Polar Booking Conditions 2014
Please read carefully:
Explore Worldwide Ltd ('the Company', "we", "us" and "our") accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company 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 "tour", "booking", "contract" or "arrangements" mean such tour arrangements unless otherwise stated. Please note, the information appearing in the section headed "Information About Our Tours" in our brochure or in these or any comparable sections and any other relevant information on our website also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or information on our website.
1. Your tour 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 tour 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
(Please refer to Clause 17 "Late Bookings")
To secure a booking, the Company or their authorised travel agent must receive payment of the minimum deposit of 20% of the total tour price, per person, (or full payment if booking within 100 days of the start of your tour or at an earlier stage for some tours). A higher deposit will be payable if any supplier(s) requires additional payment at the time of booking / prior to balance due date. On occasions, full payment for a service such as your flights may be required at the time of booking. The applicable deposit will be confirmed at the time of booking. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions:
a) they have read and accepted our booking conditions and general information pages, contained in our brochure and/or on our website.
b) they appreciate and accept the risks involved in adventure travel.
c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour 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 issues 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. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease holiday prices. The Company or their agents reserve the right to decline any booking at their discretion.
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 should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to firstname.lastname@example.org
3. Payment for your tour
The balance of all monies due, must be received by the Company or their authorised travel agent not later than 100 days before the start of your tour. For certain tours, full payment must be received at an earlier stage before the start of your tour. You will be advised at the time of booking when this is the case. In the case of non-payment of the balance by the due date, the Company reserves the right to treat your booking as cancelled and cancellation charges will apply. You can pay the deposit and full amount by cheque, credit or debit card. We accept Visa and Mastercard. A credit card fee of 1.48% is payable for all payments made 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 debit cards.
4. If you change your booking
a) 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 or transferred to a different departure date or tour, up to 90 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges below. Changes are subject to availability and are limited to one transfer during the lifetime of your booking. It is not possible to rebook onto the original departure once you have either transferred or cancelled your booking. For an administration fee of £25 per booking, you can request a credit voucher for the amount paid in respect of any cancelled booking less any non-refundable charges and insurance premiums. This must be redeemed within 3 months of issue against a new booking. No further credit vouchers can be requested against the new booking. The voucher is valid for a one-time only transfer, is not transferable, can only be redeemed against one booking and cannot be exchanged for cash. No refund or further credit voucher will be provided if the cost of the new booking is less than the value of the credit voucher.
b) 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 tour 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 or verbal notification is received by the Company or their authorised travel agent as a percentage of the total tour price per person cancelling, excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which will apply to most tours. 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 tour.
a) 100 and more days before tour start date – retention of deposit
b) 60-99 days before tour start date – 50% or retention of deposit if higher
c) Less than 60 days before tour 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 4b)
6. If you have a complaint
Should the client have a complaint about any of their tour arrangements, the client must tell both the relevant supplier and the Company's representative 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 tour they should notify the Company in writing within 28 days of their return from tour. 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. If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd at 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY or from ABTOT, Tower 42, Old Broad Street, London EC2N 1 HG. This scheme cannot however decide in cases where the sums claimed exceed £1,500 per person or £7,500 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof. Please also see clause 1 Your Tour Contract.
7. Passports, visas and vaccinations
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 tour. 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 tour 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 tour 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 exclusion clauses limiting or excluding protection for the type of activities included in their tour. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.
9. Consumer protection
We hold an Air Travel Organiser's License issued by the Civil Aviation Authority (ATOL number 2595)
When you buy an ATOL protected flight or flight inclusive holiday* from us, you will receive am ATOL Certificate**. This lists the flight, accommodation, car hire and/or other services that are 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 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.
*The flights and flight-inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), Explore has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992.
In the event of Explore's insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Explore Worldwide Ltd. In the above circumstances, if you have not already travelled, you may claim repatriation to the starting point of your non-flight package
10. Tour participation and client responsibility
Clients agree to accept the authority and decisions of the Company's employees, tour leaders and agents whilst on tour 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 tour 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 tour, the client may be excluded from all or part of the tour 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 tour 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.
All clients on Expedition travel must return a signed Medical Form to the Company. The Client acknowledges and understands the destinations visited on Expedition travel are remote, isolated and far removed from medical care facilities. Further, the client understands the honest completion of this form will assist all concerned in an emergency situation.
If you have any medical condition or disability which may affect your active participation in your tour or the tour 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 tour 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 tour or the tour arrangements of any other person develops after your booking has been confirmed.
11. If we change your tour
While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services or itineraries described in this brochure and/or on our the 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.
