TERMS AND CONDITIONS
Please read the following Term and Conditions carefully. The information provided here is important for your booking. The information is intended to clarify what you should and may need to consider when booking. Unfortunately, we are legally obliged to present this in such detail and in such a manner, even if it takes away the charm of preparation and booking of a trip, holiday arrangement, hospitality package or tickets.
We would like to make your journey or experience as pleasant as possible. Please do not hesitate to contact us if you have any difficulties of understanding or any questions. We are happy to help. Many thanks.
IMPORTANT GENERAL INFORMATION
Notes on the contractual Basis
These Terms and Conditions set out the terms on which you contract with us, and such a contract is made on the terms of these Terms and Conditions, which are governed by English Law and the jurisdiction of the English Courts. In the case of a contract for the purchase of a so-called 'tourist package', the rules set out in “The 2018 PTRs implement the 2015 European Package Travel Directive EU 2015/2302 (PTD 2015)” will also apply.
In these Terms and Conditions, “you” and “your” includes all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means CARUS Travel Ltd.
The service, which we offer to you is mostly defined as a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018, however we also offer arrangements or brokered services, which do not fall under this regulation. Please read carefully the definition of the Package Travel and Linked Travel Arrangements Regulations 2018 below, so you are aware at the time of booking in which case you will benefit from the protection of this specific regulation. In case our service falls within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 we will be responsible for the proper performance of all travel services included in the package except for those which are brokered services (e.g. excursions, tickets or hospitality packages for sport or music events, like e.g. Wimbledon The Championship, Goodwood Festival of Speed and Revival, Premier League football games, Glyndebourne Festival).
Definition of a Package (according to The Package Travel and Linked Travel Arrangements Regulations 2018):
A package holiday is generally the combination of two or more different types of travel services, which are combined for the purpose of the same trip. There are four types of travel service:
1. Carriage of passengers: This includes e. g. flights, trains and coaches.
2. Accommodation: It is important to note that accommodation that is intrinsically part of carriage of passengers is not in scope. For instance, a ticket on a sleeper train where the purpose is to get from A to B, and staying on board is a necessary part of that journey, would not constitute a package. Accommodation for residential purposes, including for long-term language courses, should not be considered as travel services.
3. Motor Vehicle Hire: This includes car and motorcycle hire.
4. Any other tourist service: These are services that are not intrinsically part of the carriage of passengers, accommodation or motor vehicle hire but make up a significant part of the package. Examples of other tourist services include admission to concerts, sports events, excursions or event parks, guided tours and rental of sports equipment such as skiing equipment, or spa treatments.
When only one of carriage of passengers, accommodation or motor vehicle hire services are combined with another tourist service’ this only leads to the creation of a package (or LTA) if the ‘other tourist service’ is either:
A. Advertised as an essential feature of the combination, or;
B. Accounts for a significant proportion of the value of the combination.
Please Note: Trips lasting less than 24 hours, which do not include accommodation do not form a package under the The Package Travel and Linked Travel Arrangements Regulations 2018.
COVID-19 (or variations thereof) AND THE NEW NORMAL
The World Health Organization has declared the coronavirus, known as Covid-19, as global pandemic. Since travels will not be the same as before the outbreak of the pandemic, we ask you to read carefully the following vital information and rules about what this means for you and your booking with us.
Governments and their Foreign Offices all over the world - maybe the Foreign Office of your country of residency as well - - have been advising against all but essential travel to a number of travel destinations. However, many of these destinations remain open or have re-opened and are welcoming tourists under certain conditions that vary from country to country. Whilst holiday destinations remain open and holiday services can be performed, we will continue to offer holidays to our customers who wish to travel.
If you book a holiday with us during the Covid-19 pandemic, you confirm that you have checked, understand and accept the travel advice of your Foreign Office relating to your chosen destination and the Foreign Office of your travel destination as well, including where there may be a requirement on you to quarantine upon your return to your home country (or upon arrival at your booked destination), and understand and accept that there is a heightened risk of travelling during the Covid-19 pandemic, beyond that associated with travel during ordinary times. We highly recommend purchasing a specialist travel insurance which includes certain cover for Covid-19. If you choose not to do so, you bear the risks.
Many countries have already ruled out a further recall action like the one at the beginning of the Corona pandemic for their citizens and announced that anyone who wants to go on holiday or visit an event in another country during the pandemic should be aware that if it should become urgently necessary to leave a so-called risk country due to ever-increasing COVID-19 numbers during the stay in this foreign country, the return journey must be organised and, above all, financed by yourself.
For up-to-date travel advice from the government of your travel destination and your government, please visit the corresponding websites:
UK: www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk,
Austria: https://www.bmeia.gv.at/reise-aufenthalt/reisewarnungen/ and
We highly recommend that you consult these websites before booking in order to make an informed decision about your chosen destination, and again before departure.
When you send us a booking request via our website or when you accept our booking offer and make the required deposit/total payment, you not only confirm the acceptance of our Terms and Conditions but also the “Acknowledgment of Risk” (see: [https://www.carus-travel.com/rechtliches/ackowledgement-of-risk-risikoanerkennung/] for bookings during a pandemic.
Cancellation by you – the following conditions apply in addition to our standard cancellation terms and charges:
Although governments and regulatory/district authorities around the world have taken several actions to prevent the spread of COVID-19, they couldn't control it. Your holiday destination and/or event location could already be a coronavirus hotspot at the time of booking or could become affected by an increased outbreak or become a hotspot at the time of arrival at the country/destination of your booking or could be affected by an increased outbreak. The travel advice of Foreign Offices is changing regularly and therefore it is quite possible that between the time of your booking and the time of your booked arrival at the booked destination, such Foreign Office Advice may be changed in respect of your booked destination and a quarantine period may apply..
Where you are choosing to travel to a destination subject to the advisory of your Foreign Office against non-essential travel, you accept that once your booking has been confirmed, if you decide not to travel due to your Foreign Office advisory, you will have to pay our standard cancellation charges as shown in clause 12 of these Terms and Conditions – you are not entitled to cancel and receive a full refund in these circumstances, as it is assumed and you confirm that you have made your booking with full knowledge of the advisory of your Foreign Office against non-essential travel and you cannot claim that you have assumed that at the time of your booked arrival at or in the immediate vicinity of your booked destination there are no longer any exceptional circumstances which would significantly affect the performance of your booked arrangement or the travel to the place of your booked destination.
Where your chosen destination is exempt from the advisory of your Foreign Office against non-essential travel at the time of booking but is subsequently removed from the exemption list of your Foreign Office and at that point becomes subject to the advisory of your Foreign Office against non-essential travel, you accept that you will not have the right to cancel your booking and receive a full refund. If you choose to no longer travel in these circumstances, you will have to pay our standard cancellation charges as shown in clause 12 of these Terms and Conditions, as you made your booking with full knowledge of the risks of travelling during the Covid-19 pandemic and you cannot claim that you have assumed that at the time of your booked arrival there won’t be any such travel advice against non-essential at your booked destination and/or that at or in the immediate vicinity of your booked destination there won’t be any exceptional circumstances which would significantly affect the performance of your booked arrangement or the travel to the place of your booked destination.
Therefore, as long as the booked arrangements will be operating and available to you, an official travel warning from national authorities does not mean that you could cancel your trip without paying any cancellation charges. If you do wish to cancel in these circumstances, the cancellation terms set out in clause 12 shall apply. This also applies if you or your travel companions have to quarantine after arriving in the country of your holiday destination due to existing entry restrictions (e. g. unvaccinated travellers and travellers who are not considered fully vaccinated) and you therefore decide to cancel your booking.
Cancellation by us
If major parts of your PTR-booking (see Glossary) arrangements won’t be operating (e.g. all hotels at your booked destination have to be closed due to a strict lockdown) and strongly impact the performance of your trip, we have to cancel it. As you have made the booking in full knowledge that such cancellations could happen to your arrangement we will refund to you your payment(s) less
- any amount(s) which we won’t get refunded from the service provider(s) for your booking and
- a service charge of 15% of the travel price, at least GBP 195 per person or GBP 350 for single travelers (see clause 8.2.).
If we have to cancel a non PTR-booking you won’t be entitled to any refund.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
- If you, or anyone in your booking party, develop Covid-19 symptoms or test positive for Covid-19, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
- If this happens within 14 days prior to the booked arrival date or service date for non PTR-bookings, you must contact us immediately as you may no longer be able to travel. If this happens earlier than 14 days and you have the feeling you won’t be able to travel you are free to contact us at any time. We will offer you the following options where possible and subject to availability:
- Postponing your travel arrangement to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your travel arrangement, such as sports or opera tickets, as well as any increase in cost imposed by suppliers);
- If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to compliance with the requirements within our booking conditions;
- Cancelling your booking, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance – please check your policy wording.
- If this happens whilst you are on your holiday, you acknowledge that
- local laws and/or regulations, we or the supplier(s) may require you to follow certain procedures ( e. g. self-isolation for a period of time) designed to manage the COVID-19 risk and you agree to comply with these requirements.
- we or the supplier(s) may refuse to provide you with the relevant service(s).
Please notify us immediately and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for
- additional accommodation or other associated costs you incur in connection with the same or
- meeting any costs incurred by you or
- for refunding or compensating you for the curtailment of your holiday, unused services, cancelled or rebooked transportation.
Your travel insurance may cover some of these costs for you – please check the policy wording.
- You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied boarding, entry to the destination, access to or request to leave the travel services or you are otherwise unable to proceed with your holiday, or any part of the holiday, or you are required to self-isolate within the destination. Your travel insurance may cover some of these costs for you – please check the policy wording.
Please be aware that
- going on a booked trip and/or visiting booked events and staying at booked venues during a pandemic is entirely at your own risk and peril.
- neither we nor the suppliers which provide the requested/booked services accept any liability for any viral infections, any contagious diseases and any damage arising from them.
Your holiday/booking experience
In order to manage the pandemic Governments and regulatory/district authorities all over the world have set out rules and new laws, which should help to manage the risk caused by COVID-19. Based on these rules and new laws suppliers of the services you have booked through us as well as ports, airports, border control or other third parties may set up safety and prevention measures which you have to follow and comply with as well. While traveling in these extraordinary circumstances you acknowledge that the suppliers providing your travel arrangement will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. Furthermore you acknowledge that you will comply with all guidance, regulations and laws which apply to the countries which you travel from, through and/or to and which are put in place either before traveling or while on the trip as such measures as set out above are a necessary part of keeping the public, you, other travellers and employees of the suppliers which provide the booked services safe.
Such rules, laws, safety and prevention measures may include (without claim to completeness):
- requirement to undergo temperature checks,
- health formalities, e. g. provide health information or certificates,
- that you and staff members have to wear personal protective equipment, e. g. face-masks and/or gloves,
- that you have to follow social distancing requirements,
- restrictions on the number of persons who may use certain facilities or services at specific times,
- restrictions on the availability of certain facilities/services (e.g. buffets in hotel restaurants may be replaced by a-la-carte, spas and pools may be closed, limited entertainment options),
- requirements to pre-book certain facilities and services,
- mandatory hand sanitisation and other hygiene requirements,
- designated alternative entrance and exit routes
- quarantine or self-isolation measures after arrival at your travel destination or after return to your country of residency.
All measures and precautions will be taken with the purpose of securing your safety and those around you only and should have as little impact as possible on your enjoyment of your travel arrangement.
The European Union provides up-to-date information on the travel regulations of the individual Member States, for example on the website https://reopen.europa.eu/de. Other useful information can be found on the websites of the relevant Governments and/or Foreign Office, tourist offices and tourist authorities. Please be aware that it is your responsibility to familiarise yourself with all details of such requirements ahead of your travel arrival date for PTR-bookings or service date for non PTR-bookings.
By accepting these Terms & Conditions you confirm that you are making your booking in full knowledge that such measures are likely to be a part of your booked arrangement(s) and such measures do not amount to insignificant or significant changes to your booking, nor do they amount to any Failure by us under these Terms & Conditions.
We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters.
In order for you to mitigate your risks whilst travelling during a pandemic we strongly recommend purchasing a specialist travel insurance policy available which includes specific cover for Covid-19 related issues and incidents which may affect your travel arrangements [and travelling to a destination subject to a Foreign Office advisory against travel]. It is your responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for your particular needs. Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
Events Beyond Our Control
In these Terms and Conditions “Events Beyond Our Control” means a situation which is beyond our or the supplier’s 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, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, an advisory of your Foreign Office against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in these Terms and Conditions we have no liability including for compensation, costs and expenses in such situations (see also clause 16.).
Booking your Service
Our aim is to provide the best service to suit your particular tastes, interests and budget. You can call us on +44 (0)1202 28 75 76 and +49 3222 1863360 or email: email@example.com. We will listen, discuss, offer advice and arrange virtually any type of travel itinerary, however complex it might be and quote you a price for your requested holiday or arrangement(s) (other than a package holiday) before you book unless you send us a binding booking enquiry through our website for a holiday package or other arrangement offered on our website. In this case you make a binding offer to us to conclude a contract for the requested services.
