Download Explore Tailormade Booking Terms & Conditions
PLEASE READ CAREFULLY: Explore Worldwide Ltd (‘the Company’, “Explore”, “we”,“us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to holiday arrangements booked by the client with the Company in the UK and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “holiday”, “booking”, “contract” or “arrangements” mean such holiday arrangements unless otherwise stated. Please note, the information appearing in the sections headed “Important Information”, “Flights & Airlines” and “Passports and Visas” and any other general information sections in our brochure or in these or any comparable sections and any other relevant information on our website or in our client itineraries, also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or other information on our website or in our client itineraries.
1.YOUR HOLIDAY CONTRACT
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a holiday operated by the Company including any person who is added or substituted after booking.We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below).We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2.TO SECURE YOUR BOOKING
To secure a booking, the Company or their authorised travel agent requires a completed booking form and the necessary minimum deposit of £300 or 20% (whichever is greater) of the total holiday price, per person and any appropriate insurance premiums (or full payment if booking within 12 weeks of the start of your holiday). On occasions, a higher deposit may be required for example to cover payment conditions imposed by suppliers.You will be advised at the time of booking if this is the case. Completion of our booking form is in your interests as doing so avoids any misunderstanding of your requirements. However, we are entitled to confirm your booking without one where we consider it appropriate to do so. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions: a) they and all persons named on the booking have read and accepted our booking conditions and general information pages (including “Important Information”, “Flights & Airlines” and “Passports and Visas”) contained in our client itineraries and / or brochure and/or on our website. b) they and all persons named on the booking appreciate and accept the risks involved in adventure travel. c) they or anyone else on their booking does not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the holiday – if any person suffers from any medical condition or disability which will or may affect their holiday arrangements, please contact us before making your booking as referred to in clause 10 below so that we can advise. d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice to the client who makes the booking or their authorised travel agent. It is at this point that a contract between the Company and the client comes into existence.Your flights and accommodation will only be requested from our suppliers by us once the booking form and deposit / full payment, as applicable, have been received and we are in a position to confirm your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease and/or correct any error in any published brochure prices or client itinerary quote. It is the responsibility of the client to check their confirmation, itinerary and any other documentation upon receipt and to inform us within 10 days of any error or inaccuracy as it may not be possible to make changes at a later stage.Where we able to do so, you will be required to pay any fees, costs or charges incurred in making the change (see clause 4) except where any error or inaccuracy is our fault and you have failed to inform us of it within 10 days of receiving the document in question.The Company or their agents reserve the right to decline any booking at their discretion. If you communicate with us via our website or by email, we will communicate with you by e-mail.You must accordingly 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 conditions to “send” and “in writing” or similar include communication by e-mail. You can contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to tailormade@explore.co.uk Estimated prices We may not be in a position to confirm the costs for all services forming part of your holiday at the time of booking. For example, supplier(s) may not have published / confirmed their rates for the period in question.Where any costs cannot be confirmed, we will provide you with an estimated price for your holiday which will be based on anticipated rates and costs. If you wish to proceed with the booking and we are in a position to do so, we will issue a confirmation invoice on the basis that the price you have agreed to pay will be the one applicable to your holiday after confirmation of all costs. Once we have confirmation of all applicable costs, we will issue a revised invoice which will show the confirmed price.This price may be higher or lower than the estimated price. Any such difference will not be a surcharge and, if an increase, will be payable in full.The provisions of clause 11 will not apply to any such difference. If, however, any increase between the estimated price shown on your confirmation invoice and the confirmed price shown on your revised invoice is greater than 10% of the estimated price, you may cancel your holiday and receive a full refund of all monies you have paid us other than any insurance premiums and amendment fees / charges providing you notify us in writing of your wish to do so within 14 days of the date of the revised invoice. No compensation will be payable in this situation. Dates, prices (including travel insurance premiums) and itineraries shown for holidays departing from January 2012 may be subject to change.
3.PAYMENT FOR YOUR HOLIDAY
The balance of all monies due, including any surcharges applicable at that time, must be received by the Company or their authorised travel agent not later than 70 days before the start of your holiday. For certain tours, full payment must be received at an earlier stage before the start of your holiday.You will be advised at the time of booking where this is the case. References in these conditions to your “balance due date” means the latest date full payment must be received by us. In the case of non-payment by the balance due date, the Company reserves the right to cancel your booking and cancellation charges will apply. Any monies paid by you to an authorised travel agent for holidays operated by the Company are held by the agent on the Company’s behalf.You can pay the deposit and full amount by cheque, credit or debit card.We accept Visa, Mastercard, Maestro/Solo. A credit card fee is not payable for the deposit payment and insurance. However a 2% fee is payable (£2 per £100) if your final balance (or the full amount) is paid to Explore by credit card.We reserve the right to increase this charge if the card issuer’s charges to us increase.We will advise you if this happens before taking any payment by credit card.This fee does not apply if payment is made by Maestro/Solo/Visa debit cards.
