BOOKING CONDITIONS (Valid for bookings from 17th January 2017)
Important information for your holiday We want to be sure that you understand both your and our obligations when you book a holiday with us.
The following Booking Conditions form the basis of your contract with us – G Adventures (UK) Limited (Company number: 04956006), part of G Adventures (we, us and our). Our trading name is ‘Just You’.
Please read our conditions carefully as by asking us to confirm your booking we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them.
If your holiday includes a flight departing from (or returning to) a UK airport, your holiday will be operated by G Adventures (UK) Limited (Company number: 04956006). These holidays are ATOL protected by the Civil Aviation Authority (ATOL number 11266). G Adventures (UK) Limited is also a member of ABTA (the Association of British Travel Agents Ltd) ABTA number Y6412. For any holiday which does not include a flight, your holiday will be protected by financial failure insurance. Except where otherwise stated, these Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to holiday, booking, contract or arrangements mean such holiday arrangements unless otherwise stated and you and your mean 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. All bookings are subject to these Booking Conditions. Carriage by sea, river or air shall be subject to the carriers conditions of carriage some of which limit or exclude liability and which are hereby incorporated into this contract. Any compensation payable by us for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions and any laws and regulations which govern such services by the appropriate carrier. Excursions and tours shall be subject to the provider’s terms and conditions and our liability shall not exceed that of any carrier or supplier.
1. YOUR BOOKING AND DEPOSIT
The person making the booking (party leader) must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. By confirming the booking, the party leader agrees that he/she is so authorised and binds all other members of the party. The party leader is responsible for making all payments due to us. The relevant deposit per person (or full payment if booking within twelve weeks of departure for all tours) will be taken at the time of booking. If you wish to purchase the insurance policy we recommend you will be transferred to our insurance provider and will pay them directly. In most cases we will charge the deposit (per person) shown on the price breakdown page of the web site or in the relevant brochure at the time you book your holiday. However, these are liable to change and we reserve the right to request a higher deposit amount. On some holidays we may charge a higher deposit to cover any costs we have to pay immediately to secure your booking with our suppliers. This will be displayed in the checkout or made clear at the time of booking. Subject to availability and receipt of all appropriate payments we will then confirm your holiday by issuing a Confirmation Invoice which will be sent by email to the party leader or your travel agent. A binding contract comes into existence immediately once you have paid the applicable deposit (or the full balance for late bookings) and we have issued a Confirmation Invoice. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it.
From the 1st March 2016, if you book by telephone you will also be asked for your email address so that we can send you all the relevant documentation for your booking more efficiently. This will include your Confirmation Invoice, Holiday Information and final travel documents. If you require us to print out and post any of the documentation that could be sent to you by email there will be a charge for this service.
Special Sales: If there are services that you request from us in addition to one of our packages (such as an extension to your holiday, a connecting flight, or additional services) these will be put on request by our Sales Team and are subject to availability and confirmation of the price. Our team will advise you of this, take the appropriate deposit and send you a holding letter together with an ATOL Certificate. Once the additional service is confirmed we will advise you and if your international flight details have changed, send a revised ATOL Certificate to you.
If you have not received a Confirmation Invoice within 7 days of booking your holiday please contact us immediately. If we are unable to confirm your booking we or your travel agent will immediately refund any payments you have made to us or your travel agent. Please check the Confirmation Invoice carefully as soon as you receive it. Contact us or your travel agent immediately if any information that appears on the Confirmation Invoice or any other document appears to be incorrect or incomplete and especially if there are any errors in the spelling of your or any other passenger’s name (as they appear on their passport), as it may not be possible to make changes later. We regret we cannot accept any responsibility if you do not tell us about any mistake on your Confirmation Invoice within 7 days of our sending it out or immediately for bookings made within 12 weeks of departure. We will do our best to rectify any mistake notified to us but you must meet any costs involved in doing so.
Flights with ‘No Frills’ airlines - where you ask us to book flights for you with a ‘No Frills’ airline, we may ask you to pay the full airfare and any associated charges at the point of booking, in addition to the normal deposit payable on the holiday.
2. WHEN TO PAY THE BALANCE
The balance of your holiday cost must - in most cases - be received by us or your travel agent no less than 12 weeks before departure. For all Just You holidays a reminder will usually be sent by email 13 weeks before departure. The payment deadline will have been clearly marked on your Confirmation Invoice along with details of how to pay on line at justyou.co.uk/payments. If, for any reason, payment is not received in full by the due date, we are entitled to assume that you wish to cancel your booking and will retain the deposit paid and any other payments made at the time of booking (for example, the cost of the flight for a ‘No Frills’ airlines). If we do not cancel straightaway because you promise to make payment and we allow you additional time to pay at our discretion but you still fail to do so, or if we exercise our right to cancel you must pay the cancellation charges shown in clause 3 depending on the date we reasonably treat your booking as cancelled. We accept various methods of payment and there is no charge for paying by debit card. Please note: a 2.0% handling fee will be charged on all payments by credit / charge card.
For flight inclusive bookings made through one of our authorised travel agents, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
3. IF YOU WISH TO CANCEL YOUR HOLIDAY
If you wish to cancel your booking after it has been confirmed, the lead name must notify us (or your travel agent) of the decision as soon as possible. To notify us please send an email to Customercancellations@travjy.com or write to us. Any notification by telephone should be to our Service Centre and must be followed up in writing or by email, within 24 hours by the lead name to confirm the cancellation.
If the call to notify us of cancellation is from anyone other than the lead name then the lead name must confirm the cancellation in writing or by email. If you need to cancel your booking within 24 hours of departure please call our 24 hour Holiday Helpline on the number given in your holiday documents. If verbal notification is within 5 days of departure we reserve the right to cancel the booking after 24 hours.