We will advise and inform you on the basis of information provided by you and the proposal we will send you takes into account the usual local conditions of the respective country/destination and also the special features associated with the travel package (e.g. visit of cultural or sports events, bus tours) to the best of our knowledge.
In principle, it should be noted that you may deliberately choose a different country/destination than your country of residency as your holiday destination and that standards, equipment, food (especially spices) and hygiene are in line with local customs.
We will communicate with you using the email address you have provided when sending us a (binding) booking enquiry through our website or have provided e.g. by phone or mail. In providing us with your email address and accepting e-mail communication in regards to your booking request/booking we assume you understand the risks associated with using this form of communication and that your email address is correct. We will use this email address to provide you e.g. with our booking proposal, invoice, booking confirmation, travel documents, e-tickets. Please note that
- email communication with you enables you to keep or store the information and documents provided to you in such a way that it is accessible to you for a period of time appropriate for its purpose and which is suitable for reproducing the declaration unchanged (in addition to email communication forms would also includes USB sticks, CD-ROMs, DVDs, paper, memory cards and computer hard drives).
- you may still have to contact us via phone or in writing as required in our Terms and Conditions.
In case you would like to receive booking proposals, invoices, booking confirmations and/or travel documents in paper form through mail we will send them in this form as well. Please be aware that in these circumstances we have to charge you with postal costs and additional handling charges, which are GBP 25 per posting.
A. OTHER GENERAL INFORMATION
Most of the accommodations we include in our booking proposal have a country specific official rating. However we would like to make you aware that a rating category in the country of your holiday destination may not fall into the same rating standard as in your country of residency/of origin. Usually we mention that the rating is a country specific rating.
1.2. Room for single travellers
Generally our accommodation suppliers don’t have any single rooms and if they have they may be quite small and the location not always comparable to that of a double room. Therefore we usually include a double room for single occupancy in our booking proposal – unless specifically asked otherwise -. As our suppliers usually do not reduce rates if a room is occupied by a single person the price in our booking proposal for a single traveller is higher than for 2 persons sharing one room.
1.3. Room early arrival/late check-out
Rooms are available in most circumstances between approximately 2 pm and 3pm, and are to be vacated between 10 am and 11 am. We will inform you about the specific times in our travel documents. Some of our suppliers offer an early check in/late check out service for an extra charge whereas others may request an extra night price. If you like to check in earlier and/or check out later please inform us of this wish and we will amend our booking proposal – if possible - accordingly.
1.4. Building & Development Work
Unfortunately refurbishments/developments are sometimes carried out by our suppliers with little or no advance warning and can be also quite intensively. You can be assured that it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. However we have no control over such work. If we are informed or become aware of such refurbishments/ developments which can reasonably be expected to have an effect on your holiday, we will endeavour to notify you of it as soon as possible, however near to your departure this may be.
Please note that some of our accommodation suppliers don’t have a lift. If you rely on one as stairs may be a problem for you, please ask us for more details before you book.
1.6. Tourist tax
Tourist-related taxes and charges may apply in some towns or villages and/or hotels and must be paid by the customer directly on site.
If your booking includes accommodation this will also include with breakfast, which usually is a country specific breakfast and might therefore differ from what you will be served in your country of residency/origin. Please ask at the time of booking if this is important to you.
2.2 Pre-booked meals
Hotel suppliers generally offer a dining facility. If your booking includes pre-booked meals (as set-menu, if not otherwise stated) these will be usually served in the main restaurant. You may be able to ask for a credit for an included course of the set-menu to be used against a meal from an à la carte menu.
3. SPECIAL REQUESTS
If you have specific requests such as interconnecting, adjoining, non-smoking rooms, room location, twin or double bedded room, diet requirements or a particular facility, please notify us at the time you ask us to send you a proposal or as soon as you become aware of them. However we need to be informed of such a request not later than 56 days prior to your departure. If your booking with us is within 56 days of your departure we kindly ask you to inform us about your special requirements at the time of your booking request.
We will forward your request on to e.g. an accommodation supplier, hospitality package or other service provider but cannot guarantee in any case that it will be accommodated and will therefore not be liable if any special request is not met.
We recommend that you check directly with the supplier(s) such as e. g. hotel(s) or hospitality package provider(s) if any of your dietary requests we have passed on can be met once you have received your travel documentation. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
4. CHILDREN TRAVELLING WITHOUT PARENTS
If children under the age of 18 are travelling without their parents, they may need to have written authority from their parents. This written authority has to be translated into the language of the country they are travelling to/from and notarised if necessary. We strongly advise you to check the specific requirements of the relevant country to which your children are travelling as you/they may be refused entry.
In countries there are different restrictions from what age children can occupy a room alone without an adult. If children are travelling with you please advise us about their age when sending us an enquiry in order to give specific advice.
5. HEALTH REQUIREMENTS
In general our offers might be suitable if you or one of your travel companions have any disability/reduced mobility/special requirements as a result of a medical condition (including being confined to a wheelchair), which may affect your booking although, as a matter of principle, all tours organised by us require a minimum level of mental and physical fitness. This includes for example the ability to move around independently, to climb stairs (especially when travelling by bus to board the vehicle), adequate sight and hearing and the general fitness to comply with the requirements and instructions of the suppliers which provide the booked services involved.
If general mental and physical requirements cannot be fulfilled completely and also only partially by you or one of your travel companions, it is your responsibility to ask us about the specific requirements of the journey and to verify if it is suitable for you and your travel companions. Maybe you have to consult the family doctor or other doctors before booking. This means If you or one of your travel companions have any circumstances which appear to be suitable to likely impair the performance of the journey please inform us about your requirements and we are happy to verify if we can offer you a booking that suits your needs. We reserve the right
- to request a medical certificate
- not to send you a proposal or book the requested services if in our opinion the requested services won’t be suitable for you or one of your travel companions or
- to terminate/cancel the travel contract with cancellation costs with you should you not fulfil the necessary duties to cooperate
Please note that we require full details in writing from you before we send you our booking proposal or if you like to book an arrangement via our website before you make a booking request.
You also have to inform us about any significant change in the condition or disability and advise us immediately if any medical condition or disability, which may affect your booking, develops after your booking has been confirmed. If you do not fulfil your duty to inform us in full or in good time and we have to declare withdrawal from the contract with you, we are entitled to claim compensation in accordance with the compensation lump sums.
For your own safety and in case you are part of a group for the comfort of the group as a whole, you must be fit enough to participate and have an able bodied carer to assist you throughout the trip.
If it only becomes apparent after the start of the trip that you do not have the required mental or physical condition and you have not informed us in advance, we reserve the right for safety reasons to exclude you from further use of parts of the tour or the entire tour. Any parts of the tour that are not used cannot be refunded. A transport back to the starting point of the trip or to another place agreed with you, shall be at your expense.
Please note although we do our very best to make our dream trips accessible to people with mobility issues or even disabilities, we are neither a specialist disabled holiday company nor a company, which specifically makes arrangements for disabled.
6. CULTURAL AND SPORT EVENTS
The cast/participant details listed on our websites were taken from the official performance/event schedules of the opera houses, concert halls and festival/event programmes. The information is given to the best of our knowledge. Please note that
- we only provide external services for tickets or hospitality packages to such events and
- we are not liable for the implementation of the events and
- we have no influence on possible changes in e. g. cast/participants, venue, the date by the event organiser who generally reserve such rights and therefore this information won’t be part of the contract and do not entitle to cancellation or price reductions and
- we cannot guarantee connected tickets or specific seats in stalls, 1st or 2nd tier as different seat categories are spread all over the venue in some theatres/operas, but only the best available seats in the respective category, however we will, of course, endeavour to fulfil your booking wishes.
Especially for some cultural events such as Glyndebourne Festival, Longborough Festival, Last Night of the Proms but also for events such as Wimbledon and Royal Ascot the paid ticket price by us can be much higher than the printed ticket price due to arising e. g. membership fees, advance booking fess or local agency fees in order to secure tickets/hospitality package.
While booking with us you confirm that you accept that above mentioned changes could happen and that such changes are outside our control. You therefore bear the risk of such changes exclusively yourself and no refund will be provided in case you intend to cancel the booking with us unless we receive any refund from the event organiser. Please note only the face value of the ticket will be refunded in this circumstance. No refunds will be granted in case of no-show or delayed presentation at the event.
We will take great care to fulfil your booking request but cannot guarantee contiguous tickets or certain places.
7. PASSPORT, CUSTOMS/IMMIGRATION AND HEALTH REQUIREMENTS
7.1. It is your responsibility to check and fulfil passport, visa, health (including vaccinations), entry regulations/immigration requirements applicable to your itinerary. We can only provide general information about such requirements. Most countries now require passports to be valid for at least six months after your return date. You must check the requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Governments and their foreign ministries around the world have introduced new entry regulations and local security measures as a result of Covid-19. Regulations vary from country to country and can change without notice, even at very short notice. We therefore strongly advice you to always check the latest travel advice from your government and the advice from the relevant authorities at your destination before you travel. Depending on the country you are entering from or where you have stayed in the last 10 days, there are different entry regulations, Test and if necessary quarantine regulations.
7.2. If you are a national of an EU country and your trip includes a trip to another EU country you are advised to obtain a European Health Insurance Card (‘EHIC’) prior to departure.
7.3. If you and/or your fellow travellers do not meet the necessary entry requirements (passport, custom/immigration requirements or health formalities) and consequently are not allowed to enter the country, or incur any other loss we, CARUS Travel Ltd. does not accept any responsibility for this and you will not be entitled to any refund in respect of any unused services and you will be deemed to have cancelled your booking with us and have to pay the cancellation charges (see no. 12. and additional cancellation rules under “COVID-19 (or variations thereof) AND THE NEW NORMAL” - see page 1 of these Terms & Conditions). You agree to reimburse us on demand in relation to any fines or other losses, which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
7.4. No visas are (currently) required for EU Nationals to visit the UK or other EU Member States or for UK Nationals to visit EU Member States.
7.5. You are obliged to observe not only the customs regulations of the country/countries visited but also those of your home country and to inform yourself about the applicable regulations.
7.6. After September 2021 a valid passport is required for EU-citizens to enter the United Kingdom.
8. WEATHER CONDITIONS
As the world climate is changing it becomes more unpredictable and unusual and/or bad weather conditions may occur. Please note that we can’t be held responsible for disruption of your booking due to such weather conditions and therefore bad weather conditions don’t have any effect on the contract between you and us
B. CONTRACT BETWEEN YOU AND US
These Terms and Conditions, together with the relevant information set out in/on our
- Bye-laws and any applicable conditions,
- any other written information we brought to your attention before we confirmed your booking, any correspondence between you and us and any other terms we may agree with you from time to time
- additional Travel Information,
- international conventions in respect of hotel arrangements and international conventions or conditions of carriage of applicable Carriers and national and local railway bodies (where applicable referred to herein as ‘the Carrier’) for which see no. 22.214.171.124.,
- The Package Travel and Linked Travel Arrangements Regulations 2018, but only for so-called 'tourist package' bookings (exceptions and details see rules under IMPORTANT GENERAL INFORMATION part Definition of a Package (according to The Package Travel and Linked Travel Arrangements Regulations 2018)
form the basis of your contract with us.
As independent suppliers provide all services that make up your booking we only act as their agent for your booking request and therefore the suppliers' terms and conditions for the requested/booked service(s) are also part of our contract with you. However this doesn’t affect our responsibilities in case your booking falls within the scope of the Package Travel and Linked Travel Arrangements Regulations 2018. The supplier’s terms and conditions can usually be found on their websites. On request we will provide you with them. As our suppliers provide their services in accordance with their own terms and conditions their terms and conditions in general shall take precedence over any documentation or communication from us. By proceeding with a booking you acknowledge that you have understood that not only our Terms & Conditions but also those of the suppliers of the requested services apply.
IN CASES WHERE WE ACT SOLELY AS AN AGENT
If we are acting solely as an agent for another tour operator or tour organising company and we therefore don’t have any responsibilities within the scope of the Package Travel and Linked Travel Arrangements Regulations 2018 we will inform you about this in our holiday description or booking proposal and invoice. Please note that if we arrange travel, transport, ticket or hospitality services on behalf of other tour operators and/or service providers (such as tour operators, railway or cruise companies, car rental companies, ship owners, event organisers), they are responsible for the provision of these booked services. The contract for the actual provision of the service is concluded between you and the tour operator and/or service provider, thus your rights and obligations under The Package Travel and Linked Travel Arrangements Regulations 2018 lies with them and not us. The relevant terms of our own Terms & Conditions - relating to our responsibility as an agent - will also apply.
