GeoCultura Tours | GeoCultura

Booking Terms and Conditions (Non-US Citizens)

Effective date: 10th March 2022

GeoCultura Limited (hereinafter “GeoCultura”, “we”, “us”, “our”) is a tour operating company with company number: 12694449 and registered address Elsley Court, 20-22 Great Titchfield Street, London W1W 8BE, providing unique tours that explore the impacts of local geology on an area, its history, and its culture. We are proud to bring our clients (hereinafter “traveller”, “you”) this distinctive travel experience. We plan to act to the best of our ability to meet all our responsibilities as well as to provide clients with a fitting, principled and fair service with exact and timely information. Correcting any issues that do arise will be our priority.

CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it. The contract will be active from the time your booking is accepted.

The traveller making the booking (“lead traveller”) assumes the responsibility of sharing these terms and conditions with each traveller for whom they are booking. GeoCultura is not responsible for any traveller’s unawareness of the terms and conditions due to the failure of the lead traveller to share this information with all other travellers.

By making a booking, the lead traveller on the booking agrees on behalf of all other persons detailed on the booking that:

  1. He/she has read these terms and conditions and has the authority and does agree to be bound by them;
  2. He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  4. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

CHANGES TO THESE TERMS AND CONDITIONS. GeoCultura reserves the right, in our sole discretion, to change these terms and conditions. No material changes will be made between a booking being made and a tour starting. Please check frequently, especially before you make a booking, to see if these terms and conditions have changed.

MEDICAL CONDITIONS/DISABILITIES. To ensure your enjoyment on tour we would request the following:

Travellers must advise GeoCultura at the time of booking, of any physical, medical or other special needs that require accommodating. GeoCultura will, where possible, make reasonable modifications to its policies, practices and procedures when necessary, unless doing so will fundamentally alter the nature of the services provided.

For the safety or our travellers, GeoCultura reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

GeoCultura, tour guides, leaders and suppliers are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever is a companion travelling with you. Travellers with mobility issues/disabilities should check the Tour web-site information and should request any additional information from GeoCultura before booking. We may request that you provide a letter from your doctor confirming your fitness to travel.

YOUR CONDUCT. Each traveller is expected to act responsibly and adhere to all behaviour guidelines established by GeoCultura and our local suppliers. We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.

When you book with us, you accept responsibility for any damage or loss caused by you or your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you. GeoCultura is not responsible for any costs incurred concerning a traveller removed from a vacation. Baggage and personal effects are at all times the sole responsibility of the traveller.

BOOKING PROCEDURES AND PAYMENT. When you are ready to start your geological adventure simply fill out the online booking form. To produce this experience, we require a deposit. This is a non-refundable deposit unless the exceptions in the terms and conditions state otherwise. Your booking will be confirmed after receipt of the non-refundable deposit as detailed in your specific tour itinerary. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.

Upon booking, we will provide you with instructions for payments and all due dates. In order to help our booking process, we require you to make all payments in full and on time. If you are booking within 60 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 60 days prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). GeoCultura retains the right to dispute any chargeback that is improper and recover any costs, including legal fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback, in which case the cancellation charges as set out below would apply. The following chargeback scenarios are examples of improper use of the chargeback process and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of GeoCultura or the supplier where we are already in communication with you about refund options.
  • Chargebacks resulting because you do not agree with the cancellation policy.

PRICE AND RATE CHANGES. The price of your itinerary when you book will be based on our known costs at the date of issue of the itinerary.

We reserve the right to amend the price of unsold tours at any time and correct errors in the prices of confirmed tours. We will advise you of any errors of which we are aware and then the applicable price at the time of booking. We also reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:

  1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;
  2. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
  3. the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed tour (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another tour if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of [1%]. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed tour within 30 days of your departure nor will refunds be paid during this period. GeoCultura will not be liable for any additional costs incurred outside of the tour prices such as travel to the tour start locations, visa and passport fees, travel insurance or any other purchases made by the traveller in anticipation of the tour.

TOUR INCLUSIONS.

Accommodations. Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the traveller making the request.

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. While GeoCultura does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

Transfers. GeoCultura may offer transport transfers in accordance with your individual itinerary. You must be on time for all such transfers. There will be no refund for missed or unused transfers. You must provide us with your flight or arrival information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight or travel plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight or travel information.

Meals. Meals are provided as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered for in some of the destinations we feature. For safety and liability reasons, GeoCultura and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of your request but we cannot guarantee their availability. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

Scheduled Departures. Sightseeing elements are included as provided in the individual itineraries. These tour departure times are designed to accommodate individuals as well as groups. As a courtesy to others in the tour, it is mandatory that you be on time for all scheduled departures. Tours will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.

NOT INCLUDED IN THE TOUR COST.

A list of the inclusions and exclusions for specific tours will be provided by GeoCultura. The following are examples of charges and fees not included in the tour cost: fees for obtaining passports or visas, inoculations, insurance, airline tickets and taxes, excess baggage charges, airport (or other) entry fees and departure taxes, optional tours, any items of a personal nature, such as phone calls, or room service, transportation not specifically listed as included meals that are not specifically included, and any other items not specifically listed in your tour itinerary. This list is illustrative and not a complete list of every item not included.

OPTIONAL EXPERIENCES.

If we suggest alternate activities or you encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers, you will be subject to the terms and conditions of that supplier. The supplier may require you to execute additional documents, waivers, or releases. In any case, your only recourse in case of damage will be against the supplier of the alternate activity as we will not be a party to that contract.

ALTERATION TO TOURS BY US.