Table 1 - Cancellation Charges as described in clause 3
Cancellation charges for all Just You Holidays except Just You UK City and Just You UK Christmas Market breaks
Period before scheduled departure date within which notice of cancellation is received by us / If you cancel your holiday, cancellation charge shown as a % of holiday price:
More than 75 days before departure / Loss of deposit only
43 - 74 days / 50% of holiday price
29 - 42 days / 75% of holiday price
15 - 28 days / 90% of holiday price
Day of Departure - 14 days / 100% of holiday price
Cancellation charges for Just You UK City and Just You UK Christmas Market breaks
Period before scheduled departure date within which notice of cancellation is received by us / If you cancel your holiday, cancellation charge shown as a % of holiday price:
More than 28 days / Loss of deposit only
8 - 27 days / 50% of holiday price
Day of departure - 7 days / 100% of holiday price
As we incur costs from the time we confirm your booking and may be unable to resell your holiday, the following cancellation charges will be payable depending on when notification of cancellation is received in accordance with these requirements (please see table 1). Charges for optional services including but not limited to insurance premiums, visa charges, excursion charges and Amendment fees are not refundable in the event of a cancellation.
Please note, if you paid an additional charge at the point of booking to secure specific services such as to cover the cost of a flight with a ‘No Frills’ airline (or to secure a special airfare or upgrade) or any other service, this cost is nonrefundable in the event of cancellation as 100% cancellation fee may apply as soon as the booking is made and the ticket is issued. Please ask for full details on cancellation charges at the time of booking but the scale of charges shown will be calculated on a % of the cost of all other arrangements and the non-refundable charges will be added to that cancellation charge to give the total charge. Where any cancellation reduces the number of full paying party members below the number which the price and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Please check your insurance policy to see if you are covered to claim back any cancellation charges paid to us.
4. IF YOU CHANGE YOUR BOOKING
It may be possible, subject to an Amendment Fee of £50 per person, to change the details of your booking after it has been confirmed, subject to availability. If you wish to change the departure date of your holiday or change to a completely different holiday, this will be treated as a cancellation by you of your original booking and the cancellation charges set out in clause 3 apply. If the change you wish to make to your holiday incurs costs or charges from our suppliers (such as a change of name in your booking) then you will have to pay these to change your booking, along with the Amendment Fee described above. For example, changes to airline flights, cruise bookings or accommodation arrangements normally involve either an additional fee or sometimes the need to make a new booking which has to be paid for again.
In addition, as most airlines do not permit name changes after confirmation, these charges are likely to include the full cost of the flight. The £50 per person Amendment Fee applies to each and every change you wish to make to your booking. Please note that any change that you request is only possible where our supplier confirms that there is suitable availability and if it is possible to make the suggested change.
Please note that any cancellation by a member of your party might result in supplements or additional charges by our suppliers such as for under occupancy of a room booked for double rather than single occupancy. This may result in the holiday price increasing for those remaining members of the party which will be passed on to you. This is not a cancellation charge and may not be recoverable under your insurance policy.
If you or any member of your party is unable to travel for any reason, you may transfer that person’s place on the booking or the whole booking to someone else/other people suggested by you, and acceptable to us, providing you meet the following requirements:
(i) Please contact us as soon as possible, and provide us with the name(s) of the replacement passengers and who they will be replacing from the booking. We can only transfer customers up to 14 days before departure, subject to availability.
(ii) At the time of making the transfer, you must pay the Amendment Fee and, if applicable the costs and charges detailed above in this section.
(iii) Any person travelling in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which may apply to the holiday before the transfer can be finalised. If the full price should have been paid when the transfer is requested but hasn’t been, this must also be paid before the transfer can be made. That person must show us evidence of their holiday insurance as your policy cannot be transferred to another person (and the premium cannot be refunded).
5. OUR PRICE PROMISE
We guarantee that absolutely no surcharge will be added to the basic price of your holiday once your booking has been confirmed irrespective of any subsequent fluctuation in currency exchange rates or increases in international air fares or other costs associated with the holiday. In return for this guarantee and its risk to us, we shall not be able to make any refunds in the event of favourable exchange rate variations or other decreases in costs, which may result in a reduction in the selling price. This price guarantee does not apply to any optional services including, but not limited to, insurance premiums, visa charges and Amendment Fees.
The price of our unsold holidays may go up or down depending on a variety of factors. The prices shown in our brochures and on our website are believed correct at the time of publication. We reserve the right to change prices from time to time. Accordingly, it is possible that when you book your holiday the actual price may have gone up or down. If the price of your holiday has changed, the correct price will be confirmed at the time of booking. We reserve the right to correct errors in our brochure or on our websites at any time prior to the price being confirmed at the time of booking.
Whilst every effort is made to ensure the accuracy of the website / brochure and prices at the time of printing, regrettably errors do occur. You must therefore ensure you check the details of your chosen holiday with us at the time of booking. On very rare occasions, we may unfortunately make a genuine mistake in the price we quote and subsequently confirm to you for your holiday. This may come to light at any time prior to your holiday. We are not obliged to honour the original price if a mistake has been made when pricing your holiday. We will ask you to meet any additional costs if you wish to go ahead with the holiday. However, should you not wish to meet these additional charges, you may cancel your holiday with a full refund.
Price Match Guarantee
If you find an identical holiday offered by one of our competitors (excluding any on line special offers or arrangements made by yourself rather than through a tour operator) at a lower price within seven days of booking with us, our ‘price match’ will apply. When referring to the same holiday, we mean another holiday which: Departs on the same date from the same port/ airport using the same flight with the same carrier. Visits the same destination/s. Has the same duration (i.e. number of nights/days). Offers the same number of included excursions. Features accommodation of the same standard and board basis and where applicable the services of a Tour Manager/Local guide. If this happens we will refund the difference between the cost of the holiday that you have booked with us and the price of the identical holiday offered with our competitor.
All holidays featured on our websites or in our brochures are subject to availability.
6. IF WE CHANGE OR CANCEL YOUR BOOKING
We start planning the holidays we offer many months in advance and occasionally we have to make changes to and correct errors on our websites, in brochures and other details both before and after bookings have been confirmed. Occasionally this means that we may have to cancel confirmed bookings and we reserve the right to do so at any time. Usually any change to the content of the holiday is made as a result of our becoming dissatisfied with the service provided by a supplier, such as the hotel or airline and thus the changes are made to maintain the quality of your holiday at the best possible level. Most changes are minor but occasionally we have to make a significant change. The following are examples of significant changes when made before you go on holiday:
A change in the time you are due to leave the UK to go on holiday or the time you are due to come back to the UK after your holiday of more than 12 hours.
A change of UK airport from the one you were due to fly to or from, except where the change is between London airports (Heathrow, Gatwick, Stansted, London City or Luton) or where the new airport is within 50 miles of the original airport.