B2B FOR RESALE
Generally we provide services only to end-customers. If we are contacted by a Tour Agency and/or Tour Operator/Organiser company we are happy to help you to organise a trip for your clients as well. However, please note that in these circumstances our contract for the sale of tour services is with You and we are only acting as a Destination Management Company - providing a ground service based on local knowledge of the given destinations - for you which means that the rules set out in “The 2018 PTRs implement the 2015 European Package Travel Directive EU 2015/2302 (PTD 2015)” will not apply. Therefore the resale of tour services is your responsibility and we cannot be held legally liable for resales to your clients under the aforementioned regulations and we will not be accountable or responsible for any dispute between you and your clients resulting from the resale of tour services by you to your clients. If any claim is made against us following a resale by you, you must indemnify us for all losses, fees, costs and expenses incurred as a result of such claim.
Such businesses are not authorised by us to make deviating agreements or to give any assurances that alter the agreed content of the services booked with us. Travel catalogues and internet advertisements not published by us are not binding for us and our obligation to perform, unless they have been made the subject of the booked offer from us or the content of the service by express agreement between us and the B2B for resale client.
1. GENERAL INFORMATION ABOUT THE CONTRACT
1.1. Party of the Contract
Only private individuals or companies, which are a party to the Contract, have any right under the Contracts (Rights of Third Parties) Act 1999 and therefore could enforce any term of the Contract or these Terms and Conditions.
1.1. 1.Validity or Enforceability
The validity or enforceability of the remainder of these Terms and Conditions and the Contract shall continue in full force if any provision of these Terms and Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason.
1.1.2. Breach of Contract
If you breach the Contract or these Terms and Conditions no waiver by us of any breach of the Contract or these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
We are entitled to assign or subcontract any of its rights, benefits and interests in or under the Contract to third parties. Whereas you are not allowed under the Contract to assign, transfer, purport to assign or transfer to any other person any of its rights or subcontract any of its obligations while the contract is personal to you.
1.2. LEAD BOOKING NAME
We will deal in general only with the lead booking name in all correspondence, e. g. booking proposal, booking confirmation, changes, amendments and cancellations, whether you book alone or as a group. By accepting our booking proposal or sending us a binding booking request via our website, the Lead Booking Name:
(a) confirms that he/she has been given the authority to bind all persons named on his/her booking to the contract;
(b) confirms that he/she has read (legally binding is the English version of our Terms & Conditions; translations are offered for convenience and serve for easier understanding for our (potential) clients) and understood these Terms and Conditions and agrees (for himself/herself and on behalf of each person named on his/her booking) to be bound by them;
- may include names and contact details, payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions.
- have to be passed on to the relevant suppliers and other third parties. We take appropriate measures, which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
- may be provided to public authorities if required by law.
(d) confirms he/she is 18 years of age or over
(e) confirms that he/she and all members of the party are of the appropriate age where placing an order for services with age restrictions.
(f) confirms that he/she and all members of the party have informed us of any medical condition, disability or reduced mobility that may affect the booking and/or have special needs as a result and/or do not belong to an at-risk group of a disease (e. g. COVID-19).
(g) confirms that all members for whom the Lead Booking Name makes the booking know and understand that each member of the group is responsible for all the contractual obligations of the other group members as well as their own.
If you do not agree, we cannot accept your booking.
All correspondence and other communications will be sent to the email address of the lead name on the Booking (unless you specify otherwise).
Notices shall deemed to be served
- when sending an email and not having received a “Mail Delivery Failure” message
- 7 days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective party at the address made known by each party prior to entering into the Contract. If a party changes its address for notification purposes, then it shall give the other party written notice of the new address and the date on which it shall become effective.
- on delivery when delivered by hand,
1.4. MINIMUM NUMBERS OF PARTICIPANTS
Some of our offers require a minimum number of participants to enable us to operate them. The minimum number is given on our webpages and/or travel offer and and booking confirmation. If the minimum booking numbers, required for a particular trip, have not been received, we are entitled to cancel it up to 30 days before the start of the journey. In this case we will send our cancellation to you immediately but no later than 30 days before the start of the trip and refund you the already paid money. However, we will always endeavour to carry out a journey, even if the minimum number is not reached.
Please note that for cancelled trips due to insufficient number of participants, we are not able to accept responsibility for any costs you may have incurred, including costs of other travel arrangements made in association with the cancelled trip.
Due to our above mentioned cancellation right we strongly advise you that
- you arrange your transport for your holiday destination only after you have received our confirmation that
- the minimum number of participants has been reached or
- there will be no price increase due to the fact that the minimum number of participants haven’t been reached or
- you and all other participants have agreed to the necessary price increase due to a failure in the minimum number of participants.
- if our offered booking includes only arrangements which don’t fall under The Package Travel and Linked Travel Arrangements Regulations 2018 or if you arrange transport before receiving our confirmation you book transport arrangements with a flexible rate in order to be able to cancel the transport without any costs.
If we carry out the trip with a smaller number of participants than the minimum number originally stated in the travel offer and/or booking confirmation, you cannot derive any claim to cancellation of your trip and/or compensation from this
1.5. OUR CONTACT DETAIL FOR PTR (see Glossary below) BOOKINGS WHILE ON HOLIDAY
Please ensure you take all your booking documentation, which we have provided you with on your trip as it contains our contact details should you need assistance.
The following words shall have the following meanings in these Terms and Conditions:
- Contract: A Legally binding contract
- Customer: Purchaser of the Holiday Package and/or, other Holiday Arrangements such as Hospitality Packages;
- Deposit: Deposit payable as detailed in our booking proposal or as otherwise notified by us in writing (e. g. Payment request, Invoice);
- Event: Event to which a Hospitality Package relates;
- Factsheet: Information concerning e. g. Hospitality Packages;
- “In writing”: means in written or electronic form
- Package (within the meaning of THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018; see description under definition)
- Price: The Price of the Holiday Package and/or Other Arrangements such as Hospitality Package detailed on our booking proposal, booking confirmation, invoice or as otherwise notified by us in writing;
- Proposal: Detailing our Offer
- PTR Bookings: Bookings with fall under THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018 or accordingly Non-PTR Bookings: Bookings with don’t fall under THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
- Seller: CARUS Travel Ltd. which is registered in England under company number 07704220;
- Status: Confirmed means our supplier(s) has/have accepted your reservation from us, subject to the usual reservation conditions.
- Terms and Conditions: Standard terms and conditions of sale as set out in this document;
- Tickets: Means Tickets, Vouchers, Passes or Badges relating to e.g. accommodation, transfers, car rental, SPA treatments, Hospitality Package, Green Fees, Angling Permits, flight, train, ferry arrangements
- Venue: Location where the event is to be staged.
Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
We strongly recommend that you and anyone travelling with you secure adequate travel insurance cover whenever you travel to ensure you have cover against possible cancellation charges, medical treatment and repatriation. The cost of repatriation or medical and other treatments overseas could be very high and we are unable to assist in covering those costs. The insurance should be adequate for you and the needs of all persons travelling with you (at least e. g. “travel health, travel cancellation before and during the trip, travel luggage, travel accident, liability”). We also recommend that your insurance should also include cover against any COVID-19 issues or incidents, which may affect your booking. Please note that many travel insurance policies contain clauses that exclude from cover diseases classified as a pandemic by the WHO (on 11 March, Covid-19 was classified as a pandemic). Therefore, in the event of coronavirus disease after 11 March 2020, insurance policies containing such a clause no longer provide an insured reason for cancellation.
Please be aware that most travel insurances only cover future risks if they are booked within a few days of your holiday booking. If you already have an insurance policy in place, which covers multi-travel holidays (abroad), please check its validity and its content. We can’t accept responsibility for any loss that you or anyone travelling on your booking suffers if the individual isn’t adequately insured. As with all insurance policies, terms and conditions apply, so you need to make sure you’ve got the right policy for you. Any liability we may have to you (whether under our Booking Conditions or otherwise) shall not be increased as a result of your choice to travel without adequate insurance cover (see also clause 15.3.4.).
4. TRAVEL ADVICE, TRAVEL DOCUMENTS AND TICKETS
4.1. TRAVEL ADVICE
a) We recommend checking the advice issued by your own country’s ministry/office before making any booking which includes a travel abroad and also before departure as it may have changed after you have made a booking.
Your country’s foreign ministry/office may have issued a travel warning, when based on all relevant information it determines that their countrymen should avoid travel to or within a certain nation.
We are not responsible if you travel without checking this information from your country’s foreign ministry/office and your country’s foreign ministry/office has issued a warning to travel to the destination you have booked an arrangement with us.
Please note: An official travel warning of national authorities is an important indicator that in case you have booked a package travel contract with us such a contract might be cancelled due to unavoidable and extraordinary circumstances impacting the performance of the trip (see clause 10.3.2.5).
It is further your responsibility to ensure that you have fully complied with all health and immunization requirements of the country (countries) you may be visiting.
b) We would like to remind you that you have the same responsibility for your personal safety and that of your possessions as you have at home. You should also keep in mind that health and safety standards in the country you are visiting may not have the same standard as in your country of residency/origin. Nevertheless e.g. our accommodation suppliers comply with local regulations applicable in their country but we strongly advice you to undertake reasonable precautions to protect you whilst travelling.
c) Health facilities, hygiene and disease risk vary worldwide. You should take health advice about your specific needs as early as possible and ensure that vaccination to be fully effective by the date of travel in case any is recommended/required for your destination. It is your responsibility to ensure you are aware of all recommended and required vaccinations and health precautions in good time before departure. Details should be available on your Foreign Office’s website from your country of residency/origin.
4.2. TRAVEL DOCUMENTS
4.2.1. Time of issue and validity
Your travel documentation will be issued after we have received full payment for your booking and after we have received them altogether from our suppliers but in general not later than 10 – 14 days prior to the booked services. Please note that the travel documents are valid only for the passenger(s) named and that you need to take all your booking documents with you on your trip.
4.2.2. Travel documents delivery
Unless you notify us otherwise, your travel documents will be sent to the email address you have given us. If you request a postal delivery we will post them to you at the address you have provided us. However we reserve the rights in case of valuable tickets (such as opera tickets, football tickets, tickets including hospitality packages) to deposit them at your hotel or deliver them personally to your accommodation while you are staying there.
Please note that if you wish to have your travel documents sent by post, we will have to charge you postage and an additional handling fee of GBP 25 per item as detailed under "Important General Information - Contacting You".
4.3. RISK CONCERNING LOSS OR DAMAGE OF TICKETS
4.3.1. Risk of damage to or loss of tickets, etc. shall pass to you in case of tickets, etc.:
(a) to be delivered to your premises by us, when we leave our premises to make such delivery; or
(b) at the time of posting, if tickets, etc. are to be posted by us to you; or
(c) at the time of us handing tickets, etc. to a third party, if the tickets are to be delivered by a third party carrier; or
(d) are deposited at the hotel you are staying in.
4.3.2. Lost or damaged tickets/documents
Once the risk of damage to or loss of the tickets has passed to you in accordance with these Terms and Conditions we shall not be liable to replace any lost or damaged Tickets.
Carriage is subject to the terms and conditions of the carrier with whom you travel and to international conventions, which may limit liability. Transport timings and transport routings are provided by train and other carriers booked. Actual times (e. g. train) are on your tickets. They are local times based on the 24–hour system. We can’t guarantee the times on your booking confirmation won’t change and therefore strongly advice that you check the departure times in due course. Accordingly the times of trains and other forms of transport are estimates and for guidance only and are subject to alteration and confirmation.
5.2. TRAVEL DELAYS FOR ARRANGED FLIGHTS/TRAINS BY YOU
As we generally don’t offer such services in our arrangements please bear in mind that delays (also for train services which we generally only book on special request of you) do regrettably happen and we regret that we are unable to offer you any assistance should a delay disrupt your itinerary. Any airline or other transport provider concerned may however provide refreshments and/or appropriate accommodation. Where flight or train delays result in late arrival at your destination, we are unable to give a refund on unused accommodation as rooms are held for delayed arrivals or missed events such as opera performances, concerts, football matches, Wimbledon.
5.3. SEAT ALLOCATION
The Carrier shall have the right to allocate seats as it thinks, and subject to these Terms and Conditions, to vary any bookings made in respect thereof. They therefore could transfer you from any booked seat to any alternative one. However such an amendment needs to provide you with a seat in the class of accommodation you have booked.
5.4. TRANSFER WITH PRIVATE CHAUFFEUR SERVICE, TAXI OR COACHES
All our Chauffeur/Taxi/Coach service suppliers use their best endeavours to procure their service in accordance with Good Industry Practice and to all timings specified between them and us. However these timings are not of the essence of the Contract between them and us.