4. IF YOU CHANGE YOUR BOOKING
a) After a contract has come into existence any requests to change any aspect of your holiday itinerary must be made in writing.The Company will make every effort to assist you but cannot guarantee that it will be able to meet such requests. b) An administration fee of £50 per booking plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged if a confirmed booking is changed, up to balance due date If we are able to accommodate a request to change to a different holiday or departure date, the price payable will be that applicable to the alternative holiday. Thereafter all changes will be treated as cancellations and subject to the charges below. c) If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However the holiday arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of £100 per person transferring his/her place if the Company is advised up to your balance due date or £150 per person if advised after your balance due date, together with any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer, must be paid before the transfer can be made. Any overdue balance payment must also be received. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight / an alternative flight.
5. IF YOU CANCEL YOUR BOOKING
Should the client wish to cancel, cancellation charges will be imposed.These are calculated from the day written notification is received by the Company or their authorised travel agent as a percentage of the total holiday price per person cancelling, including surcharges but excluding any amendment charges and insurance premiums.The cancellation charges shown below are those which apply to most holidays. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation.You will be advised at the time of booking if this is the case for your holiday. a) 70 and more days before holiday start date – retention of deposit b) 69-42 days before holiday start date – 50% c) 41-28 days before holiday start date – 60% d) 27-14 days before holiday start date – 90% e) Less than 14 days before holiday start date – 100% Amendment charges and insurance premiums are not refundable in the event of cancellation. It is strongly recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining clients. Please also see clause 4 c)
6. IF YOU HAVE A COMPLAINT
Should the client have a complaint about any of their holiday arrangements, the client must tell both the relevant supplier and the Company’s local representative or guide at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on holiday they should notify the Company in writing within 28 days of their return from holiday. If the client has a dispute with the Company which we are unable to resolve, the client may call upon the low cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service. Please also see clause 1 Your Holiday Contract.
7.PASSPORTS,VISAS AND VACCINATIONS
Please see general information pages (including “Important Information”, “Flights & Airlines” and “Passports and Visas”) contained in our client itineraries and / or brochure and/or on our website. Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and holiday. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company.We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
8.TRAVEL AND CANCELLATION INSURANCE
Travel Insurance is mandatory for all clients whilst on a holiday organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients not taking out the Company's specially arranged travel/cancellation insurance are responsible for ensuring that they have alternative personal travel insurance with protection for the full duration of the holiday in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment with adequate and appropriate cover. Clients making their own arrangements should ensure that there are no clauses limiting or excluding protection for the type of activities included in their holiday. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be. It is your responsibility to ensure that the insurance you purchase provides adequate cover.We do not check insurance policies and cannot be liable for any expenses incurred as a result of your not having adequate, appropriate or valid insurance cover. Please also read “Travel Insurance” and “Pre-Existing Medical Conditions and Travel Insurance” in the general information pages (including “Important Information”, “Flights & Airlines” and “Passports and Visas”) contained in our client itineraries and / or brochure and/or on our website.
9.CONSUMER PROTECTION
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2595).When you buy an ATOL protected air inclusive holiday or flight* from us you will receive a confirmation invoice from us confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. *The air inclusive holidays and flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. Where you book a “land only” holiday with us, the arrangements we have contracted to provide will be protected by AITO Trust Ltd providing they were purchased in the UK or Republic of Ireland.This means your money will be refunded or you will be returned to the departure point of your contracted holiday arrangements if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency.
10. HOLIDAY PARTICIPATION AND CLIENT RESPONSIBILITY
Clients agree to accept the authority and decisions of the Company’s employees, and agents whilst on holiday with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a holiday is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the holiday, the client may be excluded from all or part of the holiday without refund or recompense.Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the holiday and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services.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. It is your responsibility to settle any costs for services which you have incurred locally. If you have any medical condition or disability which may affect your active participation in your holiday or the holiday arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed holiday and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs.You must also promptly advise us if any medical condition or disability which may affect your active participation in your holiday or the holiday arrangements of any other person develops after your booking has been confirmed.