As we plan your tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your tour, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your tour start time by less than 12 hours, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines/coach companies used in the brochure may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

  1. A change of accommodation area for the whole or a significant part of your time away.
  2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  3. A change of outward departure time or overall length of your arrangements by more than 12 hours.
  4. A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your tour before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

  1. (for significant changes) accepting the changed arrangements; or
  2. having a refund of all monies paid; or
  3. if available and where we offer one, accepting an offer of an alternative tour (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation in the following circumstances:

  1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
  2. If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  1. where we make a minor change;
  2. where we make a significant change or cancel your arrangements more than [60 days] before departure;
  3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  4. where we have to cancel your arrangements as a result of your failure to make full payment on time;
  5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  6. where we are forced to cancel or change your arrangements due to Force Majeure.

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

Please note: During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible.

TRAVELLER INFORMATION. Names provided to secure reservations must match travellers’ passport. Date of birth and complete passport details are required. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

CANCELLATION BY TRAVELLER. Cancellation of travel must be made in writing and is effective from the date we receive the written notification. Because the deposit is paid for the work we do in preparing for the tour, upon cancellation, the deposit will be forfeited. GeoCultura incurs costs with the suppliers of your tour well in advance of your tour date. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, cancellation charges will apply as below. Cancellation charges are expressed at a percentage of quoted price as follows:

Days before Departure We Receive Notice of Cancellation by Traveller : Cancellation Charge Per Person

Greater than 60 days before tour begins : Any monies paid plus half of the deposit will be refunded

30 to 59 days before tour begins : 35% of tour price will be refunded

15 to 29 days before tour begins : 25% of tour price will be refunded

Within 14 days of tour or during the tour : No monies will be refunded

If the reason for cancellation is covered under the terms of your travel insurance policy you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.

Airline tickets and travel are usually outside of GeoCultura tour arrangements and are governed by the air carriers’ terms and we are not responsible for any air carrier’s decision regarding refund.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your tour destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

NO REFUND FOR UNUSED ARRANGEMENTS. If you cancel while the tour is in progress, there is no refund for the unused portion.

CHANGES BY TRAVELLER & TRANSFERS OF BOOKING

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the lead traveller on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  1. that person is introduced by you and satisfies all the conditions applicable to the tour;
  2. we are notified not less than 7 days before departure;
  3. you pay any outstanding balance payment, an amendment fee transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges will apply in order to cover our estimated costs. Otherwise, no refunds will be given for travellers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

FORCE MAJEURE. GeoCultura assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from any force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (e.g. see Covid-19 policy and updates on the GeoCultura website), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors beyond the control of GeoCultura that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions.

FINANCIAL PROTECTION - TRAVEL PROTECTION PLAN. GeoCultura tour participants are covered by an Insurance Policy with Evolution Insurance Solutions Limited in the unlikely event of our insolvency, in which case your money would be returned. Where company failure occurred during the tour, participants would be returned to the agreed tour end location. Onward travel to return home, not included in the GeoCultura itinerary, would be the responsibility of the participant.

Policy Holder: GeoCultura Ltd

Company Registration number: 12694449

Policy Number: EV2108UKFI0088

Policy Period: 1st September 2022 to 31 August 2023 **

GeoCultura is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with the current Package Travel Regulations all passengers booking with GeoCultura are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of GeoCultura.

This Policy is issued by Evolution Insurance Company Limited which is registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.

Evolution Insurance Company Limited is authorised and regulated by the Financial Services Commission in Gibraltar and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available from us on request.

In the unlikely event of Insolvency of GeoCultura please follow the procedures below:

Claims should be submitted in writing, supported by documented evidence quantifying the value of the claim, to: Evolution Insurance Solutions Limited, 53A High Street, Saffron Walden, Essex, CB10 1AA or via email to claims@evo-insurance.com

Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card). This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.

**Policy Period covers bookings made within the dates specified regardless of date of travel**

Traveller Insurance: We strongly advise/encourage all travellers to purchase a travel Insurance policy, including additional ‘cancel for any reason’ coverage. Such a plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Medical Evacuation, and Baggage. Travel insurance can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It may also help with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Many plans must be purchased to relate to your individual tour purchase so we encourage travellers to investigate their options as soon as possible.

Certain countries have a requirement for foreign visitors to have valid medical insurance or proof of suitability for entry. GeoCultura cannot be held responsible for denied entry if a traveller is unable to provide details to authorities of insurance or denial of entry for any reason. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. GeoCultura urges travellers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19, or other pandemic requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, GeoCultura will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveller on a tour outside their country of residence to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. GeoCultura strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Additional documentation, obtained by the traveller, may be required. Children and infants also require all such travel documents. Minors travelling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing tour participants to miss flight(s), and subsequent scheduled travel bookings tours. GeoCultura bears no responsibility for obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

COMPLAINTS

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your tour, please inform a member of our team or the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact [info@geoculturaworld.com].

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract.

OUR RESPONSIBILITIES

GeoCultura, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. GeoCultura is an independent contractor and is not an employee, agent, or representative of any of these suppliers. GeoCultura does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. GeoCultura is not affiliated with any other tour operator. All suppliers are independent contractors and are not agents or employees or representatives of GeoCultura.

  1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended), as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these terms and conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these terms and conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
  2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
    (a) the acts and/or omissions of the person affected; or
    (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
    (c) Force Majeure
  3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
    (a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
    (b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
    (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
    (i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
    (ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulations 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
    (iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
  4. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
  6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
    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;
    relate to any business;
    indirect or consequential loss of any kind.
  7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

ADDITIONAL RISKS. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks.

PROMPT ASSISTANCE

If, whilst you are on your tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these booking conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

FOREIGN, COMMONWEALTH & DEVELOPMENT OFFICE

You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure.

JURISDICTION AND APPLICABLE LAW

These terms and conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and you wish to do so.