If you have booked a Chauffeur/Taxi/Coach service as part of your arrangements parking and toll charges from a pickup (e.g. airport) and to a dropoff point (e. g. airport) incurred in the provision of services are generally included in your overall price unless stated otherwise.
5.4.1. Passenger Numbers and Luggage
126.96.36.199. Private Chauffeur/Taxi service(s)
The maximum seating and luggage of the car/Minivan/Coach provided by our supplier(s) is determined by them and shall not be exceeded. In the event that you require more than 3 passengers or excessive luggage to travel in a car/Minivan and you have not specified this at the time of booking of the service additional charges may be levied by our supplier for the provision of a larger vehicle or the carriage of additional people in excess of 3 or excess luggage. In case such additional charges occur these have to be settled directly by you with the Chauffeur(s).
188.8.131.52. Coach service(s)
Our booking confirmation and/or booking documentation will state the legal seating capacity of the coach(es) and no passenger in excess of the seating capacity of the coach(es) will be carried. A child counts as a passenger. Please note that we will provide the Coach service supplier with the number of people for whom we have booked the service and that the Coach Driver will only allow the confirmed number of passengers travelling on the coach even if this number is lower than the legal seating capacity.
5.4.2.Waiting time charges and costs for extra mileage/time for private Chauffeur service(s)
If you ask the Chauffeur to stop on the way to or from a booked service and the Chauffeur has to wait for you while you e. g. visit a Garden or a Castle additional costs accrue which are in general not included in our arrangements - unless mentioned otherwise - and therefore have to be settled directly by you with the Chauffeur(s). This also includes costs for extra mileage/time due to a requested detour from the booked service. Our suppliers for private Chauffeur services usually calculate such additional charges on a 15 minutes basis. They also reserve the right to change your vehicle or Chauffeur at any time if necessary
5.4.3. Departure times of Coach(es)
The coach will depart at times agreed between us and our supplier(s). It is the responsibility of you to account for all passengers at those times. If time changes should be arranged these could either be done by us or the lead booking name whose name we have provided to our supplier(s).
5.4.4. Operational hours
As operational hours are regulated by law you are responsible to ensure that the coach driver(s)/Chauffeurs keep to hours and times confirmed by us in our booking confirmation and/or booking documentation. Neither you, any passenger nor we shall delay or otherwise interrupt the journey in such a way that the driver(s) is/are at risk of breaching regulations relating to driving hours. You will be responsible for any additional costs incurred - unless it is outside your control - if any breach occurs.
Please note that our suppliers operate a non-smoking policy in all cars/Minivans/Coaches provided.
No one other than the Chauffeur(s)/Taxi(s)/Coach Driver(s) are entitled to drive the provided cars/Minivans/Coach(es). In the event of any breakdown of the provided cars/Minivan/Coach(es) our supplier will use its best efforts to ensure that an alternative vehicle attends at the earliest opportunity to recommence the service.
It is your sole responsibility to ensure that any seat belt provided in the car(s)/Minivan(s)/Coach(es) is worn by you and all other person/s travelling with you. Our suppliers and we consequently exclude therefore any liability to you and all other person/s travelling with you attributable to any such failure.
The Chauffeur(s)/Taxis(s)/Coach Driver(s) will drive at safe and sensible speeds in accordance with road conditions, traffic and the legal speed limits and therefore shall not be bound to comply with your request to exceed speed limits.
Please note that our suppliers carry your properties entirely at your own risk and we shall not be held responsible/liable for any loss/damage to such property.
Unless instructed otherwise by us at the time of booking the Chauffeur(s)/Taxi(s)/Coach Diver(s) will travel by the most appropriate route on the day of your service(s) whether or not it is actually the shortest route. Our supplier(s) shall not be held responsible for loss or inconvenience arising from the delays in journey durations attributable to traffic or weather conditions or a breakdown of another vehicle or otherwise.
5.4.7. Chauffeurs/Taxi/Coach Drivers absolute discretion
Our suppliers and their Chauffeur(s)/Taxi(s)/Coach Driver(s) have the right to refuse to carry you and any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the Chauffeur(s)/Taxi(s)/Coach Driver(s), the car/Minivan/Coach or any other passenger(s). They also have the right to terminate a specific journey under such circumstances. Furthermore the Chauffeur(s)/Taxi(s)/Coach Driver(s) has/have the right to refuse carriage of luggage if in the Chauffeur’s/Taxi(s)/Coach Driver’s opinion the weight and volume of the same is excessive. You should therefore take necessary steps to notify us in advance of such requirements. Our suppliers will not be responsible for any damage to, or loss of personal property left in any car/Minivan/Coach, passenger areas or baggage compartments. Our suppliers will not accept any liability for damage or loss to any property entering or leaving the car(s)/Minivan(s)/Coach(es) whilst in motion.
All articles of lost property recovered from the vehicle will be held at our suppliers premises where the car(s)/Minivan(s)/Coach(es) is based.
5.4.8.Chauffeurs/Taxi/Coach Drivers Miscellaneous
- Of course, you can modify your plans if there are changes on the day of the trip. If this results in additional costs due to extra time, extra miles or other services offered, you must generally settle these costs directly with the chauffeur/driver.
- You must allow sufficient time for the check-in time required by your airline/train company and for delays caused by traffic. Chauffeurs/Taxi/Coach Drivers are not responsible for any delays caused by you if you are not ready to be picked up at the booked time.
- When providing services to an airport, seaport or railway station where there is a significant difference between the flight, crossing or train service and the scheduled time of arrival, the Chauffeurs/Taxi/Coach Drivers will make every effort to satisfy your amendment request. However, the Chauffeurs/Taxi/Coach Drivers shall not be liable for any delay due to such circumstances.
- Any change in flight or destination details within 28 days prior to the scheduled pick up/meeting time may result in cancellation of service and the Chauffeurs/Taxi/Coach companies reserve the right to charge a cancellation fee. We send you an invoice for these costs inclusive of our amendment fee and you have to settle the invoice prior to the start date of your booked service with us. In case we don’t receive the payment in time we reserve the right to cancel any other service included in your booked service with us which reflects the open invoice amount.
- If the vehicle needs to be cleaned due to dirt caused by you, there will be a cleaning fee, which you usually have to pay directly. The cost of any damage to a vehicle caused by you will also be charged to you accordingly.
- For trips booked from airports, seaports, railway stations and major locations, it is your responsibility to find the Chauffeur/Driver, not the Chauffeur/Driver to find you. When booking such a trip, the Chauffeurs/Taxi/Coach companies will give you a specific meeting point to find.
- If you do not show up after a reasonable time after the confirmed time and you haven’t informed the Chauffeur/driver of the delay they may pursue their next booking and no refund will be given.
- Usually, 60 minutes of waiting time from the time your flight lands is free of charge. If the above waiting time is shorter, we will inform you accordingly. Thereafter, a charge will be made for the waiting time at the current rate plus any additional parking charges. The current rate is £50.00 per hour or £12.50 per 15 minutes (or part thereof). At other pick-up locations, a 10-minute waiting period is usually included, after which the above waiting time will be charged. Please note that any applicable waiting time charges and/or additional parking charges must be settled directly with the chauffeur/driver.
- On Coaches you may, at your own risk, place items that can easily be placed in the passenger compartment within the area of your own seat and without disturbing other passengers, free of charge ("hand luggage"). You are responsible for the safe loading of the hand luggage in the passenger compartment. When using the overhead storage compartments, if provided, there is an increased risk of injury from slipping or falling. Heavy hand luggage may only be stowed under your own seat.
- On Caches hand luggage must be taken out of the vehicle when leaving the vehicle (also during the day). In particular, no valuables (handbags, cameras, audio equipment, etc.) may be left on board. These are not insured and will not be replaced in the event of burglary or theft.
- On Coaches the remaining luggage must be packed in such a way that the contents are secured against loss, deterioration or damage. Dangerous, bulky or other unusual items of luggage may be excluded from carriage. The name and address of the baggage must be clearly marked on the baggage.
- You are responsible for checking that your luggage is loaded onto the coach. We are not liable for luggage that is lost during loading or unloading. When taking over the luggage, you must immediately carry out a visual check for any possible damage to the luggage. If you notice any new damage, you must inform the driver and us immediately.
The Lead Booking Name (see no. 1.2.) has to give written notice if a booking needs to be cancelled. Should you and/or a member of your travelling party wish to alter, cancel a booking and/or re-book an alternative this will be subject to the amendment and/or cancellation terms (see no. 11. and 12. and additional cancellation rules under “COVID-19 (or variations thereof) AND THE NEW NORMAL” - see page 1 of these Terms & Conditions) and Service Fee (see no. 8.2.) within these Terms and Conditions. The circumstances surrounding cancellations and refunds vary greatly. It is therefore important that you are fully aware of the cancellation and administrative charges relating to your contract with us. We may use our absolute discretion however to transfer some or all of any monies already paid by you to an alternative booking. If the alternative booking requires a greater payment then has already been paid then the balance between what is required and any monies already paid becomes due.
7. BASIS OF SALE
7.1. BOOKING PROPOSAL REQUEST RECEIVED VIA OUR WEBSITE OR TELEPHONE
7.1.1. Booking Proposal Request
Our websites include travel arrangements which could be booked as presented. However we are very happy to tailor-made our booking proposal to your specific request. Please note the price in our proposal may differ from the price you may see on our website (see no. 8).
The booking proposals we issue to you include various services, which you have requested (subject to availability at the time of booking). Please note that we reserve the right to increase or decrease the price and change any of the information in our booking proposal before your booking is confirmed and a contract comes into existence. However we will inform you clearly, comprehensively and unambiguously about such changes before concluding the package travel contract and such changes have to be made by mutual agreement between you and us.
It lies in our absolute discretion to refuse accepting any booking proposal request without necessarily specifying a reason.
If you like to receive the Terms & Conditions of the supplier which will provide the services for the arrangements which we organise for you you have to let us know in order to send the suppliers Terms & Conditions together with the booking proposal.
7.1.2. Booking Proposal Acceptance by you
If you are happy with our proposal you have to let us know via email (or posted confirmation) that you accept our proposal. With this confirmation you are committed and legally bound as this is a binding offer by you on the basis of our proposal and we may already purchase any parts of your arrangements after receiving your confirmation to secure some part/all parts of your arrangements, which may otherwise be not available any longer.
A contract between us and you comes into effect when your offer (confirmation of acceptance of our proposal) is accepted by us (= contract declaration of us). This contract can be concluded verbally, by telephone or in writing (e.g. by e-mail or signature). This results in rights and obligations for us and you. We declare our acceptance of your offer by sending you our invoice.
7.2. YOUR BINDING BOOKING REQUEST VIA OUR WEBSITE
7.2.1. Binding Booking Request
The process of online booking on our website is uncomplicated and self-explanatory. During the online booking process on our website you have the option of correcting your entries, deleting or resetting the entire online booking form. By pressing the button "book now" on our website you are sending us a binding booking request via our website and are making a binding offer to us to conclude a contract for the requested services. You will receive an immediate electronic confirmation of receipt of this binding-booking request. If you like to receive the Terms & Conditions of the supplier(s) which provides the service(s) for the arrangements which we organise for you, you have to ask us when sending us your binding booking request and we are happy to send them to you together with our invoice or if you like before you place the booking if you have asked us to send them to you before we receive your binding booking request.
Please note: The transmission of your binding booking request does not constitute a claim on your part to the conclusion of a contract in accordance with the request as our offers presented by us on our websites or in other descriptions of the travel services on which the booking is based do NOT constitute a binding contractual offer.
7.2.2. Booking Proposal Acceptance by us
The contract comes into effect upon acceptance by us. We are free to decide whether to accept your contract offer or not. A contract between us and you comes into effect when your offer (binding booking request sent online) is accepted by us (= contract declaration of us). This contract can be concluded verbally, by telephone or in writing (e.g. by e-mail or signature). This results in rights and obligations for us and you. We declare our acceptance of your offer by sending you our invoice.
Please note that
- any acknowledgements of receipt of your booking request declared by us (i.e. the mere confirmation that we have received the booking request) do not constitute acceptance of the offer.
- we only guarantee your requested services after we have received the deposit payment in full and you have received our booking confirmation.
7.3. DEPOSIT PAYMENT
After you have sent us your acceptance of our (latest) proposal (see clause 7.1.2.) and have received our invoice - or you have received our invoice after we have accepted your online booking request (see clause 7.2.2.) you have to pay us the applicable deposit within the specified period (usually 7 days after receipt of our invoice unless otherwise stated on the invoice) or if booking within 84 days of the departure the full amount. The exact deposit amount will depend upon the services, which form part of your arrangements (see no. 9.) The required deposit will be shown in our booking proposal and the invoice which we send to you after we have received your acceptance respectively after excepting of your binding booking request via our website by us. Deposits are generally not refundable unless we are unable to confirm your original booking request or in case of a major change (see no 13.) or the exception explained under clause 10.3.2.5. and 10.4.3. (Cancellation of booked arrangements due to unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity).