A change of the main resort you were due to stay in, if the proposed accommodation is in a different city or resort and more than 15 miles from the original accommodation.
A change of your accommodation so that you have to stay somewhere of a lower standard than the accommodation you originally booked for a significant part of your holiday.
A change of cabin accommodation to a significantly lesser grade. Where you are taking a tour, a significant change to the itinerary. i.e. when the itinerary has to be changed by more than 50% and may have to exclude an iconic highlight. All changes which are not significant are treated as minor changes and therefore there is no right to cancel or to claim compensation. Please note: We do not classify a change of air or sea port as a significant change where coach transfers between a UK town and the relevant air/sea port are included in the holiday. A change of flight from direct to indirect is not classified as a significant change.
Very occasionally there is insufficient demand for a particular holiday. At any time up to the balance due date we reserve the right to cancel the holiday and offer you the choice of option (ii) or (iii) below should the number of passengers booked be insufficient to operate the tour. No compensation or refund of any expenses you have incurred will be payable in these circumstances. We will not cancel your holiday after the balance due date unless we are forced to do so as a result of circumstances outside our control (force majeure) as defined below or where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel such as paying on time.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of one of the following three options;
(i) You may accept the change (for significant changes) and if the changed holiday is of lower value we will refund any price difference.
(ii) Alternatively, we may be able to offer you an alternative holiday of equivalent standard (providing one is available) for which you will not be asked to pay any more than the cost of the original holiday. If this holiday is in fact cheaper we will refund the price difference. If you do not wish to accept the alternative holiday we specifically offer you, you may purchase any of our then available holidays, paying any extra or receiving a refund as applicable, in respect of any price difference. On rare occasions we may not be able to offer a reasonable alternative because one may not be available.
(iii) You may cancel your holiday/accept the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
(iv) If we notify you of a major change and you wish to change the date of your holiday, change to a different holiday or cancel your holiday you must tell us within 14 days of us advising you of the significant change to your holiday.
Please note: The above options are not available where any change made is a minor one (i.e. not described as significant as above).
If we have to make a significant change or cancel before departure, we will where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions listed below.
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 or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided with all due care or we have to cancel because the minimum number of bookings necessary for us to operate above). No compensation will be payable and the above options will not be offered where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time).
Passengers also have rights in certain circumstances which includes refunds and transportation. The circumstances in which these rights apply and the rights are set out in the Passenger Bill of Rights which is on our website at http:// www.cruising.org/about-the-industry/ regulatory/industry-policies/other/pbor
No compensation is payable for minor changes and we cannot accept liability for expenses that may be incurred if you have to change or cancel any arrangements you might have made before the minor change was advised.
Period before departure a significant change or cancellation is notified to you / Compensation payable per person (excluding infants):
More than 75 days before departure / NIL
29-74 days / £10
15-28 days / £20
8-14 days / £30
7 days or less / £40
The standard payments listed above will not affect your statutory or other legal rights.
Very rarely, we may be forced to change or terminate your holiday after departure but before the scheduled end of your time away as a result of ‘force majeure’ (see below).
In particular, when unexpected events such as extreme weather, civil strife or other force majeure events occur, we may be required to act to protect the safety of our customers. This may require us to either make substantial alterations to an itinerary, or in extreme cases make urgent arrangements to repatriate customers to the United Kingdom or another safe destination. 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 incurred by you as a result.
We do not wish to mar the prospective enjoyment of your holiday. However, sadly we have to be mindful of the global risk of indiscriminate terrorist attacks. You should be aware of up to date travel information and up to date travel advice for your chosen destination; please review the Foreign Office web site for detailed information www.gov.uk/foreign-travel-advice If, after departure, we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our very best to make suitable alternative arrangements for the contracted services which have not been provided.
If we cannot do so or you refuse to accept these for good reasons, we will arrange to fly you back to your UK departure airport (if the arrangements we agreed to provide included flights) or to transport you to the point our contracted services commenced (if elsewhere than your hotel) as soon as we reasonably can.
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 is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in clause 7(2)) as a result of force majeure. In these Booking Conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, technical problems with transport, closure of airports, ports or airspace, changes of schedules by airlines, adverse weather conditions, epidemics, health risks and pandemics, fire, closed or congested airports or ports and all similar events outside our control or the control of our suppliers. In addition, for the safety of all passengers on a cruise holiday, the crew, our employees and suppliers, the ship or other transport or third parties, we reserve the right to cancel, postpone, curtail or alter (without prior notice) your cruise or holiday, in whole or part, in the event of threatened force majeure.
7. OUR RESPONSIBILITY FOR YOUR HOLIDAY
(1) Subject to the provisions of the Athens Convention and EU 392/2009 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 and has affected the enjoyment of your travel arrangements, if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment and loss of possessions), 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’ events where we or our suppliers, even with all due diligence could not foresee or forestall as defined in clause 6 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 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 as part of our contract and any excursion or activities you purchase in resort. Please also see clause 10 below. 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 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.
(5) Please note that under the Montreal Convention, claims for damaged or delayed baggage for all airlines is set at a maximum of 1131 Special Drawing Rights (currently approximately £1,118) subject to proof of value and loss. Claims must be made in writing to the carrier concerned within 21 days and for missing items from baggage within 7 days. It is your responsibility to comply with these strict time limits by notifying the airline concerned. Particular difficulties may arise for cruise and tour customers if your baggage is delayed by the airline and there are difficulties with this catching up with you en-route. We will try to assist you in these circumstances but liability for any delayed baggage is the responsibility of the airline concerned and we will not be liable.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis our liability shall be limited to a maximum of twice the price (excluding any optional services including but not limited to insurance premiums, visa charges and Amendment Fees) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 7(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 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 or rail carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited to that amount. 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 (for example, the Warsaw Convention 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 (see also clause 23 Cruises) and COTIF, the Convention on International Travel by Rail and the Berne Convention). 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. Please also note that each convention specifies the time limits for making claims, which may be as little as one year from the date of the relevant incident arising. 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. The sums payable under the applicable international convention or regulation may well be less than a court would otherwise award to a person making a comparable claim where the international convention or regulation did not apply. You may therefore wish to consider insuring for the possibility of such unfortunate events, being careful to note any limitations, exclusions and restrictions contained in insurance policies.
(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 losses or expenses connected with any business including self-employed loss of earnings.
