and detailed information which is particularly relevant to our trips than is available to the FCDO. We are not bound to follow FCDO advice and may sometimes reach the conclusion, taking account of all information available to us, that we are able to offer or agree or can continue to operate an itinerary which includes visiting a place(s) or area(s) to which the FCDO advises against travel.
You are assumed to have read the relevant FCDO advice before booking your trip and in good time before departure and to have accepted any risks highlighted.
5. Travel insurance
It is a condition of us accepting your booking that you have travel insurance which is suitable for your itinerary and the particular requirements (including any medical conditions, disability or other health issues) of all persons travelling on your booking. This insurance must provide comprehensive cover for the risks normally covered by travel insurance (such as medical expenses, rescue and repatriation (including the flying doctor service), cancellation, curtailment and loss or damage of personal possessions (including valuable items such as photographic equipment). It must in addition cover the refund of your trip cost, expenses and other sums which you may suffer or incur in the event of the cancellation or curtailment of your trip as referred to in clauses 3 and 11.
Travel insurance policies often exclude liability for claims which result from events insurers regard as “force majeure” such as, for example, terrorism, war, civil war, armed hostility and rebellion. Please ensure you check all policy exclusions before you purchase your insurance and buy a policy which does not exclude liability for claims arising from such events and is suitable for your particular needs and the itinerary you are undertaking. Policies which do not exclude claims arising from such force majeure risks are widely available. We can provide you with information about such policies if required. If your insurance does not cover a claim, you will be personally responsible for meeting the costs concerned.
Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.
Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.
6. Your contract
A binding contract between us comes into existence when we send our written 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 (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) which arises between us must be dealt with 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 claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
7. The cost of your trip
Please note, changes and errors occasionally occur. We reserve the right to amend or correct any error in or otherwise amend any costing before confirmation.
We reserve the right to make changes to and correct errors in advertised prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Covid-19 and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) is likely to have a significant effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice.
Once the costing for your trip has been confirmed by our written confirmation, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your trip (excluding any amendment charges) will we levy a surcharge. If any surcharge is greater than 8% of the cost of your trip (excluding 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 or receive a credit towards another trip from us as referred to in clause 11 “Changes and Cancellations by us”.
You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 11 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 trip or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your trip due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your trip as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs less our administration expenses.
We promise not to levy a surcharge within 20 days of departure. No refund will be payable during this period either.
8. Special requests and medical conditions / disabilities / reduced mobility
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request 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. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
Our trips may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
If you suffer from any medical condition, disability or significant reduction in mobility which may affect your trip (including any which affect the booking process) or have any special requirements as a result, 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 your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your trip develops after your booking has been confirmed.
9. Changes by you
Should you wish to make any changes to your confirmed trip, 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 £30 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 trip dates and other substantial changes (particularly where requested 8 weeks or less before the start of your trip) 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 trip price where, for example, the basis on which the price of the original trip was calculated has changed.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 7days before the start of your trip. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. 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 £30 per person transferring their place must be paid before the transfer can be effected. Any overdue balance payment must also be received.
As certain arrangements (such as flights) cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. The rebooking will always be subject to flight availability and to the payment of the full cost of the new ticket.
10. Cancellation by you
You may cancel your confirmed booking at any time before departure. Should you or any member of your party need to cancel your trip 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 by us in writing. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. These charges will usually be those set out below but may sometimes be higher to reflect our suppliers’ cancellation charges. You will be advised at the time of booking where this is the case.
In calculating these cancellation charges, we have taken account of possible cost savings, including the refund of airline passenger duty where applicable, and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation). Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding any amendment charges.
Period before the start of your trip within which written notification of cancellation is received by us:
- More than 112 days (16 weeks): Deposit of 30% (CLASSIC safaris) or 35% (RARE adventures)
- Less than 112 days (16 weeks): 100%
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of persons travelling below that on which the costing for your booking was based, we must reserve the right to recalculate the price of your trip and re-invoice you accordingly.
See clause 9 “Changes by you” if any member(s) of your party are prevented from travelling.
11. Changes and cancellation by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 11. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may have to make a significant your confirmed booking. Where we have to do so, clauses 11(5) and 11(6) will apply.
(2) All alterations which are not significant will be treated as insignificant changes. Please refer to clause 3 (The nature of our trips). In booking one of our trips, you are taken to have agreed that the confirmed itinerary is not contractually binding and that while we will endeavour to provide this, changes may be made for the reasons referred to in clause 3. Occasionally, we have to significantly change your itinerary before departure. Taking account of clause 3, this will be the case where the changed itinerary is materially different to that confirmed at the time of booking.
(3) Please bear in mind that Covid-19 and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on travel arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your trip will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
4) All group trips require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such trips where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your trip. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason no later than 20 days before departure.
(5) In the event we have to significantly alter your confirmed arrangements we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(6) If you choose to cancel your booking in accordance with clause 11(5), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation as above. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 12).