In the event of late or incomplete payment of the deposit or payment of the balance payment is not made on time or in full, we reserve the right to withdraw from the contract after sending you a payment reminder with a payment deadline and, irrespective of the compensation lump sum, we reserve the right to claim any additional compensation.
7.4. DEPOSIT RECEIPT
After receiving the deposit, we will send you a payment receipt confirmation and will arrange/continue with organising your booked services. In case we aren’t able to secure all parts of your arrangements we will contact you at short notice and offer alternatives. If the alternative doesn’t suit you, we will refund you the deposit received by you.
If you have requested to receive the suppliers Terms & Conditions when sending us a booking enquiry or binding booking request and we have sent you these you acknowledge the receipt and acceptance of the content of these Terms & Conditions with the payment. In case you haven’t requested the suppliers Terms & Conditions when sending us a booking enquiry or binding booking request or before making the deposit payment you confirm with the payment that the suppliers Terms & Conditions are binding to your contract with us as well even if you haven’t asked us to send them to you (see clause 1. CONTRACT BETWEEN YOU AND US).
7.5. BINDING CONTRACT
Please note that a “booking” is binding for you after acceptance of our proposal (see 7.1.2.) respectively when you have sent us your binding booking request via our website (see 7.2.2) Once we have received your deposit payment we send you a booking confirmation for bookings which falls under The Travel Package and Linked Travel Arrangements Regulations 2018, for all other arrangements we send you a payment receipt confirmation (see 7.3). It is important to check the details on the invoice and the booking confirmation when you get them. Please contact us immediately if any details seem to be incorrect or incomplete, as it may not be possible to make changes later.
The invoice and also the booking confirmation state the details of the due payment date(s) for any applicable balance to be paid.
7.5.1. Notification of inaccuracies of Booking Confirmation and/or Invoice
If any details in our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers) are wrong you must advise us within 5 days after sending you our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers). If your booked services start less than 5 days after receiving our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers) you must inform us immediately. If we are not notified of any inaccuracies in the Booking Confirmation, Invoice and/or any travel document within 5 days or immediately if your arrival is in less than 5 days we cannot accept any liability for any inaccuracy for which we’re responsible after this time and this may harm your rights. We will do our best to rectify any mistakes notified to us outside these time limits but you must meet any costs involved in doing so.
No variation of the Contract shall be binding unless agreed in writing by us.
Any typographical, clerical or other error or omission in the Factsheet(s) or other sales literature, proposal, Booking Confirmation, invoice or other document or information issued by us and/or our suppliers shall be subject to correction without any liability on the part of us.
184.108.40.206 Pricing Error
We do our best to ensure that errors don’t occur, however, regrettably errors may occasionally happen. When we become aware of any such error we will inform you as soon as reasonably possible. If we have already confirmed your booking you will have the following choices:
- to continue with the chosen itinerary at the corrected price or
- amend to a different holiday package/other arrangements or
- cancel the holiday package/other arrangements
7.6. BALANCE PAYMENT
The Balance payment is due 84 days before your holiday - unless otherwise agreed and shown on the invoice -. In the event of late or incomplete balance payment, we reserve the right to withdraw from the contract after sending you a payment reminder with a payment deadline and, irrespective of the compensation lump sum, we reserve the right to claim any additional compensation.
After receiving the balance, we will send you a payment receipt confirmation.
7.7. FINANCIAL PROTECTION - YOUR PEACE OF MIND
The Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on package travel and linked travel arrangements amending Regulation (EC) No 2006/2004 require us to provide security for the monies that you pay for the booked package holidays booked and for your repatriation - if flights are included in the arrangements - in the event of our insolvency.
- Mutual Recognition: Compliant insolvency cover as outlined above acquired by UK established traders will be recognised across all EEA Member States as complying with the PTD 2015. In practice this will mean that a trader established in the UK will be able to sell to customers in other Member States, but only have to comply with the UK insolvency regime.
- Central Contact Point: To help the mutual recognition principle function, EEA States must designate central contact points. These central contact points facilitate administrative cooperation and supervision of organisers operating in different Member States in accordance with the mutual recognition principle on insolvency arrangements.
- The CAA has been designated the lead central contact point for the UK. They will be able to draw upon their extensive experience and oversight within the sector to co-operate with contact points across Europe in the supervision of organisers operating in different Member States. Any non-flight cases reported to the CAA will be referred to BEIS.
The CAA contact point can be contacted at firstname.lastname@example.org or email@example.com
In order to provide you with the required security we are member of the Travel Trust Association (short TTA, Travel Trust Association, 2 Crown Square, Woking, Surrey, GU21 6HR; membership number U9905). We are obliged to maintain a high standard of service to you by TTA's Code of Conduct. All monies paid to us will be legally safeguarded by being held in Trust in a CARUS Travel Trust account, thus ensuring that in the very unlikely event of our insolvency money paid in respect of advance bookings (future travel) will be refunded in full. You can contact the TTA in the following ways:
- Telephone: 01483 545 780 or Fax: 01483 730 746
Please be aware that if you book arrangements other than a package holiday (e.g. trips lasting less than 24 hours which do not include accommodation or accommodation only) or Business to Business for resale (where we provide service only as a Destination Management Company and we only provide service as a broker) the financial protection referred to above and also The Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on package travel and linked travel arrangements amending Regulation (EC) No 2006/2004 does not apply. In such circumstances your payments will be deposited into our Business Account.
7.7.1. Trust Association
The Travel Trust Association is a travel trade association. Their members consist of travel agents, tour operators and travel organisers. It exists in order to protect you with 100% financial protection and has been doing so for over 20 years. The Travel Trust Association will protect you in the unlikely event of us becoming insolvent. Should we for any reason financially fail or cease trading, the Travel Trust Association will liaise with our suppliers to ensure that your booking goes ahead unaffected. If for any reason this is not possible, the Travel Trust Association will administer a claim for a refund of money that you have paid to us for your holiday.
7.7.2. Financial Protection
Your holiday package price needs to be deposited into our Trust Account. A Trust Account is a bank account designated to hold your money. Your money remains in the Trust Account and is supervised by an appointed trustee who is either a banker, chartered or certified accountant or a solicitor. Both we and the trustee are required to authorise payments from the trust account.
In addition to holding your money in trust, you also have a financial guarantee from the Travel Trust Association. TTA will guarantee our financial obligation up to a maximum of GBP 11,000 for any one passenger. So if you paid e.g. GBP 2,000 the Travel Trust Association guarantees that it will reimburse the loss of the GBP 2,000, where it is not available for you from the Trust Account.
Therefore, the Trust Account plus the guarantee will ensure that all the money, which you have paid is safely protected and available to reimburse the money paid. When you make a booking, you will be supplied with a guarantee certificate – you can see the terms of the guarantee on the website www.traveltrust.co.uk/guarantee.
Should we become insolvent, in most instances your money will still be held within our Trust Account by the designated Trustee, and available to pay for your holiday. If because of fraud or dishonesty the money is not there, then the guarantee is available to reimburse your loss. In some cases your holiday may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance your holiday will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
In case you ask us not to organise a trip for you but to buy a Voucher which can be used for (part) payment of a future (holiday) booking - which falls either under the PTR or doesn’t - we are more than happy to provide you with such a Voucher. Please note that
- the payment for the Voucher has to be made into our Trust Account - see above 7.6. FINANCIAL PROTECTION - YOUR PEACE OF MIND - before the Voucher will be issued
- all Vouchers issued by us have a validity date after which the Voucher can’t be used anymore and that
- the Voucher cannot be redeemed for a (cash) refund.
If you pay by means of (a) voucher(s) issued by us and the arranged travel service has to be cancelled by us, the refund shall also be made in the form of vouchers. Cash redemption is excluded.
8. PRICING POLICY AND INVOICE
If we tailor made the arrangements for you the “from” prices shown on our webpages are only an indication of the lowest price available – at the time of publishing - for the accommodation or itinerary featured and may vary as a result of a number of factors. Such factors are e.g. date of travel, choice of accommodation, airport transfer. All prices are quoted in GBP Sterling or EURO and we will always make clear what is included within the quoted price. We are under no obligation to give a breakdown of the costs involved in a holiday package and for bookings, which don’t fall under The Package Travel and Linked Travel Arrangements Regulations 2018.
8.1.1. Price Increase
We reserve the right to increase the price of your holiday package and for bookings which don’t fall under The Package Travel and Linked Travel Arrangements Regulations 2018 after you have booked at all times but no later than 20 days before the start of your booked service(s) – see the following points -. We will forward an Amendment Invoice reflecting any changes made and also provide you with an explanation and calculation of the increased calculation, which may also include any administration charge.
8.1.2. General reasons for price increases
After a Booking Confirmation has been sent to you, any increase to your holiday package price and the price for bookings which don’t fall under The Package Travel and Linked Travel Arrangements Regulations 2018 will be as a result of changes in our costs of supplying your booked service(s) resulting from any government action such as:
- increase in VAT or
- any other Government imposed increases and
- to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or transportation charges (e.g. fuel, any other cost changes which are part of the contracts of our suppliers with e.g. train haulage providers, rail track access providers, ship operators and any other transport providers).
- the exchange rates relevant to your package.
- any cost incurred by us from our suppliers without fault of us or our suppliers since the issue of the Fact Sheet and/or Booking Confirmation.
8.1.3. Variation of price increases:
- Small price increase: An amount equivalent to 2 % of the price of your travel arrangements will be absorbed or retained.
- Larger price increase: For larger variations the above mentioned 2 % will still be absorbed for increases but not retained from refunds. If you have to pay an increase of more than 8 % of the price of your arrangements the increase will be considered a Major Change as described in no. 13. (You find here your rights in this case as well). Please note that you must exercise your right within 14 days from the issue date printed on your final/amendment invoice.
- Price reduction: If any change in our costs (resulting from actions as described under 8.1.2.) would cause a reduction in your price, we will not make refunds of amounts less than 2 % of your price (calculated as above), but we will refund in full amounts exceeding such 2 %. However we reserve the right to deduct any administrative expenses from such a refund.
8.2. SERVICE CHARGE FOR PTR-BOOKINGS AND INVOICE
Perfect planning and organising high-quality trips is what we do best. We make your life easier and more beautiful, save you a lot of time and hassle and provide you with full financial protection on top of that. Our professional service and expertise is subject to a non-refundable service charge, which includes GBP 20 for the Guarantee Certificate in order to secure your payments. The price of our travel offer consists of 2 parts:
- 17.5 % of the booking price is our service charge (minimum GBP 195 per person and GBP 350 for single travellers resp. the equivalent in EURO) and
- 82.5% respectively the difference to the invoice amount if our minimum service charge applies determines the price of the travel package. In order to simplify the booking process we issue only one invoice, which includes our service charge and the costs for the Guarantee Certificate and the travel package price. If you prefer to receive two separate invoices (one for our service charges and the costs for the Guarantee Certificate and one for the travel package price) please let us know either when accepting our booking proposal or when you submit a binding booking enquiry through our website. In this case we will allocate your deposit payment (or in case you make a full payment) firstly to the invoice issued for our service charge and the costs for the Guarantee Certificate and secondly to the invoice for the travel package.
Please note: If the package travel contract has to be cancelled due to “unavoidable and extraordinary circumstances” (see clause 16) e.g. due to warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination either by you or us you are entitled under The Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on package travel and linked travel arrangements amending Regulation (EC) No 2006/2004 to a refund of money already paid for the travel package. Therefore we will refund you in this particular case the money paid for this booking less our service fee of 17.5 % including GBP 20 for the Guarantee Certificate (minimum GBP 195 per person and GBP 350 for single travellers resp. the equivalent in EURO). If you haven’t requested 2 invoices as described above we will
- send you a credit note which reduces the invoice amount of the issued invoice reflecting the amount for our service charge - including the costs for the Guarantee Certificate -, so that the amount of this invoice reflects the travel package price included in this invoice,
- issue a second invoice which reflects our service fee of 17.5 % - including the costs for the Guarantee Certificate - (minimum GBP 195 per person and GBP 350 for single travellers resp. the equivalent in EURO) of the original invoice total amount and
- allocate the corresponding portion of the payment(s) received to the second invoice.
The price for the travel package will be refunded to you in accordance with clause 11.2. We reserve the right to charge an administration fee of GBP 50 if we have to refund you any payments - under any circumstances -. In addition to our administration charge we will deduct from the refund amount any bank charges incurred by our bank for the refund payment. Please keep in mind that your bank may also deduct charges from the received amount or debit your account with charges for payments from abroad.
9. DEPOSIT AND BALANCE PAYMENTS
9.1. STANDARD DEPOSIT FOR BOOKINGS WHICH FALL UNDER THE TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
The following gives a guide to the standard deposit amounts:
- 20% of the cost of your arrangements (= deposit) is payable by you when you have accepted our booking proposal or when you have sent us your binding booking request via our website.