(8) Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. We only use reputable excursion suppliers and cannot recommend or suggest other excursion operators when we have had no opportunity to check their compliance with safety standards. For any excursion or other tour that you book other than through us, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
8. LAW AND JURISDICTION
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 under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see clause 9), the ABTA Mediation Procedure or by the courts of England and Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
9. IF YOU HAVE A COMPLAINT
In the unlikely event that you feel dissatisfaction with any aspect of your holiday arrangements we ask you to bring this to the attention of our Tour Manager or representative at the time so that the matter may be resolved right away. Until we know about a problem or complaint, we cannot begin to resolve it. If the matter cannot be put right on the spot you must ask our Tour Manager or representative for a Holiday Report Form, which you must then complete in his or her presence. One copy will be given to you and the other copy sent to head office. If you remain dissatisfied, you must write to us within 28 days of return from your holiday quoting your booking reference number. Any complaint concerning your holiday will be dealt with carefully and fairly by our staff. If you do not follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and may refuse to entertain your claim.
Once your complaint has been fully investigated in accordance with this procedure we will inform you of the outcome. If the complaint is upheld, then any compensation that may be awarded would be subject to our compensation terms and conditions.
We are a member of ABTA, membership number Y6412. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes arising out of, or in connection with this contract which is approved by the Chartered Trading Standards Institute. The scheme is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person (£21,500 for illness or personal injury) and £25,000 per booking form. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/ odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
10. OPTIONAL EXCURSIONS AND ACTIVITIES
Optional excursions and activities may be available for you to purchase either before you depart the UK or during your holiday. These are offered for sale by our holiday advisors in the UK, or our Tour Managers or representatives overseas. However, we have no involvement in any such excursions or activities which are not run, supervised or controlled in any way by us. Full responsibility for providing and operating the excursion or activity rests with the local operator / provider. We act solely as booking agent for the local operator / provider of all optional excursions and activities with whom you will have a contract. The local operator’s terms and conditions will apply. As set out at clause 7(8) above we cannot accept any liability on any basis in relation to any optional excursions or activities which do not form part of your holiday package booked with us and the acceptance of liability contained in clause 7(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.
A minimum number of people are needed for an optional excursion to operate. If that number is not achieved, we may have to cancel it. If this happens, you will be offered a full refund of the money that you have paid and we have no further liability. If we have to cancel and you paid for the excursion overseas your Tour Manager will refund you overseas. If you prebooked in the UK before the holiday, the refund will be processed by our head office in the UK, and will be sent to the lead passenger’s home address within 10 working days of your return date to the UK. If you want to cancel an optional excursion that you have booked we are unable to refund the cost of the excursion once it has been paid for.
If you suffer from a disability that restricts your mobility, we will do our best to ensure that you can participate in our excursions. Please let us know before you book about any special requirements. We reserve the right to limit your participation in our programme of excursions if we have reasonable doubts about your comfort and safety, or the safety and comfort of your fellow travellers and no refund will be offered under these circumstances. Our Tour Managers and representatives are instructed not to accept bookings for any excursions or activities other than those authorised by us. Any advice or assistance on excursions or activities they may offer as a result of a request by you for information or advice does not imply that the excursion or activity has been sold, recommended or endorsed in any way by the Tour Manager or representative or us or that they have acted on our behalf. We have no liability for any such information or advice.
Our Tour Managers are happy to suggest local places of interest to you. However, these are suggestions only and are not recommendations or endorsements and no liability is accepted for any issues that may arise. Services and activities may be offered by third parties including the hotel where you are staying. These service providers are not acting as our agents when they do so. We cannot accept any liability for any services or activities purchased from or through a third party. Some activities undertaken may have inherent risks and the operator / provider may not have any / adequate insurance. If these services or activities are not offered by us as part of the contracted holiday package booked with us in the UK, then we do not accept liability for any loss or damage arising from the use of these third party service providers.
11. HOLIDAY INSURANCE
We consider adequate travel insurance to be essential, especially for holidays outside the UK. It is therefore a condition of booking that you are adequately insured when travelling abroad. We recommend excellent comprehensive insurance policies through our partner Holiday Extras please go to www.justyou.co.uk/insurance We will require you to give us details of your travel insurance company including the policy number. If you purchase an alternative policy, you must ensure that it offers cover which is at least as comprehensive as the policy we recommend and, which as a minimum, covers cancellation for the total value of the holiday, delay or curtailment, medical charges and repatriation costs for not less than £5million. Your travel insurance should cover you for any pre-existing medical conditions. 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 adequate for your particular needs including cover for any optional excursions / activities that you may have booked. You shall be responsible for indemnifying us in full in respect of any costs that we incur as a result of your failure to have adequate, appropriate and comprehensive travel insurance. We will decline any booking where adequate insurance has not been arranged.
12. SPECIAL REQUESTS
If you have any special requests such as low floor accommodation, adjacent rooms etc., you must advise us of these at the time of booking but we cannot guarantee that we or the supplier will always be able to meet your needs. It may be possible to request a special dietary meal on certain long haul flights but regrettably no such arrangements can be guaranteed during the tour itself. Please note: Although we cannot guarantee that your requests will be met, we will certainly pass on your requests to the supplier concerned. It should also be noted that most airlines do not include meals on short haul flights but if you require a special dietary meal on a long haul flight due to an allergy, such as a nut allergy, we will need you to fill in a medical questionnaire to send to the service provider. The airline will not be able to guarantee that their aircraft / meals will be 100% nut free and will require you to carry any special medication (such as an EpiPen) in your hand luggage. 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) where it is important to you. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. Special requests are not part of your holiday package contract with us.
13. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Information regarding passport, visa and health requirements applicable to British Citizens for the holidays we offer are shown in our brochures. However, requirements may change and you must check the up-to-date position in good time before departure as it is your responsibility to ensure you are in possession of all necessary travel and health documents before departure. For the latest information go to www.gov.uk/foreign-traveladvice. You must ensure that you have a valid passport with an expiry date not less than 6 months after your date of return. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept liability if you are refused entry on to any transport or into any country due to failure on your part to carry correct documentation. If you are not a British Citizen or hold a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. For travel to the United States, you will need to enquire to see whether you qualify for their Visa Waiver Program at their Embassy. Applications for Visas must be arranged by you in good and sufficient time prior to your departure date as any absence of the correct travel documents may result in your airline or ship refusing embarkation and the destination country refusing access to you.