For "Guaranteed Departures", we promise not to make any significant changes to the "land only" itinerary unless we are forced to do so by force majeure (see clause 13). This guarantee does not, however, apply to any international or domestic flights which may be subject to change or cancellation in accordance with these conditions. Please also see "Will my tour operate?" in "Information About Our Tours" section for more information on "Guaranteed Departures".
A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour. 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 tour (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 or of the flight time(s) for the international flight to / from the UK we have booked this for you of less than 12 hours are not significant changes unless otherwise expressly stated.
If advised of a significant change before departure the client will have the choice of accepting the changed arrangements purchasing another available tour from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the tour 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 due, 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 13 "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 and other arrangements (such as pre or post tour accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.
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: £40
Very rarely, we may be forced by "force majeure" (see clause 13) to change or terminate your tour 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.
12. If we cancel your tour
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 30 days before the start of the tour except for force majeure (see clause 13), or the client's failure to make all payments (including the final balance) when due. Please note, except for "Guaranteed Departures", our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 30 days before the start of your tour. For "Guaranteed Departures", there is no minimum group size and we will not cancel the "land only" itinerary unless forced to do so by force majeure (see clause 13).
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 choice of purchasing an alternative tour offered as a result of consolidation or another available tour from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us excluding Annual Insurance premiums if applicable. 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 transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour.
In addition, we will as a minimum, where compensation is due, pay you the compensation set out in the table in clause 11 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 13 "Force Majeure") or (2) we have to cancel because the minimum number of participants necessary for us to operate your tour 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).
13. 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 whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
14. Our responsibility for your tour
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition.
(1) We promise to make sure that the tour 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 tour 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 tour 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 (including loss possessions and 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 tour and which were unforeseeable or unavoidable or 'force majeure' as defined in clause 13 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 any 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. 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 15 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 holiday maker 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 14(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 14 (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 No 889/2002 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 or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed 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.
15. Optional excursions and activities
We and our tour leaders 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 and they may or may not have their own public liability insurance. 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 tour leader collects payment for or otherwise assists in booking any such activity or excursion for you, we and the tour leader 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 14(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.
The timings of air, sea, road or rail departures are estimates only. Subject to clause 11 "If we Change your Tour", we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. It is in recognition of the above that the Company's travel insurance policy offers some monetary compensation for flight delays over 12 hours to cover lost tour time or delayed return (not applicable to flights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for any services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstance, 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 the EC Regulations No 261/2004 – the Denied Boarding Regulations 2004 where applicable you must pursue the airline for the compensation or other payments 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 should complain to the CAA at www.caa.co.uk
17. Late bookings
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours.
For bookings received within 6 weeks of your tour (or at an earlier stage for certain tours), the contract between the Company and the client comes into existence as soon as full payment has been received by the Company or our authorised travel agent or by Explore.
18. Brochure / Website / Advertising material accuracy
The information contained in our brochure, on our website 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 tour (including the price) with us or your travel agent at the time of booking.
Issue date: December 2013March 2014.
Explore Worldwide Ltd.
Registered Office: Nelson House,
55 Victoria Road, Farnborough,
Hampshire, GU14 7PA, UK.
VAT No. 358 7552 13.
Data protection and privacy statement
Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003 ("data protection laws"). You confirm that you will only enter information about yourself and those in your party and that such information is true.
Data Protection Privacy Statement
For the purposes of the Data Protection Act 1998, we, Explore Worldwide Limited are a data controller. In order to process your booking, brochure and dossier requests, provide your tour and to help us provide you with a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your tour is to take place or involves suppliers outside these countries.
We and other companies in the Cox and Kings Group ('Group Companies') would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of new features, tours or special offers which we think may be of interest to you, including by email). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept by us but we and our Group Companies will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so. We respect our customers' privacy and do not sell, rent, trade or give away any of your personal information for any purpose.
We may also send you promotional information about selected third parties' products and services that may be of interest to you. When this happens, we remain in control of your data and it will not be shared outside the Cox and Kings group.
Occasionally we hire other companies to provide services on our behalf, for example mailing information to our customers. We only provide those companies with the personal details relating to our clients which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details for this reason agrees to treat it with the same level of protection we are obliged to provide.
From time-to-time, our staff, customers and suppliers may take photographs of tours in progress, including pictures of our customers. These pictures may be used in future marketing materials and stored physically and digitally. If you do not wish for your pictures to be taken or used in this manner, please advise your Tour Leader or an Explore staff member at the start of your trip.
If you do not want us to do any or all of these things, please let us know as soon as possible.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.
Please note calls may be recorded for training and monitoring purposes.
Telephone calls may be recorded for training and monitoring purposes.