- Balance of 80% (including any applicable surcharge) is due 84 days before the start of your holiday. If your booking is made less than 85 days before the start of the holiday, you will be required to pay the entire cost of your arrangements at the time of your booking.
9.2. HIGHER DEPOSIT FOR BOOKINGS WHICH FALL UNDER THE TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
Please note your booking deposit may be increased or there may be a charge payable for some parts of the services included in your Holiday Package in order to secure specific services with full payment at the time of booking e.g. Hospitality Tickets, Opera-, Concert- or Sport-Tickets, non-refundable room rates.
9.2.1. Deposit for bookings including Opera-, Concert-, Ballet- or other Music-Performance-Tickets
The following gives a guide to the higher deposit amounts within this category:
- 50% of the cost of your arrangements (= deposit) is payable by you by accepting our booking proposal or when you have sent us your binding booking request via our website.
- Balance of 50% (including any applicable surcharge) is due 84 days before the start of your holiday. If your booking is made less than 85 days before the start of the holiday, you will be required to pay the entire cost of your arrangements at the time of your booking.
As procurement costs for tickets and ticket prices itself vary considerably depending on the event and venue, the deposit amount will be adjusted accordingly and shown on our website or travel offer we sent you, as well as in our booking confirmation and invoice .
9.2.2. Deposit for bookings including Hospitality Packages (e. g. for Goodwood Festival of Speed/Revival, Royal Ascot, Wimbledon)
The following gives a guide to the higher deposit amounts within this category:
- 75% of the cost of your arrangements (= deposit) is payable by you by accepting our booking proposal.
- Balance of 25% (including any applicable surcharge) is due 84 days before the start of your holiday. If your booking is made less than 85 days before the start of the holiday, you will be required to pay the entire cost of your arrangements at the time of your booking.
As procurement costs for tickets and ticket prices itself vary considerably depending on the event and venue, the deposit amount will be adjusted accordingly and shown in the travel advertisement on our website or travel offer we sent you, as well as in our booking confirmation and invoice.
9.3. DEPOSIT DUE DATE
The Deposit shall be paid within 7 days after you have received our invoice via email. However, we highly recommend you pay the deposit as soon as possible as our proposal or in case we have received your binding booking enquiry through our website the booked arrangement(s) is/are subject to availability of all services, which make up your requested arrangement (regardless of whether the arrangement is governed by the The Package Travel and Linked Travel Arrangements Regulations 2018 or not) at the time of receipt of your deposit payment.
9.4. BALANCE PAYMENT FOR BOOKINGS WHICH FALL UNDER THE TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
In our Booking Confirmation/Invoice sent to you, you will find further information relevant to your booking, e. g. outstanding balance and when this payment is due and maybe any surcharges (if applicable). The balance is – unless otherwise agreed before confirmation of the booking through us – due at least 84 days before commence of your booked service(s) or the brokered tour operators terms and conditions.
9.5. OVERDUE DEPOSIT/BALANCE PAYMENT WHICH FALL UNDER THE TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
If you do not make the deposit payment and/or the final payment in accordance with the agreed due dates for payment, although we resp. the brokered tour operator is prepared and able to provide the contractual services properly, has fulfilled its legal obligations to provide information and there is no legal or contractual right of retention on your part, we respectively the brokered tour operator are entitled to withdraw from the package tour respectively arrangement contract after issuing one reminder with a deadline and to charge you with withdrawal costs in accordance with section 12.
9.6. PAYMENTS FOR BOOKINGS WHICH DO NOT FALL UNDER THE TRAVEL PACKAGE AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
For such bookings the whole amount is due in one payment within 7 days of receipt of the invoice.
10. ALTERATIONS OR CANCELLATION BY YOU
10.1. GENERAL STATEMENT
In the event that you or any member of your party wishes to alter or cancel any part of the booking after our Booking Confirmation has been sent out to you we must be notified immediately in writing by the Lead Booking Name (see no. 1.2.). Whilst we will try to assist, we cannot guarantee that we will be able to make your requested change. Where a part cancellation is made, it may increase the costs of the booked service(s) for those people who have not cancelled.
10.2. ALTERATION BY YOU
10.2.1. Alteration prior to final payment by You
If you wish to alter an element of your booked service(s) prior to your final payment (such as changing to a different hotel or changing a name in your booking) or make a cancellation (such as an optional extra you have booked) we will do our best to make the change for you. The alteration is subject to our amendment charges shown below (see no. 11.) as well as to all communication charges or other costs incurred by us as a result of the change. You must also pay any costs and charges incurred or imposed by any of our suppliers in making the requested change. These charges will be payable whether or not we succeed in confirming your requested amendment. Please note that these costs could increase the closer to the start date of your booked service(s) are requested/made.
10.2.2. Price recalculation
Some facilities such as e.g. hotel rooms or transfer services (private Chauffeur-Service, Taxis or Buses) are priced according to the number of people staying and/or using the service. We will recalculate your booking cost based on the new number of people if your booking changes because someone in your party has cancelled. Please note that if fewer people share the accommodation (especially amended from room double occupancy to single occupancy) and/or use of any transfer service and/or other facilities the price for the booked service(s) for the remaining party may/will go up.
10.2.3. Multiple alteration by You
We reserve the right to treat your alterations as a different booking if you make multiple alterations. Changes within 30 days of start date of your first booked service may also be treated as a different booking. Cancelation charges will apply accordingly (see no. 12).
10.2.4. Alteration by You after issuing of any tickets
Once tickets have been issued, and sometimes even before they have been issued, any changes made to the ticket(s), including names or initials, could result in you having to pay for the cancelled ticket(s) and buy a new ticket(s) at full cost.
10.2.5. Alterations in regards of transport providers
Transport providers (usually not relevant for Private Chauffeur service suppliers and Bus/Coach companies) normally regard name changes and date changes/time changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the fare. These charges will be passed on to you.
10.2.6. Alterations in regards of other service providers
Some other service providers regarding name changes and date changes as a cancellation and rebooking and any alteration may incur a 100% cancellation charge in respect of the service, if the booking of this service states this as a prerequisite. We will make you aware of such terms when sending you our booking proposal and booking confirmation.
10.2.7. Unable to assist You
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you in which case a cancellation charge will be payable (see no. 12).
Note: Certain arrangements may not be able to be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
10.2.8. New Price
The new price will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you made your booking.
10.2.9. Alteration by you after final payment
If you wish to alter an element of your booking after final payment (such as changing to a different hotel or changing a name in your booking) or make a cancellation (such as an optional extra you have booked) we will do our best to make the change for you. The alteration is subject to our amendment charges shown below (see no. 11.) as well as to all communication charges or other costs incurred by us as a result of the change. You must also pay any costs and charges incurred or imposed by any of our suppliers in making the change requested. These charges will be payable whether or not we succeed in confirming your requested amendment. Please note that these costs could increase the closer to the start date of your first booked service is requested/made. In accordance with our cancellation conditions (see 12.) we reserve the right to keep a possible refund from our suppliers.
- If you cancel your booking with us after we have agreed that you can change your booking to a booking of lower value, we reserve the right to levy cancellation charges. Please note that under such circumstances these will be calculated on the value of the original booking.
- Please note that without our formal consent it will not be possible for you to make any changes within 30 days of your scheduled arrival date (except for transfer of a booking, see 10.3.).
- Please note that some inclusions of a holiday package which falls under the The Package Travel and Linked Travel Arrangements Regulations 2018 such as tickets for e. g. sport and cultural events, Hospitality Packages such as Wimbledon or Goodwood Festival of Speed or Revival may be non-refundable. We will make this crystal clear when you book those arrangements, please check with us if you are unsure at the time of booking.
10.3. TRANSFER OF A HOLIDAY PACKAGE OR CANCELLATION BY YOU FOR PTR BOOKINGS
10.3.1. Transfer of a holiday package by You for PTR bookings
If you decide to transfer a booking (in respect of which we have sent you a Booking Confirmation) you have the following options:
A person(s) may transfer their place to someone else (introduced by you) if this person is prevented from travelling as a result of an unforeseeable event (e.g. illness, death of a close relative) provided we are notified not less than 20 days before departure. The Lead Passenger will need to give the confirmations and representations set out in section 1.2. If the Lead Passenger is transferring his/her place to someone else a new Lead Passenger needs to accept the transfer and the terms of our contract. You have to pay an amendment fee in accordance with the table below (see no. 11.) and meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers (see also 10.2.).
(b) Unable to find a replacement
If you are unable to find a replacement, the Lead Passenger must notify us in writing of the cancellation of that person. Your notice of cancellation will only take effect when
(1) in the case of post, the notice is received in writing by us at our office at CARUS Travel Ltd., 2 South Pines, 2a Brownsea Road, Poole, BH13 7QP, UK. We recommend that you use recorded delivery or
(2) in the case of e-mail, you receive a reply from us acknowledging receipt of your e-mail sent to firstname.lastname@example.org.
10.3.1.2. Notification of consent
We reserve the right to request a notification of consent from each member of the party in respect of whom the cancellation is made.
10.3.1.3. Joint liability of parties involved in transfer of the booking
Both parties involved in the transfer accept that they shall remain jointly liable and responsible for the additional costs involved (including the administration charge in accordance with no.11. and maybe 12.). This will be added to the new Invoice.
10.3.1.4. Refuse of transfer by suppliers
Please note that some supplier(s) may refuse such requests and treat the transfer as a cancellation and re-booking.
10.3.2. Cancelation by You of PTR bookings
10.3.2.1. Cancellation by you
You may cancel your booking at any time before departure. If you give us notice of your intention to cancel your Holiday Package or do not start the journey without withdrawing from the travel contract, we shall be entitled to cancel the Contract and suspend provision of your Holiday Package. The same applies if you fail to pay the Deposit/Balance in full after accepting our Booking Proposal or sending us a binding booking enquiry through our website by the due date detailed on the Proposal and/or Invoice, even after sending you one reminder with a deadline. This cancellation by us is without prejudice to any other right or remedy available to us. Notice of your cancellation must be in writing. The cancellation will take effect from the day we are notified provided that written confirmation - in case you inform us by telephone of your intent to cancel - is received by us within 24-hours of the original notification resp. when we consider your booked trip as cancelled because you have not fulfilled your payment obligations despite having sent you a reminder.
10.3.2.2. Effect of your Cancelation
You should expect to receive a Cancellation Invoice from us once we have received your notice of cancellation. A cancellation invoice will be sent to you usually within 14 days. If you do not receive this please contact us immediately.
The result of your cancellation may be that we are not able to resell the cancelled travel arrangements. You therefore have to compensate us for this risk and to cover the cost of processing your cancellation in way of paying the cancellation charges on the scale shown below (see no.12) unless the description of the package or tour description or booking confirmation does not refer to any deviating cancellation conditions for this package or a particular tour. The size of the charge depends on when we receive your notification – the more notice you give, the less we will charge. The Lead Booking Passenger is responsible for paying this charge. However all persons whose names have been provided by The Lead Booking Passenger are liable for the payment of the cancellation charge.
10.3.2.3. Partial Cancellation
Please note, if only some members of your party cancel we will recalculate the cost for the booked service(s) for the remaining members of your party in addition to incurring the applicable cancellation charges. The remaining group members may have to pay e.g. extra room charges such as single room supplements.
10.3.2.4. Cancellation after receipt of documents
Please note that, in case of cancellation after receipt of documents, in general no refund will be given (unless unused tickets/Vouchers are returned to us and we are able to resell them without any discounts).
10.3.2.5. Cancellation by you due to unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity
If the performance of your holiday package is significantly affected by unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity you may cancel your booking without paying cancellation charges (Please note: We may however deduct our service charge as described in clause 8.2.). In such circumstances, we will arrange for your booking to be terminated and for you to receive either a refund or a secured voucher depending on your preference. We will not be liable to pay you any compensation. Unavoidable and extraordinary circumstances are defined as follows: Situation beyond our control and the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situation might include significant risks to human health, e.g. outbreak of a serious disease or natural disasters at the travel destination, floods, earthquakes or severe weather conditions or warfare or acts of terrorism. (see also clause 16.)
Please note: Whether unavoidable and extraordinary circumstances exist, depend on the particular situation. An official travel warning from national authorities can be an important indicator of unavoidable and extraordinary circumstances, however a travel warning itself has no direct legal consequences. Decisive for the possibility of a free travel cancellation are therefore not travel warnings, but the legal question whether exceptional, unavoidable circumstances exist, how strongly they impact the performance of your trip, whether the issues addressed in travel warnings can be mitigated through arrangements from our site and/or the suppliers of the services booked and if you could have been aware of these or similar situations at the time of booking. Thus, you cannot cancel a trip free of charge with reference to the travel warning; rather, the circumstances must be examined and assed no earlier than 14 days before the start of the trip as circumstances could change again quickly. If you are not entitled to exercise the cancelation right described in this clause, but like to cancel your trip anyway, the regular cancellation charges described in clause 12. apply.