If failure to have any necessary travel or other documents results in costs, fines or other financial penalty being incurred by or imposed on us, you will be responsible for reimbursing us accordingly. If you incur any additional costs, you are responsible for meeting these. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure and as requirements can change we recommend that you recheck the situation closer to your departure date at www.gov.uk/travelaware. Details are also available from your GP surgery and from the National Travel Health Network and Centre www. travelhealthpro.org.uk.
For holidays in the European Economic Area, you should obtain an EHIC (European Health Insurance Card) prior to departure. Please note: The entry requirements for British Citizens may differ to those for British Subjects, British Dependant Territories Citizens, British Nationals (Overseas Citizens), British Protected Persons or any other British passports. Please check your passport carefully and if you are not specifically a British Citizen with a UK issued passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) you are travelling to or through.
14. SAFETY STANDARDS
Not all countries have health and safety standards as stringent as those in the UK. For example, accommodation may not have the separate fire escapes, alarms, detection, fire and smoke control measures that we take for granted at home.
Please note: The requirements and standards of the country apply to any services provided and not those of the UK. All our holidays comply with the safety standards of the country visited.
The minimum age on our Just You tours is 18 years. For cruising holidays the minimum age will be as governed by the cruise company and if there is a tour connected with the cruise 18 years of age. Unfortunately we cannot accept bookings for women who will be more than 28 weeks pregnant at the conclusion of the holiday due to airline and 24 weeks due to cruise ship conditions of carriage.
We reserve the right for ourselves, our employees, agents and suppliers as well as the cruise ship’s owners, operators and managers to inspect and search all cruise passengers and their hand or cabin luggage to ensure the safety and security of all other passengers and crew. For this reason, you must allow any inspection or search to take place when requested.
15. CUSTOMERS WITH DISABILITIES, MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
The Equality Act 2010
This law applies to services provided in the UK and not those provided overseas. However, we believe in trying to make our holidays as accessible to as many people as possible. If you tell us before you book of any special needs you may have as result of any disability or medical condition, whether physical or mental health, we will do all we can to accommodate you. This includes making any reasonable adjustments to the holiday itself and/ or to the booking process. As set out at clause 11 above, in addition to ensuring that you have adequate insurance, you may be asked to complete a medical form or produce a Doctors certificate / letter prior to travel. We will endeavour to respond within 5 working days of receipt of this documentation. If you wish to have this documentation returned please let us know as we only hold this information for your current holiday. This information will be treated confidentially and will only be used to check that you are likely to be sufficiently fit and able to undertake your chosen holiday, and that any special requirements are passed on to our suppliers. If your, or any member of your parties situation changes after you have booked (including where any medical condition or disability deteriorates or develops) you must let us know straight away.
Whilst we will endeavour to make any reasonable adjustments to the holiday itself, sometimes this may not be possible. Examples of where we may not be able to make a reasonable adjustment include:
• Providing wheelchair access ramps to overseas hotels in remote locations
• Our staff pushing a customer in a wheelchair throughout the duration of the holiday
• Provision of daily personnel care whether for a physical or mental health condition - Please note that personnel care cannot be provided by any member of our staff
It is your responsibility to tell us before you book whether you have any special requirements, limited mobility or medical conditions either physical or mental health that might affect your ability to take part on our holidays. A reasonable level of fitness is required for our holidays as some walking will be involved. If you are in doubt about the suitability of any of our holidays please just ask but, it is vital that you seek confirmation from your own Doctor to establish that you are sufficiently fit both physically and mentally, to travel and to undertake the excursions that may be required to undertake your tour. Where we can we will make any reasonable adjustments but where we cannot make such adjustments we may have to cancel your booking. It is our intention to make our holidays as accessible to as many people as we can, especially those with disabilities. We cannot do this if you don’t tell us of your needs so please mention any relevant information to us before you book. In particular to establish:
(i) Any special requirements for air, coach, ferry or cruise ship travel so these are passed on to our suppliers;
(ii) That we are aware whether your mobility may be limited or that you may need assistance on any part of the tour.
(iii) Whether you are taking medication and might require medical attention during your holiday;
(iv) Whether there might be any preexisting medical conditions either physical or mental health that should be disclosed to your insurer (or to the insurer recommended by ourselves) and which could result in your insurance being invalidated. We can recommend a special travel insurance policy for those with existing medical conditions and would recommend that this or a similar policy be purchased prior to travel.
It is your responsibility to check your health and fitness to travel with your own Doctor before travel and we would recommend that you seek this confirmation and send us this information. We will endeavour to assist with any special requirements that might be needed and can also advise against certain tours and excursions that might be challenging for a customer with particular medical issues. We have to rely upon your honesty about your medical condition and cannot advise you properly if we are unaware of this. Please contact our Special Services Team Specialservices@travjy.com and we can arrange to advise you of the pre travel medical clearance that you should clarify with your doctor.
We will assume, unless you inform us otherwise, that all members of your party are in a good state of health both physically and mentally, to participate in the holiday. If you do not tell us about any disability or medical condition which may affect your holiday arrangements and any resulting special needs, and we find ourselves in the position where you are at your UK departure point or on holiday and are unable to participate fully, then we reserve the right to:
1) Organise extra assistance or make any adjustments so you can continue with the holiday, and pass on the costs of doing this to you.
2) Arrange your return to the UK, or to your home address if you haven’t left the UK, and pass on the costs of doing this to you.
We very much hope that all our customers will be completely open, honest and upfront with us so the above situation does not occur. However, we do reserve the right to take action in the interests of your health and safety and the health and safety of our staff and other customers should we need to. We can only accept your booking upon the clear understanding that we cannot be liable if you do not inform us of such a condition and an airline or cruise line refuses to accept you or any member of your party as a passenger.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http:// ec.europa.eu/transport/modes/air/ safety/air-ban/index_en.htm. We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as reasonably possible. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible and will be a minor change.
We are not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your holiday. The flight timings and types of aircraft (if any) shown on our website / in our brochure and detailed on your Confirmation Invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your itinerary which will be despatched to you approximately two weeks before departure. You must accordingly check your documents very carefully immediately on receipt, to ensure you have the correct flight times. It is possible that flight times may be changed even after our documents have been despatched - we will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 6 (Changes and cancellation by us) will apply.
