The following booking conditions form the basis of your contract with Travaleur Limited. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to tour arrangements which you book with us before you leave on your tour and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references to “tour” in these booking conditions are to these tour arrangements.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Travaleur Limited. References to “departure” are to the start date of the tour arrangements we have contracted to provide (which will be the departure date of your outbound flight where we have booked this for you). All references to flights are to flight arrangements which are booked through us unless otherwise stated.
1. MAKING YOUR BOOKING
Our website provides details of a number of itineraries for each of the countries we feature. Subject to availability, you will generally have the choice of a 3 star, 4 star or 5 star version of our featured tours depending on the standard of accommodation and other services you wish to book. You may choose to make a booking for a group tour (“group booking” or “group tour”) or may instead choose to travel on your chosen itinerary on an individual basis and not as part of a group (“individual booking” or “tailor made”). Tour package prices offered are for the ground tour elements only and exclude international flights. Flights may either be booked through us or you may make your own flight arrangements. The cost of your tour covers only those items which are specifically included.
The person who communicates with us in respect of any booking (“lead customer”) must be at least 18 and be authorised to make the booking on the basis of these booking conditions by all persons who will be travelling on that booking. By making a booking enquiry or request, the lead customer confirms that he or she is so authorised. The lead customer is also responsible for making all payments due to us in respect of that booking.
If you are interested in making a tailor made booking, you can submit an online enquiry, call or email us to discuss your specific requirements in greater detail. Once we are in a position to do so, we will confirm the availability of the arrangements (or suitable alternatives) and provide you with a quotation. If you then wish to book, you will need to make the payment referred to in clause 2 below and provide whatever details we may request by whatever date(s) we may specify. Where you submit your booking request online, any automated electronic acknowledgment of its receipt is not a confirmation of the booking.
Our group tours are subject to availability as well as minimum and maximum numbers. If you are interested in booking a group tour, you should select your preferred tour and departure date on our website. As soon as we are able to do so, we will notify you of the tour’s availability status and, where available to book, will send you a payment link.
Subject to availability and receipt of the applicable payment, we will confirm your tour by issuing a confirmation invoice. This invoice will be sent to the lead customer. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Important note in relation to all bookings which include flights: We act as an agent for Aviate Management Limited (‘Aviate’) in respect of all bookings including flights we take and/or make on your behalf. When making your booking we will arrange for you to enter into a contract with Aviate and their Terms & Conditions will apply to your booking. We advise you to read these carefully as they do contain important information about your booking. As agent we accept no responsibility for the acts or omissions of Aviate or for the services provided by them. All flight inclusive travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to Aviate. We are free to accept that offer on behalf of Aviate or to reject it.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to firstname.lastname@example.org.
In order to confirm your chosen arrangements, a deposit payment will be required. The amount of the deposit varies depending on your trip and will be confirmed on the quotation page of your itinerary (full payment will be required if booking within 3 months of departure). This must be paid at the time of booking. On occasions, a larger advance payment may be payable where, for example, the full cost of any permits or flights arranged through us is required at the time of booking. All sums paid at the time of booking will be treated as forming part of your deposit for the purposes of cancellation charges. Where full payment is required at the time of booking, up to 100% cancellation charges may also apply from confirmation of booking in the event that you subsequently cancel.
The balance of the tour cost must be received by us not less than 3 months prior to departure. This date will be shown on the confirmation invoice. Reminders are not normally sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep the deposit paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges referred to in clause 7 depending on the date we reasonably treat your booking as cancelled.
All payments made to us for services owed by Aviate are received and held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust but subject to our right and obligation to make payment to Aviate for so long as Aviate does not fail.
3. YOUR CONTRACT
A binding contract between us, or between you and Aviate, comes into existence when we issue a confirmation invoice to the lead customer.
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 (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) 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 claim governed by the law of Scotland / Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. THE COST OF YOUR TOUR
Please note, changes and errors occasionally occur. You must check the details of your tour at the time of booking.
We reserve the right to increase or decrease and correct errors in advertised or notified prices at any time before your booking is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Occasionally our tours may be discounted for a limited period for promotional purposes. Discounts cannot be applied retrospectively to reduce the price of a confirmed booking.