10.3.3. Unused services after the start of the holiday
If you ask us to cancel/amend any services booked as part of your holiday while being already on holiday we will do our best to fulfil your request but we cannot guarantee this will be possible. Please note that you will be liable for any cancellation charges that our suppliers may levy for the services originally booked and also for the cost of booking amended arrangements in addition to the arrangements themselves. We cannot guarantee refunds will be paid to you.
10.4. CANCELLATION BY YOU FOR NON-PTR BOOKINGS
10.4.1. Cancelation by you
If you notify us in writing of your intention to cancel your booking, or after you have accepted our booking proposal or sent us a binding booking request via our website, but fail to pay the deposit or balance agreed in accordance with the travel proposal and/or invoice and/or booking confirmation in full by the stated due date, even after sending you one reminder, we shall be entitled to cancel the contract and suspend the provision of the services requested by you. This cancellation by us is without prejudice to any other right or remedy available to us. Cancellation will take effect from the day we are notified provided that written confirmation - in case you inform us by telephone of your intent to cancel - is received by us within 24-hours of the original notification resp. when we consider your booked trip as cancelled because you have not fulfilled your payment obligations despite having sent you a reminder.
10.4.2. Effect of your cancellation
After we have received your cancellation notification, we will send you a cancellation invoice, usually within 14 days. If you do not receive one please contact us immediately.
If you cancel your arrangement or do not use it without withdrawing from our contract, we terminate your booking in which case you have to pay
- cancellation charges as set out in clause no.12.2. when full payment has been requested at the time of booking and we will not be liable to pay you any compensation.
- cancellation charges as set out in clause 12.1.2. or 12.1.3. – depending on your booked services - if we haven’t requested full payment at the time of booking contrary to standard payment request set out in clause 9.6.
10.4.3. Cancellation due to unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity
If the performance of your booking is significantly affected by unavoidable and extraordinary circumstances (see clause 16.) occurring at your bookings destination or its immediate vicinity you may like to cancel your booking in which case you have to pay our cancellation charges as set out in clause no.12.4. and we will not be liable to pay you any compensation.
10.4.4. Unused services after the start of the first booked service
If you ask us to cancel/amend any services booked on the date of the booked services such requests cannot be fulfilled.
11. AMENDMENT/ALTERATION/ADMINISTRATION/PAYMENT REMINDER CHARGE
11.1. IN CASE OF AMENDMENTS/ ALTERATIONS BY YOU
We reserve the right to levy an administration charge of up to GBP 50 per person
- for each amendment made to the original booking at the request of you without a cancellation. In addition to our amendment fee you have to pay the costs and charges incurred or imposed by any of our suppliers.
- if you request that the invoice which we have sent to you should be addressed to another payee.
11.2. PAYMENT REMINDER
We reserve the right to levy a payment reminder charge of GBP 25 if we are required to send you more than one deposit or balance payment reminder. In case you are not paying such an invoiced charge we have the right to also levy an amendment charge of up to GBP 50 and to reduce booked services which equals these charges.
We reserve the right to charge an administration of GBP 50 if we have to refund you any payments - under any circumstances -. In addition to our administration charge we will deduct from the refund amount any bank charges incurred by our bank for the refund payment. Please keep in mind that your bank may also deduct charges from the received amount or debit your account with charges for payments from abroad.
12. CANCELLATION CHARGES IN CASE OF CANCELLATION BY YOU
12.1. Charges for PTR bookings
If you have cancelled a package we are entitled to charge you reasonable compensation for the travel arrangements made, expenses incurred and cost of processing your cancellation. When calculating the cancellation charge, usually saved expenses and usually possible other uses of the travel services (especially resell of your travel arrangement or parts of it) are to be taken into account. You are at liberty to prove that no or lower costs were incurred in connection with the cancellation or your non-appearance to the journey. If the description of the holiday package or booking confirmation does not refer to any deviating cancellation conditions, the claim for cancellation charges will be a lump-sum as shown below. These charges are in general a percentage of the total price of your booking (see below). In the event of a re-booking these may be changed. Cancellation fees depend on how many days before the start of the booked holiday we receive your cancellation notice resp. when we consider your booked trip as cancelled because you have not fulfilled your payment obligations despite having sent you a reminder.
For certain travel arrangements the cancellation charge may be higher than shown below as standard cancellation fees. In certain circumstances cancellation charge up to 100% applies as soon as the booking is made. If special, deviating cancellation costs apply to certain trips or arrangements as shown in 12.1.2., we will inform you of this in the tour/arrangement description or booking proposal. We will provide you with full details of cancellation charges at the time of booking if you request these.
No shows are in any case regarded as cancellations on the start of the holiday, thus the cancellation charge amounts to 100% of your total travel price.
We will apply any money you have already paid to us towards settling any cancellation charge(s). We will refund the balance if your payments exceed the sum due.
We highly recommend that you check your insurance policy to see if you are covered for cancellation charges.
12.1.1. Standard cancelation fees
These charges are based on how many days before the booked holiday start date we receive your cancellation notice resp. when we consider your booked trip as cancelled because you have not fulfilled your payment obligations despite having sent you a reminder (Period (in days)). These charges are a percentage of the total price of your booking. In the event of a re-booking this may be changed.
Period (in days)
84 days and more Loss of deposit
83 - 56 days 35 %
55 - 42 days 50 %
41 – 28 days 70 %
27 - 14 days 90%
13 - 0 days 100%
12.1.2. Cancellation fees deviating from the standard
Expenses already incurred by us which cannot be refunded (e.g. non-refundable down payments for hotels and other services, tickets without the possibility of a refund, reservation fees and other expenses - e.g. processing and alteration fees -) must be paid in full by you in the event of cancellation.The same applies to costs or fees incurred due to special requests from you. In all these cases we increase the deposit payment accordingly.
If the standard deposit is increased then the cancellation fees are calculated as follows:
- The costs by which the standard deposit was increased are deducted from the total travel price.
- The above shown percentages are applied to this determined amount.
- Addition of the costs by which the standard deposit was increased to the result of step 2
Example: cancellation 35 days prior to departure, total booking cost GBP 1,000, costs to secure certain tickets GBP 300
- GBP 1,000 less GBP 300 = GBP 700
- The basis to calculate cancellation charges on % basis; 70% of GBP 700 = GBP 490
- Total cancellation charges GBP 300 + GBP 490 = GBP 790.
If on detailed programmes, individual proposals or on other, the booking based documents contain provisions other than those above-mentioned regulations, these deviating conditions are deemed to be agreed for the booking.
12.2. Charges for Non PTR bookings
If you have cancelled a non PTR-booking you are not entitled to any refund.
12.3. Cancellation charges for cancellation by You due to unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity for bookings, which fall under PTR
If your booking falls under such circumstances (see clause 10.3.2.5.) your booking will be terminated and you will receive a refund but we will not be liable to pay you any compensation. Please note: We may however deduct our service charge, administration fee and bank charges as described in clause 8.2..
12.4. Cancellation charges for cancellation by You due to unavoidable and extraordinary circumstances occurring at your bookings destination or its immediate vicinity for bookings, which do not fall under PTR
If your booking falls under such circumstances (see clause 10.4.3.) your booking will be terminated and you are not entitled to a refund, however we will refund you all the money we are able to claim back from our suppliers less our administration fee and bank charges mentioned in clause 8.2. We will not be liable to pay you any compensation.
13. ALTERATION/CHANGE OR CANCELLATION BY US
13.1. Alteration/Change by Us
13.1.1. Alteration/Change by us
Our suppliers and we make every effort to operate all services as stated in the Booking Confirmation and Invoice. However, please note that we have no direct control over our suppliers. On rare occasions our suppliers have to make changes after the booking has been made so that we need to make the same changes towards your booking. We reserve the right to do this at any time. Most changes are “Minor” however sometimes we have to make a “Major” Change to your booked service(s).
13.1.2. “Minor” change before departure by us
220.127.116.11. We will try to inform you about such changes before you go on holiday, however we are not obliged to do so. Therefore, no compensation is payable. An example of minor changes includes changes of accommodation to another of the same standard.
18.104.22.168. If you have booked a Hospitality Package every reasonable effort will be made to ensure that the Hospitality Package is in accordance with the details as set out in your Booking Confirmation/Invoice respectively attachments. Nevertheless we reserve the right in our absolute discretion to make any changes to a booked Hospitality Package - in accordance with changes initiated from our supplier or venue host - which do not in the opinion of our supplier and/or venue host and in our opinion materially affect the quality of the Hospitality Package.
13.1.3. „Major“ Change before departure by us - with the exception of d) these clauses only applies for PTR bookings
A “Major” Change includes (but is not limited to):
(a) a change to a lower standard accommodation/lower official classification for the whole or major part of your holiday,
(b) an increase of more than 8% of the price of your arrangements,
(c) any material change to the Hospitality Package from our supplier(s) or venue host(s) if this package is the main reason you have bought a holiday package from us,
(d) a cancellation of the entire booking,
(e) if the applicable train (or suitable alternative train) is not being available (in the case of carriage by train),
(f) departure date change (in case transfers to/from your holiday destination is included in our holiday package),
A“Major” Changes does not include
(a) any changes to the route and/or stopping points (unless the change amounts to a circumstance within (a) – (e) above,
(b) A change of the accompanying person(s) as a named tour guide is not part of the contract. Should this tour guide not be able to accompany the trip, a substitute determined by us will be used.
(c) a substitution of diesel or electric traction in the case of booked steam haulage journeys,
(d) non-availability of particular dishes, or
(e) substituted excursions (for example because a particular attraction is closed),
If there is a “Major” Change for any reason other than “Force Majeure” (events beyond our control) before your start of your holiday and after we have confirmed your holiday booking we will make every reasonable effort to inform you as soon as we can and offer you the following options:
22.214.171.124. Options for you in case of a “Major” Change before departure by Us
126.96.36.199.1. Options for you in case of a “Major” Change before departure
You will have the choice of either
(a) accept the change of arrangements, or
(b) accept an offer of alternative travel arrangements of equivalent or closely similar standard from us if available, or
(c) cancel your holiday and receiving a full refund of all monies paid (excluding any amendment charges paid by you before our cancellation)
Please note: Within 7 days of our offer you must notify us of your choice. We will contact you again to request notification of your choice if we do not hear from you within 7 days. If you don’t send us the requested notification within another 7 days we will assume that you have chosen to accept the change and not alternative travel arrangements.
188.8.131.52.1.1. Acceptance of alternative Travel Arrangements by You
Should you choose the alternative travel arrangements the Terms and Conditions of your booking will not change and these Terms and Conditions will still apply to your booking.
You must pay the difference if you choose another vacation, which is more expensive, but if it is cheaper, we will make the appropriate refund.
184.108.40.206.2. In all cases, except where the “Major” Change arises due to unavoidable and extraordinary circumstances beyond our control (also called Force Majeure, see clause 16.) we will pay compensation as detailed below (see no. 13.1.4). This standard payment will not affect your statutory or other legal rights.
13.1.4. “Major” Change After the Start of Your Booking by Us
220.127.116.11. “Major” Change After the Start of Your Holiday by Us for PTR Bookings
In the unlikely event that after departure we are unable to provide a significant proportion of the services you have booked, we will
(a) make alternative arrangements for you at no extra charge and
(b) if appropriate pay you compensation.
18.104.22.168. “Major” Change After the Start of Your Booking by Us for Non PTR Bookings
If we are forced by “Force Majeure” as defined in no. 16. to terminate your arrangements after the beginning of your first booked service, we are not responsible for making any refunds unless we obtain any from our suppliers, pay you compensation or meet any costs or expenses you incur as a result. If we receive a refund, we will refund the amount received less a service charge of GBP 20 per person and affected service.
13.1.5. Compensation in case of “Major” Changes by Us - these clauses only applies for bookings which fall PTR bookings
If we make a “Major” Change or cancel less than 85 days before departure, we will pay reasonable compensation. Any compensation payable will be based on how many days before your booked start of your holiday we inform you of a “Major” Change.
Period before the start of your holiday when a major change is notified and compensation payable per person
85 days and more 0
84 - 63 days GBP 20
62 - 42 days GBP 30
41 - 22 days GBP 40
21 – 0 days GBP 50
Our offer of any of the above shall constitute your sole remedy against us in respect of a “Major” Change (including without limitation, cancellation) before the start of your holiday.