Please note: 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 a fixed amount of 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. Please note that extended delays to flight departures that are caused by events beyond the airlines control, such as Air Traffic Control delays, weather issues and technical problems with aircraft will not entitle you to any compensation payment under the Denied Boarding Regulations.
17. DELAY PROTECTION
If European airline flights or flights operating from a European airport are cancelled or delayed, airlines normally have an obligation to look after you. We will do our best to ensure that they meet these obligations. Dependent upon the length and nature of the delay these obligations include providing you with meals and hotel accommodation, assuming always that those services are available. If the airline will not provide you with these services most holiday insurances will cover you if you are required to pay for them yourself. It is essential when choosing a holiday insurance policy that it provides you with cover in this important area. Where the airline that you are travelling with will not provide meals or accommodation in the event of delays, we will do our best (subject to availability) to offer you these services at the lowest possible price. It will be your responsibility to pay for these services at the point that you receive them and to obtain receipts to enable you to make a subsequent claim against your insurers. Under no circumstances will we be liable to meet any costs should such an event arise.
Whilst we will endeavour to offer you prompt assistance should there be any interruption in or failure to provide your holiday arrangements by any unconnected third party or supplier please note the following: (i) Missed connections - where any connecting flight forms part of the holiday arrangements and the flight following on is missed due to the late arrival of the connecting flight, the liability for any necessary overnight accommodation, meals and refreshments will be the responsibility of the airline concerned. (ii) Primary liability for any compensation payments as a result of either cancelled or delayed flights (such as accommodation, meals or refreshments) are the responsibility of the airline under EC Regulation 261/2004. In the event of your return flight being very significantly delayed we will return you to your final contracted destination. This responsibility is limited to flying you with the same airline in the original class of travel. We won’t be responsible for meeting the cost of any other arrangements.
18. CROSSING THE CHANNEL
We will state at the time of booking the planned method of crossing the channel, by either ferry or Euro tunnel. Due to circumstances beyond our control (such as, but not limited to, bad weather or strike action) how you cross the channel may change, and no refund or compensation will be due if we do this.
19. CONDITIONS OF SUPPLIERS
Many of the services that 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 7(6). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
20. DAMAGE AND BEHAVIOUR
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 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 of our customers to have consideration for other individuals when travelling on our tours and to treat all our staff and fellow customers with respect. If in our reasonable opinion or in the reasonable opinion of any such person either in authority or from one of our suppliers (such as an airline) believe you to behave in such a way as to cause or be likely to cause danger, upset or distress to any of our staff, fellow customers or a third party, or your behaviour or actions impact the smooth running of the tour, we are without prior notice entitled to terminate the holiday of the individual (s) concerned. In this situation the individual (s) concerned will be required to leave the tour, accommodation or other service. We will have no further responsibility toward such individual (s) including any return travel arrangements or alternative accommodation, transfers etc. No refunds will be made and we will not pay any expenses incurred as a result of the termination.
21. CONSUMER PROTECTION
We provide full financial protection for our flight inclusive package holidays, by way of our Air Travel Organiser’s License number 11266.
(a) When you buy an ATOL protected flight inclusive holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the 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 these 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).
(b) When you buy a package holiday that doesn’t include a flight, protection is provided by way of an insurance policy as set out below. For these holidays they are not protected under the ATOL scheme but your money is protected in the same way by these arrangements in the unlikely event of our insolvency, except that, if already abroad, you will be returned to the point where your contracted arrangements with us commenced.
(c) 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.
Whether you have purchased a flight inclusive holiday or a package holiday that does not include a flight, you will receive a Confirmation Invoice from us (or via our authorised agent through whom you booked) confirming your arrangements in addition to the ATOL Certificate (where appropriate). When you buy an ATOL protected holiday the sum of £2.50 per person has been included in your holiday price to cover the cost of the ATOL Protection Charge (APC). Please be aware that this £2.50 charge is subject to change, depending on the level the Civil Aviation Authority set it at. This sum is passed to the CAA and ensures that your holiday monies are protected through their ATOL protection scheme. For full details please see www.caa.co.uk. Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme.
If your holiday does not include flights our financial failure insurance will protect your holiday. You will be given full details of the insurer with your confirmation invoice or please go to www.justyou.co.uk/financial-protection-insurance
*The air inclusive holidays we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. We reserve the right to refuse a booking if these conditions are not met.
22. DATA PROTECTION POLICY
At Just You we are committed to protecting your privacy. This data protection policy sets out how we will use your personal data after it has been collected by us through our website, brochures, speaking to our customer services staff or otherwise. This policy may be updated from time to time and we will contact you if there are any changes. Where ‘you’ are referred to in this policy, this shall mean you and every member of your party. You should ensure that all your party members have read this policy and agree that you may act on their behalf in dealing with us. Just You is a trading name of G Adventures (UK) Limited. Our registered office is at Compass House, Rockingham Road, Market Harborough, Leicestershire, LE16 7QD. Registered in England with company number 04956006. For your protection, we are registered under the Data Protection Act 1998 and have made appropriate notifications to the Information Commissioner’s Office. Personal data relating to individual customers is collected, processed, stored and used securely and in accordance with relevant data protection laws. Personal data shall only be kept for as long as is necessary or required by law.
What we collect and why - When you make an enquiry, join our mailing list or book a holiday with Just You we may need to collect information about you including (but not limited to) your name, contact details and company name and position (if applicable). We may also collect such data if you enter competitions, register for promotions, take part in surveys, provide us with feedback or make use of our ‘call you back’ facility. We may also collect payment details and/or relevant health information to process bookings.
Some of the information we collect may be ‘sensitive personal data’ (for example ‘special requirements’ data relating to disability, diet, health or religion) in which case we will only collect, retain and pass it on with your positive consent other than in the case of emergencies whilst on one of our holidays when it may be necessary to share this information with doctors, next of kin, our insurers, advisors or your medical insurers.
We require this information to understand your needs and provide you with the service you have requested. We use it to advise you of information concerning your holiday booking, enquiry or other transaction.
We may use the information to advise you of our new services, products, promotions, special offers and/or other information which we think will be of interest to you.
We may use your data for our business management and operation and for monitoring, marketing and customer care purposes in order to achieve our aim to provide you with the highest standard of quality and service and increase our customers’ choices wherever possible.
