1. Holiday Payment
You must pay a non-refundable deposit per person when confirming a booking. The balance of the price of the holiday is due for payment no less than 56 days before departure for all coach holidays. If the balance is not paid on time we reserve the right to treat your booking as cancelled by you and apply the cancellation charges set out in Clause 3. For bookings made on or after the balance due date, the full amount is due at the time of booking. The person making the booking is responsible for the whole group and takes responsibility for paying for the number of people confirmed on the booking form. You must be at least 18 years old to make a booking with us.
A contract is made when we, verbally confirm your booking or, if you confirm your booking online, it is confirmed by the issue of an electronic confirmation and invoice at the end of the booking process which you must print and keep. For all other bookings, we will endeavour to post our confirmation to you within 7 days of receiving your booking. You must check all documents you receive from us carefully as soon as you receive them. We cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of us sending it out (in the case of travel documents/tickets, 5 days). Both parties agree that English Law 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). Both parties also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between both parties must be dealt with by the Courts of England and Wales, only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country, or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us, governed by the law of Scotland/Northern Ireland, as applicable (but if you do not so choose, English law will apply).
3. Holiday Cancellation by You
If you want to cancel your booking after we have confirmed it, you must do so in writing (not by email) and send or hand deliver it to us. Your notice of cancellation will only be effective when it is received in writing by us at our offices. Insurance premiums, credit/charge card and PayPoint card fees and amendment fees are not refundable. We will ask you to pay cancellation charges per person on the scale shown below. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums, credit/charge cards and PayPoint card fees, amendment charges and any additional services all of which are non- refundable.
More than 56 days-Loss of deposit
Between 29 and 55 days – 75% or full deposit if greater
Less than 29 days – 100%
In the event of a cancellation of a booking secured by a low deposit, we reserve the right to collect the balance of the full deposit amount. For flight inclusive bookings, you must pay the charges levied by the airline concerned, in addition to the charges set out above. You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below, the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £20 per person, must be paid before the transfer can be affected. 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.
4. Holiday Alteration by You
Should you wish to make any changes to your booking, please advise us as soon as possible in writing. Whilst we cannot guarantee a change, changes can be made to your booking, we will endeavour to meet requests if we can. Where we are able to do so, the following charges will apply (in addition to any charges our suppliers may impose or incur, this could be 100% of the transport cost): We may charge an amendment fee of £10 per booking for each item you want to change. However, some changes made after balance due date (see Clause1), may be treated as a cancellation of your original booking. In that case, we may ask you to pay cancellation charges on the scale shown above in Clause 3, together with the full cost of your new holiday, plus any further costs we may incur. Insurance premiums are normally transferable from one holiday to another (including when you travel earlier or later than originally booked), but not from one person to another.
5. Alterations and Cancellations by Us
Occasionally, we have to make changes to and correct errors in our brochures and other details, both before and after bookings have been confirmed. We may also have to cancel confirmed bookings. Whilst we always try to avoid making changes and cancellations, we must reserve the right to do so. Most changes are minor and we will try to tell you of such changes before you leave on holiday. Occasionally, we have to make a significant change to your holiday before departure such as the following: a change of outward departure time of more than 12 hours; a change of departure point to one which is more than 20 miles away; a change of destination (ie. country); a significant change in itinerary; a change of accommodation to that of a lower category for the whole or the majority of your holiday. If there is time to do so before departure, we will offer the following options: (a) accepting the changed arrangements; (b) transferring to an alternative holiday offered by us, of a similar standard to that originally booked if available. If your alternative holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept this alternative you may choose any of our other available holidays and pay the applicable price of any such holiday. This will mean you paying more if it is more expensive, or receiving a refund if it is cheaper; or (c) cancelling or accepting the cancellation, in which case you will receive a full and prompt refund. PLEASE NOTE: the above options are not available where any change made is a minor one. If we have to make a significant change, or cancel, we will pay you the compensation set out in the table below, subject to the following exceptions: (i) 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, or 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; or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. 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), or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know as a tour
operator, we could not reasonably expect to have a significant effect on your holiday. A change of flight time of less than 12 hours, airline (except as specified in Clause 18), type of aircraft (if advised) or destination airport will all be treated as minor changes. Period of notification given to you prior to departure date Minimum compensation per fare paying passenger when major change
Between 14 and 28 days – £10
Less than 14 days – £20
*Compensation, where shown as a percentage, is calculated on the basis of the basic holiday price paid, excluding insurance premiums and any credit/charge card and PayPoint card fees and amendment/cancellation charges. In all cases, our liability for significant changes and cancellations is limited to offering you options and, where applicable, compensation payments. Very rarely, we may be forced by ‘force majeure’ (see below) 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.
6. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance, or prompt performance, of our contractual obligations to you is prevented or affected, or you otherwise suffer any damage, loss or expense of any nature as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemics/epidemics and all similar events outside our control.