11.SURCHARGES
We reserve the right to make changes to and correct errors in advertised prices and client itineraries at any time before your holiday is confirmed.We will advise you of any error of which we are aware and of the applicable price prior to confirmation. Please also see clause 2 in relation to estimated prices. Once the price of your chosen holiday has been confirmed on your confirmation invoice or, in the case of estimated prices, on your revised confirmation invoice (see clause 2), then subject to the correction of errors, we will only increase or decrease it in the following circumstances. Price increases or decreases after confirmation as above 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 our transportation costs or in dues, taxes or fees payable for services such as Explore Tailormade Booking Conditions landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your confirmed holiday. No surcharge will be imposed less than 30 days before the start of your holiday and no refunds will be made during this period either. If variations occur before that time, we will absorb or retain a total amount up to the equivalent of the first 2% (excluding insurance premiums and any amendment charges) of your confirmed holiday cost. For variations greater than 2%, we will still absorb the first 2% in the case of increases, but will not retain it from refunds. If we impose a surcharge which means paying more than 10% of your confirmed holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid to us except for any premium paid for insurance and amendment charges or alternatively to purchase another holiday from us as referred to in clause 12 “If we Change your Holiday”.You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase an alternative holiday. If you do not do so, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday. Please note that holiday arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
12. IF WE CHANGE YOUR HOLIDAY
While the Company will do its best to operate all holidays as advertised or described in the client itinerary, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in the client itinerary, the brochure and/or on our website at any time before or after your booking is confirmed. Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. A significant change is a change made before departure which we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of the outward or return international flight departure time to/from the UK (where we have booked your international flight) or of the duration of your holiday (excluding international flights) of 12 or more hours, a change of UK departure airport (except between any London airport including Stansted and Luton) to one which is more inconvenient for you (where we have booked your international flight) and a major itinerary re-routing. Please note, a change of airline, any advertised mode of transport, named accommodation, flight time(s) for any flight other than any international flight to / from the UK we have booked for you or of the flight time(s) for any international flight to / from the UK we have booked for you of less than 12 hours are not significant changes unless otherwise expressly stated. A change of hotel accommodation to a lower classification than booked for a significant part of your holiday where the confirmed hotel is an important focus or feature of the holiday will be considered a significant change. If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost or with a refund payable if applicable), purchasing another available holiday from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the holiday with a full refund of all monies paid to us. If we have to make a significant change before departure we will as a minimum, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change is notified to you or your travel agent subject to the following exception. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances are likely to include those listed in clause 14 “Force Majeure”. No compensation will be payable and the above options will not be available where a change is a minor one.We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport, we cannot pay any cancellation, amendment or other charges you may incur in relation to any additional services which you have to change or cancel as a result of any change to your holiday. Period of notification given Compensation to you or your travel agent per person More than 42 days: Nil 41-28 days: £20 27-14 days: £30 13 days-date of travel: £40Very rarely, we may be forced by "force majeure" (see clause 14) to change or terminate your holiday after departure but before the scheduled end of your time away.This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result
13. IF WE CANCEL YOUR HOLIDAY
The Company reserves the right to cancel a holiday in any circumstances but will not cancel a holiday less than 8 weeks before the start of the holiday except for force majeure (see clause 14), cancellation of holidays where a specific service requires a minimum number of participants, or the client’s failure to make all payments (including the final balance and any surcharge) when due. If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the option of purchasing another available holiday from the Company (paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us.We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible flights, we cannot pay any cancellation, amendment of other charges you may incur in relation to any flights which you have to change or cancel as a result of the cancellation of your holiday. In addition, we will as a minimum, where compensation is appropriate, pay you the compensation set out in the table in clause 12 above depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (such circumstances are likely to include those listed in clause 14 “Force Majeure”) or (2) we have to cancel because the minimum number of participants necessary for us to operate your holiday has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
14. FORCE MAJEURE
Except where otherwise expressly stated in these 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 injury, damage, loss or expense of any nature as a result of "force majeure". In these conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
15. OUR RESPONSIBILITY FOR YOUR HOLIDAY
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the holidays, treks or expeditions featured in our programme at their own volition. (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). (2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'force majeure' as defined in clause 14 above (3) Please note, we cannot accept responsibility for any services which do not form part of the contract we enter into with you in the UK. This includes, for example, any additional services or facilities or excursions which our local representative or guide or any supplier agrees to arrange or provide for you where we have not agreed to arrange or provide the services, facilities or excursions in question as part of our contract with you.You will have a contract with the local company which provides such services, facilities or excursions. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned. Please see clause 16 Optional excursions and activities below. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. 4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the tour in question. (5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment).Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a different limitation applies to your claim under clause 15(6) below.You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 15 (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 tour.(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, the Warsaw Convention 1929 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 No889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and COTIF, the convention on International Travel by rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim.When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. (7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business. including selfemployed loss of earnings. (8) You must provide ourselves and our insurers with all assistance we may reasonably require.You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If You have a Complaint. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so).You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
16. Optional excursions and activities
We may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a local representative collects payment for or otherwise assists in booking any such activity or excursion for you, we and the representative act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 15(1) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
17.BUILDING AND DEVELOPMENT
We may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting.We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us.They are provided by local operators or other providers who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way.Where a local representative collects payment for or otherwise assists in booking any such activity or excursion for you, we and the representative act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract.The local operator / provider’s terms and conditions will apply.We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 15(1) of our booking conditions will not apply to them.We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control.They may not be available for various reasons. Any prices given in advance are indicative only.We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
17.BROCHURE / WEBSITE / ITINERARY / ADVERTISING MATERIAL ACCURACY
The information contained in our brochure, on our website, in client itineraries and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your travel agent at the time of booking.
ISSUE DATE: April 2011
Explore Worldwide Ltd. Registered Office: Nelson House, 55 Victoria Road, Farnborough, Hampshire, GU14 7PA, UK.
VAT No. 358 7552 13.
Our flight inclusive holidays are ATOL Protected by the Civil Aviation Authority.
Our ATOL number is 2595.