The price of your tour will be calculated at the time of booking in USD by applying the applicable currency exchange rate(s) as current at the time of quotation (using an appropriate daily rate) to the cost of the arrangements purchased from our suppliers. Where the price of your tour is given at the time of booking in GBP, EUR or CAD, this price is calculated by converting the USD tour price into the relevant currency using an appropriate daily exchange rate. However, the tour price we will charge on booking will be the cost calculated in GBP which your credit card issuer will then convert into your chosen / local currency. This figure may be different to that quoted by us at the time of booking in EUR, USD or CAD as the card issuer may use a different currency exchange rate. This same process applies to the calculation of any cancellation charges, refunds or other payments due from or to any suppliers. We have no control over the exchange rates and transaction charges applied by card issuers. If you have any queries or concerns over these in any respect, you will need to raise these with your card issuer.
Once the price of your chosen tour has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package.
You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your tour.
If any surcharge is greater than 8% of the total tour cost, clause 9 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the tour cost or within 14 days of the issue date printed on the invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your tour due to contractual and other protection in place.
In relation to the price of your flight inclusive booking, please see the Aviate terms and conditions.
5. SPECIAL REQUESTS AND MEDICAL CONDITIONS / DISABILITIES / REDUCED MOBILITY
If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. 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. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
Our tours may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed tour arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. Please bear in mind that our tours typically take place in developing countries where adaptations and other assistance for individuals with reduced mobility or other disabilities are generally not available in the same way as you may be accustomed to in your home country.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your tour arrangements (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and / or making the booking. Medical facilities may not be readily available in many places. We will endeavour to obtain as much information from our suppliers as we are reasonably able to so as to assist you in making an informed decision. You must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your tour arrangements develops after your booking has been confirmed. Where applicable, we may ask you to provide a letter from your doctor confirming your fitness to travel.
Special diets should be notified to us in writing at the time of booking. However, it is not always possible to expect special diets to be catered for in some of the destinations we feature. We will advise our suppliers of your request, but we cannot always guarantee their availability. If you suffer from any potentially life-threatening allergy, please consider whether the holiday arrangements you are considering are likely to be suitable. Whilst we will pass dietary restrictions of which we are notified in writing in good time before departure (including food related allergies) to suppliers, we do not and cannot guarantee that such restrictions will always be observed and accordingly do not accept liability if they are not. Suppliers and their personnel will often not speak English either at all or with any great degree of fluency and may not in any event be able to avoid the food element to which you are allergic or appreciate that the food they are cooking contains this. You must satisfy yourself that any food you consume will not cause an allergic reaction.
6. CHANGES BY YOU
Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such request. Where we can, any costs or charges incurred or imposed by any of our suppliers in order to make the change will be payable. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed. Changes to any aspect of your tour after departure may not be possible but where they can be made, will be subject to this clause.
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers must be paid before the transfer can be effected. These are the joint responsibility of the original party member and their replacement.
As certain arrangements (such as flights) cannot be changed after a booking has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service if required. Some of our suppliers do not permit us to change names or travel dates after confirmation and may impose cancellation charges of up to 100% of the cost of the service in question which must be paid by you. This must be paid by you in addition to the applicable cost of rebooking the service or an alternative if you wish to make the transfer / name change or other alteration.
In relation to changes to your flight inclusive booking, please see the Aviate terms and conditions.
7. CANCELLATION BY YOU
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 6. If you want to cancel your booking after we have confirmed it, written notification of your cancellation must be sent to us by e-mail. As proof of receipt, you must ensure you receive and retain a written acknowledgement from Travaleur and not an automated reply. Your notice of cancellation will only be effective when it is received and acknowledged by us during our usual office opening hours. Cancellation charges will be payable depending on how close to departure you cancel. We will be entitled to retain your deposit in any event. If you cancel less than 3 months before departure, additional charges may also be payable where our suppliers impose charges in excess of those which are paid or due to them at the time of booking. Cancellation charges are likely to increase the closer to departure date and may amount to 100% of the total price of your booking. No refunds will be made for contracted services or activities which you do not use or participate in or in the event that you leave your tour.
In respect of cancellation of part of your booking, the cancellation charge payable by you will comprise of any direct cancellation costs and charges we incur as a result of such cancellation, our reasonable administration costs of dealing with the cancellation arrangements, plus any advance payments in connection with the cancelled part of the holiday to the extent not already paid, although we shall endeavour to mitigate these to the extent we can reasonably do so.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of persons travelling on your booking below the number on which the agreed price was based, we will recalculate the cost of the tour arrangements for those still travelling and re-invoice you accordingly as additional supplements may apply to the price for the remaining guest(s). At certain times of year, for example peak season, or for certain products (example some safari lodges and permits) stricter cancellation conditions may apply.