7. Itinerary Changes
It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, ships and aircraft do occasionally break down, or certain facilities on board a coach, train, ship or aircraft may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances it may be necessary to replace the vehicle or aircraft which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown.
8. Travel Delay
Whilst we try to avoid flight delays and delays to your sea crossing/tunnel crossing, unfortunately, they occasionally happen. If there is a delay of a flight booked by us as part of a package holiday, we will endeavour to minimise any discomfort by providing extra services to you (in the event of delay to your rail/air departure, responsibility for any meals rests with the airline, or rail operator). These additional services are subject to availability. We shall not be responsible for reimbursement of any payment you have to make unless we have given our agreement beforehand.
9. Artists, Concerts, Entertainments and Rides
We cannot accept responsibility for the non-appearance of any artist or the cancellation/withdrawal/closure of any concert/event/entertainment/ride (eg. at Disneyland® Paris) for whatever reason. Should any such situation arise, the holiday arrangements will still proceed. We will not always be in a position to advise you in advance of any such cancellation etc. Such situations will not constitute a significant change to your holiday arrangements entitling you to cancel or change to another holiday without paying our normal charges, and no compensation, refunds or expenses will be payable.
10. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international Conventions (see Clause 15 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
11. Special Requests
We will endeavour to pass on any reasonable requests to the relevant supplier, but cannot promise that any request will be honoured and may not always be able to tell you before you leave if we cannot meet your special requests. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
12. Complaints Procedure
Should you have a complaint about any aspect of your holiday, you must notify our Tour Manager or our Duty Manager, or one of our representatives, together with the supplier of the services in question, immediately so that the problem can be quickly resolved in the resort. If the matter cannot be resolved, you must immediately complete a Customer Complaint Form (available from our representative) with details of your complaint. You must send this report to us within 28 days of returning home. Disputes arising out of, or in connection with, any contract for non air- inclusive holidays only, which cannot be amicably settled, may be referred to arbitration, if the customer so wishes. We undertake to deal with your complaint promptly, carefully and fairly, but cannot accept liability in respect of any claim of which we are not notified in accordance with this clause. A letter to confirm that we have received your complaint will be sent to you within 7 days to confirm receipt of your letter and a reply will be sent to you 4 weeks from the date we confirm receipt of your letter.
13. Holiday Insurance
It is a condition of booking a holiday with us that you take out insurance. The insurance Experience Group Travel offers is for United Kingdom residents only. Should you decide not to purchase our insurance, any you obtain from a third party must offer cover at least as comprehensive as ours. You must provide us with the insurance company, telephone number, policy number and details of the emergency and medical repatriation telephone number relating to such a policy within 14 days of booking. If you purchase our insurance, cover will not be effective until we receive all applicable premiums in full. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
14. Pricing Policy
The prices given to you are based on known costs and exchange rates at the time of 1st February 2014. We will, however, depending on the circumstances increase or decrease prices by way of a surcharge or refund of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports change. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday, will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday, you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us, as referred to in Clause 5. The total cost of your holiday for the purpose of calculating 2% or 10% as above excludes insurance premiums, credit/charge card and PayPoint card fees and any amendment charges. Although insurance (where purchased through us) does not form part of your contract with us or of any ‘package’, we will consider an appropriate refund of any insurance premiums you have paid us, if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where applicable. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of the start of your holiday. No refund will be payable if any decrease in our costs occurs during this period either. We reserve the right to increase or decrease prices at any time after brochure publication, as our costs change and exchange rates fluctuate, or to correct errors. The current prices of our holidays are shown on our website and are available by phone. Please ensure you have checked the price of any holiday you are interested in before making your booking.
15. Our Liability (Events Connected with your Holiday Package)
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 Booking Conditions, 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 person(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 6.
3. We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our brochures 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. If the particular services which gave rise to the claim or complaint complied with 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 U.K. which would have applied had those services been provided in the U.K. 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 holiday in question.
5. 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 £35 per person affected. 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 credit/charge card and PayPoint card fees and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under Clause 15 (6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
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 or any stay in a hotel, 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 or hotelier concerned would have to pay under the International Convention or Regulation, which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention 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 for international
travel by sea or the Convention concerning International Carriage by Rail (COTIF)). Where a carrier or hotelier 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 transport provider or hotelier, for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
7. We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) 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 (b) 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 or (c) which relate to any business (including loss of self employed 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 12, above. If asked to do so, you must transfer to us, or our insurers, any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we, or our insurers, want to enforce any rights which are transferred.