Who else do we give your details to? - Just You is part of G Adventures. We may share your personal information with other G Adventures companies in order to provide you with the latest news and offers on products or services which may be of interest to you. We may share your information with our credit checking companies, public authorities (e.g. customs/immigration), companies who process data on our behalf or to our professional advisers.
We may also share your information with carefully selected market research companies that may contact you (by email, telephone or otherwise) to help us understand your preferences and help us to improve our products and services and the customer experience.
We may pass on your personal details to those companies or organisations that need to know them in order that your holiday or other service or product can be provided. For example, the tour operator, the airline, hotel or credit card company, governments, immigration, port state control, police, flag state and other competent authorities and or as required by law. This may include the transfer of information outside the European Economic Area where data protection controls may not be as strong as in the UK. When you make a booking or enter into a transaction this means you consent to our passing on such details. On all of our direct marketing and email communications you will be given the opportunity to opt-out of receiving such communications in the future. If you do not wish us to use your data for direct marketing and email purposes or to pass your details to carefully selected third parties, please contact us at Data Administration, Compass House, Rockingham Road, Market Harborough, Leicestershire, LE16 7QD.
Security - We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. We use encryption when collecting or transferring sensitive or financial data.
Data Subject Access Request - You are entitled to ask us by letter what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. There is a maximum charge of £10 for this service and we will respond to legitimate requests within 40 days of receiving your written request and fee.
Questions - If you have any questions about Data Protection Policy, please contact us at Data Administration, Compass House, Rockingham Road, Market Harborough, Leicestershire, LE16 7QD.
23. FOREIGN OFFICE ADVICE
We do not wish to mar the prospective enjoyment of your holiday. However, sadly we have to be mindful of the global risk of indiscriminate terrorist attacks. You should be aware of up to date travel information and up to date travel advice for your chosen destination; please review the Foreign Office web site for detailed information www.gov.uk/foreign-travel-advice. You are recommended to review in good time before departure. This includes important advice regarding destination safety. We follow advice given by the Foreign Office.
Some of the cruises we offer (both river and ocean cruises) we sell on behalf of other cruise operators. We act as an agent only when selling these cruises, and we are not responsible for the operation of any part of these holidays. Your contract will be with the cruise operator concerned and their terms and conditions will apply. Your invoice will clearly indicate where we are acting as an agent on behalf of a cruise operator.
Where we are packaging together a cruise and other travel arrangements (such as flights), we are the operator of the holiday. We enter into a contract with you for that holiday and accept responsibility for it in accordance with these Booking Conditions.
River and Ocean Cruise ships enforce the highest standards of cleaning and sanitation in order to prevent the spread of viruses and illness. If you experience any gastrointestinal symptoms whilst on board, you may be confined to your cabin until your symptoms are clear. This action is to protect all passengers on board and contain the spread of any virus.
In most cases, prior to boarding, you will be asked to complete a medical form confirming you are not ill or have not been ill prior to boarding the ship. You must answer these questions truthfully. If you have experienced any gastrointestinal symptoms prior to boarding your ship, we reserve the right to ask passengers to produce medical evidence of fitness to travel this may include the submission of any required medical certificates. In the interests of passenger safety we reserve the right to refuse boarding at our discretion. In such circumstances passengers will not be entitled to claim compensation or a refund. In some ports, it may be necessary for the river vessel or cruise ship to anchor offshore rather than alongside. When this is the case, the cruise line will use a tender to take passengers ashore. A tender is a small vessel and may not be suitable for persons with Disabilities or reduced mobility or balance problems. It is important that passengers are able to use the tender safely. Passengers may be required to descend to a platform or pontoon and into the tender and passengers may need to navigate a gap between the platform and the tender. Depending on weather, tide and sea conditions, there may be some movement and passengers must be fit and mobile enough to access and disembark the tender. If passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely. Wheelchairs and mobility equipment will not be carried by the crew or Tour Manager into the tender and all passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the Captain of the river vessel or cruise ship or any of his officers if there is any doubt as to the safety of any passengers.
The provisions of The Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014 which apply the Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) apply to domestic Sea carriage in the UK or in respect of international sea carriage REGULATION (EC) No 392/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (EU 392/2009) for carriage of passengers by sea. The Athens Convention 1974 and EU Regulation 392/2009 also apply to the process of getting on and/or off the ship.
For any claim arising from the cruise and/or getting on or off the ship which involves death or personal injury or delay or loss of or damage to luggage, the only liability we have to you where we are the carrier or have entered into a contract with you in respect of the cruise is in accordance with, or is to be treated as being in accordance with (as if we were the carrier) under the Athens Convention or EU 392/2009.
Any cruise operator / carrier for whom we act as agent will also be covered by the Athens Convention or EU 392/2009. This means you are not entitled to make any claim against us or any other cruise operator / carrier which is not expressly permitted by the Athens Convention or EU 392/2009 or which is in excess of the limits provided by the Athens Convention or EU 392/2009. Any claims covered under the Athens Convention or EU 392/2009 must be made within the time limits set out in the Athens Convention and EU 392/2009. The Athens Convention and or EU 392/2009 limit the maximum amount we as the carrier or any other cruise operator / carrier have to pay if found liable in the event of death or personal injury. This limit for UK carriers is presently 46, 000 SDR’s per person (approximately £50,922.41) under the Athens Convention or 250,000 SDRs per person under EU 392/2009 (approximately £276,738.68). These amounts may vary according to the value of the SDR. An SDR is an international monetary unit. The exact value of an SDR fluctuates with the daily exchange rate. The daily exchange rate can be viewed at the international monetary Fund website http://www.imf.org/external/np/ fin/data/rms_sdrv.aspx and an SDR converter is available at http://coinmill. com/GBP_SDR.html#SDR=46 666. The values in the booking conditions are those of 5 November 2016 The Athens Convention and EU 392/2009 also limit the maximum amount we as the carrier or any other cruise operator / carrier have to pay if found liable in the event of or loss or damage to luggage and also makes provision for valuables. Under the Athens Convention and EU 392/2009 a presumption is made that your luggage is delivered to you undamaged unless (1) you give written notice to us within 15 days in cases where damage is not apparent at the point of disembarkation or (2) on re-delivery or the time when it should have been re-delivered or where damage is apparent before or at the time of disembarkation or re-delivery. The maximum we will have to pay for any damage, delay or loss for which we are responsible in accordance with the Athens Convention and EU 392/2009 is the maximum which is payable in respect of cabin luggage under The Athens Convention (currently approximately 833 SDRs per passenger (approximately £922.093 per guest per cruise holiday) and 3373 SDRs per passenger pursuant to EU 392/2009 (approximately £3,733.76). Once on board ship, all valuable and important items should be deposited with the purser or in the mini-safe in your cabin (if available). However, depositing items in any mini safe is not depositing them with us for safe keeping for the purposes of the Athens Convention or EU 392/2009. No mini safe can be guaranteed secure and you should accordingly consider whether it is appropriate to carry such valuable and important items with you. You are also strongly advised to take out appropriate and adequate insurance to protect such items. We cannot accept any responsibility or liability for any valuable or important items, which are not deposited with the purser for safekeeping. For items which are so deposited, the maximum we will pay you if any item which is lost or damaged (for any reason) whilst deposited is the maximum which is payable under the Athens Convention in this situation (currently approximately £1,000 per guest, per cruise).