In relation to cancellations of your flight inclusive booking, please see the Aviate terms and conditions.
All persons travelling must have comprehensive travel insurance for your tour including all activities which you will or may engage in whilst away. This insurance must include an appropriate level of cover for cancellation, medical expenses, injury, death, emergency repatriation and personal liability claims. Some suppliers stipulate a minimum level of cover. Please check whether this applies to your tour at the time of booking. We cannot be held responsible if you purchase an inadequate insurance policy. Details of the insurer, policy number and emergency contact must be provided when requested. We are entitled to refuse to allow you to commence your tour if we are not reasonably satisfied that you have travel insurance.
Please read your insurance policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs and for the tour arrangements you are undertaking. If in doubt whether an activity is covered by your policy, please ensure that you contact your travel insurance company for clarification.
9. CHANGES AND CANCELLATIONS BY US
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 9. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 5. Where we have to do so, clauses 9(4) and 9(5) will apply.
(2) All alterations which are not significant in accordance with clause 5(1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant except where otherwise specified in these booking conditions (see clause 20). Where you book flights through us, a change of flight time of less than 12 hours, airline, departure airport between airports serving the same city, type of aircraft (if advised), destination airport will also all be treated as insignificant changes. The same applies to a change of accommodation to that of a similar standard and with similar facilities.
(3) The operation of our group tours is subject to minimum and maximum numbers. You will be advised before your booking is accepted of the minimum number of participants required for your group tour. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 20 days before departure for tours lasting more than 6 days, 7 days before departure for tours lasting between 2 and 6 days and 48 hours for tours lasting less than 2 days. In the event that the total number of participants on a group tour falls below the stipulated minimum (including as a result of cancellation), we will, where we can, offer you the choice of paying an adjusted price based on the total number actually travelling. Where we cannot do so or participants do not wish to accept the adjusted price, we reserve the right to cancel your booking and the tour providing we notify you of the cancellation by the deadline below. Where we have to cancel your booking in these circumstances, you will receive a full refund of all monies paid to us (other than any amendment or cancellation charges which have already been incurred). No compensation or other sums will be payable in addition. We will not cancel for this reason later than the deadlines stipulated in this clause. Please note, payment of an adjusted price as a result of the number travelling being smaller than the applicable minimum is not an alteration of the price agreed for the tour at the time of booking. This is an option we offer where we can as an alternative to cancellation in the event the minimum group size condition applicable to the tour is not met.
(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative tour arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative tour arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(5) If you choose to cancel your booking in accordance with clause 9(4), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 10).
(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted tour arrangements as a result of unavoidable and extraordinary circumstances (see clause 10) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group tour has not been achieved and we notify you of cancellation for this reason as referred to in clause 9(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you alternative tour arrangements, where possible, which you may choose to book in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 7 will apply.
(7) In the event that unavoidable and extraordinary circumstances (see clause 10) occur in the place of destination of your tour or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any amendment charges). We will notify you as soon as practicable should this situation occur. You will not be entitled to any additional compensation.
In relation to changes to or cancellations of your flight inclusive booking by Aviate, please see the Aviate terms and conditions.
10. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
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 obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened), but are not limited to, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics / epidemics, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
11. OUR LIABILITY TO YOU
(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 booking conditions, 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 (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following: -
- the act(s) and / or omission(s) of the person(s) affected; 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
- unavoidable and extraordinary circumstances as defined in clause 10 above.
(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 accommodation or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your tour. Please also see clause 16 “Activities and general area information”. 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) Accommodation and other tourist services included in your tour are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where we organise tours are often lower than the comparable standards you may be accustomed to in your home country. We will at all times endeavour to appoint reputable suppliers. The terms and conditions of our suppliers and their local operators will be applicable to you and may limit or exclude their liability to you.
(5) 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 applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, 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 standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim 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 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(6) Except as set out in clause 11(7) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total tour cost paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 11(7). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
(7) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and / or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(7). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention 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, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(8) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) 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) 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) relates to any business (including without limitation, loss of self-employed earnings).
In relation to Aviate’s responsibility for your flight inclusive booking, please see the Aviate terms and conditions.