16. Passengers with Health Considerations/Disabilities
Our holidays may not be suitable for people with certain disabilities or medical conditions. If you have a disability, coaches can be difficult to get on and off and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. We always endeavour to assist if we reasonably can where additional equipment needs to be transported in relation to a disability or medical problem. However, please bear in mind that coaches are subject to overall weight restrictions and have limited space to accommodate the luggage of all passengers. If we have already agreed to transport such additional equipment for an earlier booking, we may be unable to do so for a later booking for the same coach. This is particularly the case where any such equipment is relatively bulky or heavy. We will not usually be able to carry more than one mobility scooter on a coach. Carriage of any equipment is subject to its individual size, weight and other details, full details of which must be provided at the time of booking. Airlines have their own restrictions on the carriage of such equipment. Should you suffer from any disability or medical condition which may affect your or other passengers’ holidays, you must provide full verbal and written details at the time you book the holiday, including any specific requirements you have. Additionally, at the time you book the holiday, you must provide verbal and written confirmation that all assistance required will be provided by your travelling companion(s). You must also notify us of any changes or deterioration in the disability or medical condition, or development of any disability or medical condition after booking. In view of the nature of our holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development, deterioration or change of any disability or medical condition occurring after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any particular customer or where, in our reasonable opinion, the medical condition or disability of the customer concerned is likely to have a significant adverse effect on other customers taking the same holiday. We further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the booking is made and/or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made at the time the person concerned joins the coach for the first time as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any customer affected by a disability or medical condition must ensure they have notified this to their travel insurers, and that their travel insurance will cover it. As it is a condition of booking that all customers have adequate and appropriate travel insurance, we are entitled to insist on evidence that the disability or medical condition is covered.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss or the 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 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. In the event of any customer behaving in such a way as is likely, (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, danger, damage, discomfort or distress to others, we reserve the right to terminate that person’s holiday arrangements. In this situation, we will not be liable to complete your holiday arrangements (including return travel arrangements) and will not pay you, nor be liable for, any refund, compensation, or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation, or if facilities are removed as a result of their action.
18. Optional Excursions
Optional Excursions are included in some itineraries. Wherever possible we ensure that they operate in accordance with the advertised itinerary, but reserve the right to make alternations if necessary. Some excursions may be subject to weather conditions or minimum numbers. Your local tour manager will give you full details. No refunds are possible if you miss an excursion for whatever reason. We also reserve the right to increase our optional excursion prices if booked in resort.
19. Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide (such as name, address, any special needs/dietary requirements etc). We take full responsibility for ensuring that proper security measures are in place to protect yo
ur information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
20. Credit Card Charges
Please note that all credit card transactions carry a £5.00 transaction charge. In addition 3% will also be added to the payment being made. There is no charge for payments made by Debit card, Cheque or cash.
21. Baggage Allowance
Those on tours travelling by coach are asked to limit baggage to one piece plus hand luggage per person
22. Departure Time & Pick up Points
Departure times are often in the early hours of the morning and will in most cases be on the date stated. However in some cases, such as if you are travelling by coach and live more than 7 hours driving time from the departure point, your departure date may be the day before. This may also be the case when returning from your tour, your arrival date back at your original pick up point may be the following day. Pick up points are operated subject to a minimum of 5 passengers, if less than 5 passengers are booked at a particular location we reserve the right to move you to the next closest point (within 20 miles). Pick up points can be guaranteed on payment of a reasonably priced supplement.
23. Our Brochure & Website descriptions
We make every effort to ensure that our tour information is accurate at the time of going to press. However circumstances beyond our control (such as those described in section 6) may make it necessary to change some arrangements. We cannot accept liability for cancellation or curtailment in these instances. Unless otherwise stated our prices are per person based on sharing twin or double bedded rooms. Single rooms are available on most departures. Private facilities provide a WC and either bath or shower for your exclusive use. If a triple or family room is requested, a twin/double with extra beds may be provided. In some countries, particularly in family run hotels, the dining/bar areas may be in a separate building from the accommodation. In this brochure the term “hotel” covers all accommodation and does not necessarily distinguish between local terms such as Motel, Inn, Lodge or Village. Regrettably standards of infrastructure, hygiene, safety, fire precautions etc vary from country to country. In more remote areas electricity/water supplies may be liable to disruption for short periods. We also recognise the inconvenience caused by building works taking place on or near your accommodation in fast expanding resorts. We have no control over such developments but if we find out about them and believe they will seriously affect your enjoyment we will tell you and give you the opportunity to transfer to another Tour or cancel without penalty. In some areas the local situation may demand that you take safety precautions. Advice will always be available from the appropriate tourist office or from our representative. Alternatively you can call the Foreign Office Travel Advice Unit on 0845 8502829 or www. fco.gov.uk Web site – in the event of your on-line confirmation showing an incorrect price for your holiday, the price that will prevail is the price shown in our most current brochure.
24. Passports and Visas
It is your responsibility to ensure that you meet all passport and visa requirements for your journey overseas as well as all costs in securing the required documentation. We are unable to make any refunds to clients unable to travel through failure to obtain a passport or visa.