Tailormade Booking Conditions Booking Conditions 2015/16
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, 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 20% of the total holiday price, per person and any appropriate insurance premiums (or full payment if booking within 90 days 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 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 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. Your flights and accommodation will only be requested from our suppliers by us once the 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 e-mail, 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 email@example.com
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. It is at this point that our price guarantee will take effect. Any such difference will not be a surcharge and, if an increase, will be payable in full. 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.
3. Payment for your Holiday
The balance of all monies due 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. You can pay the deposit and full amount by cheque, credit or debit card. We accept Visa and Mastercard. A credit card fee of 1.52% is payable for all credit card transactions. 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 card.
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) 90 and more days before holiday start date – retention of deposit
b) 89-42 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
If you have a complaint about any of your trip arrangements, you must tell both the relevant supplier and our representative at the time. It is only if we and the supplier know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If your complaint cannot be resolved on trip you should notify us in writing within 28 days of the end of your trip. If we are unable to mutually resolve your complaint you 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. Alternately you can refer your complaint 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, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof. Please note that Dispute Settlement Services Ltd are not listed on the Government's Alternative Dispute Resolution (ADR) scheme ADR list but still able to provide Arbitration. Please also see clause 1: Your Trip Contract.
7. Passports, Visas and Vaccinations
Please see general information pages 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.
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 an 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. 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. 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 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 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, 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: £40
Very rarely, we may be forced by "force majeure" (see clause 13) 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.
12. 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 13), 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 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 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).
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 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.
14. 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 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 holidaymaker to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 14(1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(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 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 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 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 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 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.
16. Building and development
Many resorts and hotels are continuing to develop. We will endeavour to inform you of any building work of which we are aware in advance of your holiday which we consider may have a material effect on your contracted holiday services. However, it may be difficult to foresee the extent and impact such activity will or may have at any particular time.
The timings of air, sea, road or rail departures are estimates only. Subject to clause 11 "If we Change your Holiday", we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your holiday 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 holiday 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 specially arranged travel insurance policy offers some monetary compensation for flight delays over 12 hours to cover lost holiday time or delayed return (not applicable to flights within a holiday 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 such 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 in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. 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 your airline does not comply with these rules you should complain to the CAA at www.caa.co.uk.
18. 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: July 2015
Explore Worldwide Ltd.
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.
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 Trip Note requests, provide your trip 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 trip 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 trip 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 trip is to take place or involves suppliers outside these countries.
We would also like to store and use your personal details for future marketing and trip review purposes (for example, sending you a brochure or details of new features, trips 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 will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so).
We may also send you promotional information about selected third parties’ products and services that may be of interest to you.
Occasionally we hire other companies to provide services on our behalf, for example providing holiday reviews and 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.
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.
Please note telephone calls may be recorded for training and monitoring purposes.
From time-to-time, our staff, customers and suppliers may take photographs and video footage of trips 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 family to be filmed or for your pictures to be taken or used in this manner, please advise your Explore Leader and/or the photographer at the start of your trip.
As our privacy statement may change due to developments in the law, we would encourage you to re-read our privacy statement at www.explore.co.uk/privacy-policy from time to time so that you are aware of any changes in how we gather and use personal information.