12. COMPLAINTS AND CLAIMS PROCEDURE
In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your tour arrangements, you must immediately inform your driver / guide or our other local representative / agent (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Many problems can easily be dealt with and resolved on the spot. Any verbal notification must be put in writing and given to your driver / guide or our local representative / agent and the supplier as soon as possible. If the situation is not locally resolved to your satisfaction within a reasonable time, you must email us as soon as possible during your holiday. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly.
In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us, by email, with full details within 28 days of your return from the tour. Please include your booking reference in all correspondence.
If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 11(6), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
You should contact Aviate directly in relation to any complain or claim you may have in relation to a flight inclusive booking. You will find their contact details here.
13. ASSISTANCE WHILST YOU ARE ON TOUR
In the event you end up in difficulty (of any sort) during your tour, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
14. BEHAVIOUR AND DAMAGE
When you book with us, you accept responsibility for any damage or loss you cause. 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.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the tour services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
15. CONDITIONS OF SUPPLIERS
The services which make up your tour 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 or EU regulations (see clause 11(6)). Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.
16. ACTIVITIES AND GENERAL AREA INFORMATION
We may provide you with information (before departure and / or when you are on tour) about activities which are not included in the cost of your tour but are available in the area you are visiting. We have no involvement in any such activities which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / other third parties and / or assist you in booking such activities in any way. We cannot accept any liability on any basis in relation to such activities and the acceptance of liability contained in clause 11(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 cannot guarantee accuracy at all times of information given in relation to such activities or about the area you are visiting generally or that any particular activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to area information and / or such activities which can reasonably be expected to affect your decision to book a tour with us, we will pass on this information at the time of booking.
17. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
General information regarding passport and visa requirements applicable to your tour will be provided before your booking is finalised. You will require a passport in order to travel on any of the tours we offer which is likely to need a minimum validity period of 6 months after the end of your holiday. Please be sure to also consult the travel advice produced by the government of your home jurisdiction, the government who issued your passport (if different) and the visa and entry requirement(s) the government(s) of your destination(s) as information requirements may change.
The cost of obtaining any required visa(s) is not included in the price of your tour. It is your responsibility to obtain any visa(s). In the event that you are unable to do so for any reason and you cannot travel as a result, cancellation charges will apply as referred to in clause 7.
It is the lead customer’s responsibility to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. Requirements do change and you must check the up to date position in good time before departure.
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 or otherwise comply with any passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
It is your responsibility to ensure you are aware of all recommended and required vaccinations and health precautions in good time before departure. Details are available from your doctor / GP surgery, local travel clinic and the National Travel Health Network and Centre https://travelhealthpro.org.uk/countries. Vaccination and other health requirements / recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information. Some countries require certificates for mandatory vaccinations depending upon recent travel and current policy. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication(s) and follow all medical advice provided by your health care provider in relation to your holiday.
18. FOREIGN OFFICE ADVICE
The UK Foreign and Commonwealth Office publishes regularly updated travel information on its website https://www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
19. FINANCIAL SECURITY
All packages which do not include flights which are arranged through us will be protected by Protected Trust Services https://www.protectedtrustservices.com/services/consumer-protection/
If you book additional travel services via the Skyscanner link on this website not later than 24 hours after receiving the confirmation of the booking from Travaleur, those travel services will become part of a linked travel arrangement. In that case Travaleur has, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place as above to refund your payments to Travaleur for services not fully performed because of Travaleur’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
All bookings which include flights will be protected by the ATOL of Aviate Management Ltd and full details of that protection can be found in their terms and conditions.
- You can access the Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
20. DELAY AND DENIED BOARDING REGULATIONS
In the event of any flight delay or cancellation at your UK or overseas point of departure, where applicable the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). We regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, 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 EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, 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, 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 may use the CAA Passenger Advice and Complaints Service. See https://www.caa.co.uk/passengers/resolving-travel-problems/ for further details.
21. WEBSITE / ADVERTISING MATERIAL ACCURACY
The information appearing on our website and in our other advertising material is believed to be 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 at the time of booking.
22. SAFETY STANDARDS
Please note, it is the requirements and standards of the country in which any services which make up your tour are provided which apply to those services and not those of your home country. As a general rule, these requirements and standards will not be the same as your home country and may often be lower.
Version 1.0 – Effective 19 February 2020