In respect of river cruises neither the Athens Convention or EU 392/2009 apply. Where carriage is performed on Inland waterways the liability our liability and that of any other carrier to shall be determined in accordance with English law and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258 The Company’s liability pursuant to SI 1998/1258 a copy of which will be provided by on request or can be found at (http://www.legislation. gov.uk/uksi/1998/1258/article/4/made). The limits for non-sea going Passenger vessels is 175,000 SDRs per Passenger limit (approx. £164,405.70). Liability for property claims will be at least SDR 1,000,000 under SI 1998/1258 (4(b)(i)). These limits will also apply where the ship is being used as a floating hotel or for hospitality or as a venue and the vessel is in port.
The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels referred to as the “Strasbourg Convention” with protocols and amendments applies to vessels sailing on waterways located in the territory of a state party subject to (i) the “Revised Convention relating to the Navigation of the Rhine of 17 October 1868” and (ii) the “Convention of 27 October 1956 concerning the canalization of the Moselle” ( Article 15(1) of the Strasbourg Convention: http://www. ivr.nl/downloads/forms/B2.pdf). If the Strasbourg Convention applies the limits for Passenger claims are SDR 60,000 per Passenger subject to a minimum of SDR 6,000,000 (see Article 7). A copy of the Strasbourg Convention can be found at. http://www.ccr-zkr. org/files/conventions/clni_2012_ en.pdf. Our and the carrier’s liability for death, injury, illness, damage, delay or other loss to person or property of any kind shall be governed by the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258 or where applicable the Strasbourg Convention and. The Company’s liability therefore shall not exceed those limitations in any circumstances.
Health and Safety on Cruises
Our priority is the comfort and safety of our passengers who are asked to provide prior to booking as much information as possible regarding any special assistance that may be required in the port, during embarkation and on board the vessel. This information is required in order to ensure that the carrier is able to carry passengers safely and in accordance with applicable safety requirements established by international, EU or national law or in order to meet safety requirements established by competent authorities including flag state. The vessels have a limited number of cabins adapted for Persons with Reduced Mobility. Not all areas or equipment on the vessels are suitable for access to Disabled Persons or Persons with Reduced Mobility. Passengers must check with us at the time of booking to enable us to assess your needs with the performing carrier. We or the carrier can refuse carriage if it is not safe for the passenger to be carried. See Regulation (EU) No. 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways and the link to the Government’s guidelines https://www. gov.uk/government/uploads/system/ uploads/attachment_data/file/194787/ draft-guidance-note-0.pdf
Those passengers requiring the use of a wheelchair must furnish their own standard size wheelchair and must be accompanied by a travelling companion fit and able to assist them. Passengers must be able to board the vessel using the stepped gangway if applicable with the assistance of their travelling companion. The ship’s wheelchairs are available for emergency use only. Passengers must not use mobility scooters or motorised wheelchairs on board the vessels. If the Passenger wishes to take a mobility scooter or motorised wheelchair they must be gel or dry cell battery only with a width of no more than 78cm to enable access to the cabin. Motorised wheelchairs or mobility scooter must be stored in the Passengers cabin whilst the vessel is at sea. Each part should weigh no more than 23kg. Any Passenger taking a mobility scooter or motorised wheelchair aboard the vessel must reside in an adapted cabin. Use of a manual wheelchair is permitted on board the vessel for any Passengers residing in an adapted cabin.
Not all ports of call will be accessible by wheelchair and some ports may be by accessed by tender. The decision will be made by the Master of the vessel; it will be based on safety and will be binding. Passengers must check at the time of booking in order to avoid disappointment.
25. CONDITIONS OF CARRIAGE AND YOUR RESPONSIBILITIES
Please note the following conditions apply to All Cruises:
(i) We reserve the absolute right (on behalf of the ship’s owner) to exclusively determine how the ship is operated, for example with regard to navigation, piloting, alternative or supplementary uses and repairs and to make decisions with regard to ensuring and enhancing the safety, well-being and interests of all passengers and crew on board.
(ii) You will be required to pay for any damage you do to the ship and to fixtures and fittings.
(iii) You may not bring any birds, animals, dangerous goods, illegal substances or other similar articles on board the ship. Should you be found to have done so, then the Captain or his/her appointed servant or agent will be entitled to confiscate such articles and, where appropriate, hold you under citizen’s arrest until police officers arrive.
(iv) There are many signs, notices and announcements on board the ship that give information, instructions, prohibitions and so on. You must comply with all such communications for your safety and wellbeing and that of your fellow passengers and the crew.
(v) We reserve the right to claim from you any sums which we pay to any other passenger or other third parties where such payment was made as a result of your actions or inactions. (vi) You must observe the requirements of any relevant transport providers on the routing and timing of your journeys.
(vii) You must carry your passports and supporting documents with you at all times during your air / or rail journeys.
You are responsible for the carriage and care of your luggage throughout your holiday except for such times as it may be in the hands of the airline; herein such circumstances the airline specific terms and conditions relating to the carriage of luggage apply, or when porterage at a hotel or on arrival and departure is included. Please ensure that your luggage is loaded on to all transport and be careful to take the correct luggage with you when you leave and mode of transport.