(7) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted arrangements as a result of unavoidable and extraordinary circumstances (see clause 12) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group trip has not been achieved and we notify you of cancellation for this reason as referred to in clause 11(4). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 11(6)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 10 will apply.
(8) Please note, a full refund entitlement only arises where we are prevented from performing your contracted arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 11(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your trip rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your trip is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your trip arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate before departure or on your return to your country of residence does not affect our ability to provide your trip and will not entitle you to cancel without paying our usual cancellation charges.
(9) In the event that unavoidable and extraordinary circumstances (see clause 12) occur in the place of destination of your trip or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 11(6) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
12. Unavoidable and extraordinary circumstances
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 unavoidable and extraordinary circumstances.
In these booking conditions, unavoidable and extraordinary circumstances mean any event or situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances also include the Covid-19 pandemic (and any other pandemic) and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
11. Our Liability to you
(1) We promise to make sure that the trip 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 trip arrangements are not provided as promised or prove deficient as a direct 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 trip 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 performing the services we had contracted (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following: –
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as defined in clause 12 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, our obligation is 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 applicable standards of the country in which your claim 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 your claim were provided in compliance with the applicable local laws and standards, 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 standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable traveller to refuse to take the trip in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 13(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 13(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total trip cost (except insurance premiums and amendment charges) paid by you or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 13(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 trip.
(6) Where any claim or part of a claim 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 or rail carrier to which any international convention or EU regulation applies, where we have arranged that travel as part of our contract with you, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 13(6). 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 concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 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/. EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended.
Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(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 (including without limitation, self-employed loss of earnings).
14. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your trip whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible.
If we do not have or you cannot contact our local representative or agent and any complaint or problem is not promptly resolved to your satisfaction by the supplier, you must contact us in the UK during your trip using the contact details we have provided you with during your trip, giving us full details and a contact number. 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 us within 30 days of the end of your trip giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
15. Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your trip, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
16. 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 trip arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the trip. 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.
17. Conditions of suppliers
Most of the services which make up your trip 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 13(6)). 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.
18. Passports, visas and health requirements
The applicable passport and visa requirements for the trips we offer are given at the time of booking. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the Covid-19 situation. You must also keep up to date with this information while you are away.
A British passport would usually take approximately 3 to 6 weeks to obtain but it is currently (March 2021) taking longer. If any member of your party (who is a British citizen) is 16 or over and hasn’t got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non- British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
Details of any compulsory health requirements applicable to your trip will be provided at the time of booking. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health-related measures (including those which are introduced to deal with Covid-19) in good time before departure. You must also keep up to date with the latest information in respect of Covid-19. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.nhs.uk/Live-well/healthy-body/before-you-travel.
Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please, therefore, check with a doctor or clinic or other reliable sources of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. You may be required to self-isolate or quarantine for a fixed period on arrival overseas and/or on your return to your country of residence, possibly in a designated facility. Any such requirement may be introduced or changed at very short notice.
It is the responsibility of the person who makes the booking to ensure that all persons travelling 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 obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/Covid-19 related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health-related or other requirements, cancellation charges will apply as referred to in clause 10.
19. Financial Protection for UK and EU travellers
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 9680). When you buy an ATOL protected flight or flight-inclusive trip 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, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are 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, or the suppliers identified on your ATOL certificate, 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.
Please note: Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme The air-inclusive holidays and flights we arrange are ATOL protected providing they are made available in the UK.
The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350 e-mail claims@caa.co.uk www.caa.co.uk
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice can be found at www.caa.co.uk/Our-work/About-us/General-privacy-notice/
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
20. Flights
You are responsible for booking, reconfirming (if required) and checking in on time for your international flights.
In accordance with EU Directive (EC) No 2111/2005, 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./.
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
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 11 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings detailed on your confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent to you before departure. You must check this information very carefully immediately on receipt to ensure you have the up-to-date details.
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.
21. Transport timings and delay
All timings we provide for air, sea, road and rail departures are estimates only and subject to change, sometimes at very short notice. Please ensure you check all information we provide you with as soon as you receive it. Delays may also occur over which we have no control.
You must ensure that you are in the right place at the right time for all ground arrangements we have arranged for you. We cannot accept any liability if you fail to do so.
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure for your international flight. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in clause 13(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). In addition, we will not be liable for any delay unless it has a significant effect on your trip arrangements.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. 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. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further details.
22. Brochure / website / advertising material accuracy
The information contained in our brochures, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change so you must ensure you check the up-to-date position at the time of booking.
23. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your trip 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. Covid-19 and contagious or infectious disease
If you are unwell with any of the following: a high temperature, new continuous cough or a loss of, or change in, your normal sense of taste or smell (anosmia), you must self-isolate and follow the guidance issued by Public Health England / the UK Government / your own government or public health authority. Cancellation charges will apply if you are unable to travel as set out in clause 10 as a result. If you become unwell during your trip, you must follow the guidance provided locally and by your national government. You must have insurance to cover you in the event that you have to cancel, curtail or remain abroad for any reason connected with Covid-19 or any other contagious or infectious disease.