13.2. No payment of compensation by Us
We will not pay you compensation where
(a) We cancel as a result of your failure to make full payment on time or
(b) the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you or
(c) we make any change other than a Major Change or
(d) we make a “Major” Change or cancel 85 days or more before the start of your holiday - or
(e) in the event of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (“Force Majeure” as defined in no. 16.) or
(f) it is connected with the matters described in the COVID-19 clause of these Terms & Conditions or
(g) in the event that our suppliers have to cancel your arrangements because the minimum number of people necessary for the arrangements to operate has not been reached. In such events, we will notify you of cancellation for that reason as soon as we get this information from our supplier.
The options for you by alteration or cancellation by us (see no. 22.214.171.124.1.) will not be available in cases of a) - c).
13.3. Cancellation by us
Cancellation by us should not happen and we therefore do everything to avoid this. However, we have to reserve the right to do so. Usually we only cancel as a result of a “Force Majeure ” (see no. 16.) after you have made full payment or a lack of minimum numbers (see no. 1.4) of participants of a group booking required for a particular holiday. Notification of the later will be provided not later than 56 days prior to arrival. However we also reserve the right to cancel under the following clauses:
13.3.1. Cancellation for any reason by Us
We reserve the right in any circumstances to cancel your booking for any reason.
126.96.36.199. For PTR-Bookings
If we are obliged to cancel your booking in any circumstances other than your failure to pay any monies due to us, we will for bookings, which fall under The Travel Package and Linked Travel Arrangements Regulations 2018
(a) offer alternative arrangements of equivalent or very closely similar standard and price, if available or
(b) provide travel arrangements of a lower standard and a refund of the difference in price or
(c) will receive a refund but we will not be liable to pay you any compensation. Please note: We may however deduct our service charge, administration fee and bank charges as described in clause 8.2..
Should you choose the alternative arrangement, offer the Terms and Conditions of your holiday will not change and these Terms and Conditions will still apply to your booking. In all three cases, we will pay you compensation as detailed in no. 13.1.5.
188.8.131.52. For Non PTR-Bookings
If the performance of your booking is significantly affected by unavoidable and extraordinary circumstances (see clause 16.) occurring at your bookings destination or its immediate vicinity your booking will be terminated and you are not entitled to a refund, however we will refund you all money we are able to claim back from our suppliers less our administration fee and bank charges mentioned in clause 8.2. We will not be liable to pay you any compensation.
13.3.2. Cancellation of Events or Opera/Concert performances by others than Us
Should an event such as e. g. Wimbledon or opera/concert or other music performances be cancelled or postponed other than by us (e. g. our suppliers, venue host) we will endeavour to obtain the highest value refund for you. However, you are strongly advised to adequately insure yourself against cancellation or postponement of an event, which forms part of your booking (see also clause 15.2.4.).
13.3.3. Cancellation/Amendments by Us due to unavoidable and extraordinary circumstances (see no. 16) while being on holiday
Such cancellation (or amendment) is most unlikely.
184.108.40.206. For PTR-Bookings
If your booking falls under such circumstances the affected services will be terminated and you will receive a refund for them less our administration fee and bank charges mentioned in clause 8.2. We will not be liable to pay you any compensation or meet any costs or expenses you incur as a result of such cancellation. Please ensure you have adequate travel insurance in place to cover any such eventuality.
220.127.116.11. For Non PTR-Bookings
If your booking falls under such circumstances the affected services will be terminated and you are not entitled to a refund, however we will refund you all money we are able to claim back from our suppliers less our administration fee and bank charges mentioned in clause 8.2. Furthermore we will not be liable to pay you any compensation or meet any costs or expenses you incur as a result of such cancellation. Please ensure you have adequate travel insurance in place to cover any such eventuality.
14. CUSTOMER RESPONSIBILITIES
14.1. Accuracy of personal details
You (lead name on the booking; see no. 1.2.) are responsible for ensuring the accuracy of the personal details or any other information supplied. This includes details in respect of yourself and any other person “travelling” on the booking.
14.2. Checking of details on the Invoice, Booking Confirmation and Travel Documentation
It is important for you to check the details on the Invoice, Booking Confirmation and Travel Documentation as soon as you receive it/them. The names and titles shown on your Booking Confirmation, Invoice, tickets etc. have to match exactly with names and titles as they appear in the passport or identity card of all the people who are travelling. In the event of any discrepancy please contact us immediately as you may e.g. be denied access to a venue such as The Championship in Wimbledon. We cannot accept liability for any inaccuracies that are not brought to our attention within 5 days of issuing your Booking Confirmation/Travel Documentation, nor can we accept responsibility for inaccurate information that you have supplied. In case your booked service(s) start(s) less than 5 days after you have received the Booking Confirmation/Travel Documentation you have to inform us immediately. A minimum amendment charge of GBP 25 per correction will apply in case the correction is a result of inaccurate information supplied by you.
14.3. Passing on of any information
You are responsible for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
14.4. Booking Documents
14.4.1. You and all members of your travelling party must be in possession of a valid travel document before boarding the applicable flight/train/ferry.
14.4.2. Booking documents are only valid for the dates and for use only between the points of departure and destination and by the route or routes shown on the travel document.
14.4.3. Booking documents are not transferable (other than as expressly permitted by these Terms and Conditions).
14.4.4. Booking documents bearing unauthorised alterations are not valid for travel. Booking documents remain our property and if you fail in any material respect to comply with any condition (including but not limited to these Terms and Conditions) governing its use, your booking document(s) may be withdrawn or invalidated by our staff or agents or the staff and agents of our supplier(s) and you may be required to pay the full fare (again).
14.4.5. There may be an administration charge for replacing any lost or damaged booking documents and we will give no credit or refunds for lost, mislaid or destroyed booking documents.
14.5. Arrival on time for transfers
It is your responsibility and of all members of your travelling party to arrive on time for transfers. We cannot accept responsibility for you missing e.g. trains/ferries/coaches as a result of late check-ins and we will not be responsible for any loss or delay to your booked services arising from any failure by you to comply with this section and section 14.7. and no credit or refunds will be given if you fail to take up any component of your booked services. If you miss the train/ferry/coach or are refused boarding, you will be treated as if you had cancelled without notice (and the cancellation charges at (see no. 12. will apply).
14.6. Boarding, Alighting or Changing of trains/ferries
When alighting or changing trains/ferries during your journey you should make sure that:
(a) you board the correct train/ferry;
(b) if appropriate, you travel in the correct part of the train/ferry;
(c) you alight from the train/ferry at the correct destination, including any destination where you need to change onto another train/ferry;
(d) you keep your possessions with you at all times (other than luggage which has been checked–in);
(e) promptly following arrival at any destination, you alight the train/ferry and (if applicable) remove all luggage.
If you require assistance to board/alight a train/ferry, you must please advise us not less than 30 days before the start of your booked service/s so that arrangements can be made. In case your booked service/s start/s less than 30 days after you have received the Booking Confirmation/ Booking Documentation you have to inform us immediately.
14.8. Disabilities and Medical Conditions
14.8.1. If you or any member of your party has any medical condition, disability or reduced mobility or have any special requirements as a result, please provide us with full details before making your booking so we can assess the potential risks to your welfare, health and safety and can advise you in considering the suitability of your chosen arrangements. You must promptly inform us if any medical condition or disability, which may affect your booking develops or worsens after your booking has been confirmed. Reduced mobility 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.
14.8.2. If we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking or the condition/disability develops after booking, we have the right to cancel it and impose applicable cancellation charges (see no. 12.) when we become aware of these details. We highly recommend that you give us full details in writing about any disabilities or medical conditions to avoid any misunderstandings.
14.8.3. If your fitness to travel may be in doubt as a result of recent illness, surgery, injury, medical treatment or an existing medical condition which may require treatment or assistance (including but not limited to additional oxygen, wheelchairs, assistance to use the bathrooms, assistance to get in or out of bed, medication administered via a needle other than well-managed diabetes) you must
(a) provide us with an up-to-date certificate from your doctor no later than 7 days prior to departure certifying that you are fit to travel (in case your holiday starts less than 7 days after you have received the Booking Confirmation/Travel Documentation you have to inform us immediately) and
(b) be accompanied by another person at least when you travel on special trains on UK day or overnight trips who is able to provide you with all the appropriate assistance you may need (the staff of our suppliers cannot provide such assistance).
14.8.4. Our suppliers may refuse to provide the booked service (and no refund or compensation shall be paid to you) if you have not provided the applicable certificate and/or are not accompanied by a suitable person.
14.8.5. Although we will forward any reasonable requests to the relevant supplier, we are sorry but we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Our confirmation that a special request has been noted and forwarded to the supplier on your booking confirmation/invoice or any other documentation is neither a guarantee nor a confirmation that the request will be met.
14.9. Property for use
Trolleys and other equipment available for passenger use at airports, railway stations, ports and hotels are not our property and consequently you use such equipment entirely at your own risk.
14.10. Venue Conditions
14.10.1. You are responsible for any member of your party and/or your guests. Therefore you will procure that any member of your party and/or your guests comply with these Terms and Conditions (where relevant) and with any rules, regulations and directions set down by us or our suppliers, the Event organiser and/or the Venue owner including, without limitation, any and all conditions of sale applicable to Tickets/Hospitality Packages.
14.10.2. You shall be responsible for ensuring the good and orderly behaviour of any member of your party and/or your guests whilst at the Venue. You shall ensure that any person behaving in an unruly or abusive manner shall leave the Venue if requested to do so by us, our supplier and/or the authorised staff of the Event organiser or the Venue.
14.10.3. Neither our suppliers nor we accept any responsibility for personal possessions brought into the Venue by you or any member of your party and/or your guests.
14.10.4. You will not resell or pledge or otherwise transfer or charge by way of security for any indebtedness any part of a Hospitality Package.
14.10.5. You will not use any or part of a Hospitality Package (including, for the avoidance of doubt, any Tickets) as prizes in competitions, sweepstakes, raffles, draws or for other similar commercial, promotional or charitable purposes without our and/or our suppliers prior written consent.
14.10.6. You will not display any signage, promotional material or other such items anywhere at the Venue without our and/or our suppliers prior written consent.
14.11. Personal items/Lose of any personal items
We strongly recommend that valuables (for security reasons) should be kept to a minimum and packed in your hand luggage along with e.g. your medicine. We like to remind you that it is your responsibility to look after your property at all times and to ensure you are adequately covered by comprehensive insurance (see clause no.15.3.4). If you lose any personal items whilst on your trip please obtain a written report from the police, which will help you with any insurance claim upon your return.
14.12. Dress code
Some of our suppliers are expecting that you and all members of your party will be appropriately dressed (as advised in our arrangement description and/or booking proposal and/or Booking Confirmation and/or Booking Documentation). We, our supplier and/or Venue Host therefore reserve the right to refuse admission to any person wearing inappropriate items of clothing and/or footwear or to require any such person to leave the Venue. Specific advice in relation to dress code will be described in our arrangement description or/and in the booking proposal and/or in the Booking Confirmation and/or Booking documentation sent to you.
You must behave in a reasonable and responsible manner to other people that you meet in the course of your travel arrangements. So if in our reasonable opinion or that of e. g. any hotel staff, tour guide, chauffeur, supplier of services or other person in authority, your behaviour (or any articles carried by you) is
- causing danger or damage to property or
- persistently affecting the enjoyment of others or
- that you are suffering from a contagious disease, or
- you cause a delay or diversion to transportation or
- you violet any applicable law or regulation
we or the applicable supplier reserve the right to terminate your booking immediately. In the event of such termination our liability to you will cease and you may without prior notice be refused boarding or be required to leave e. g. the ferry, train, accommodation, event venue or other service immediately which forms part of your booking with us. We (and the supplier or Carrier in question) will have no further obligations to you. In any of these circumstances no refunds or compensation will be paid to you and you may also be required to pay for loss and/or damage caused by your actions and we will hold each member of your party jointly and individually liable for any damage or losses caused by you. Such payments may have to be paid locally. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Criminal proceedings may also be instigated.
14.14. Inherent risks in some activities
Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
14.15. Prerequisite for claims against Us
It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
14.16. Refuse to accept you as a Customer
We also reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive and/or, threatening and/or abusive towards us or any other person on the telephone, in writing or in person or we believe it causes unnecessary inconvenience.
15. OUR WARRANTIES & LIABILITIES
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in clause no. 18. of these Terms and Conditions. Please note: It is also a condition of booking with us that you acknowledge that neither we nor the individual service providers of the booked services accept liability for any virus infections, contagious diseases and resulting damage, e.g. COVID-19 and/or mutation of the virus.
15.1. General Warranties from Us
15.1.1. We will arrange for you to receive the services that make up the services that you choose and that we confirm using reasonable skill and care. The services included in your booking will be provided either directly by us or in most circumstances through independent suppliers. The contractual conditions of the companies/individuals providing the travel services form part of your booking. Our liability is limited in accordance with and/or identical to the contractual conditions of the companies/individuals providing the services that make up your booked service(s).
If we, our employees,, suppliers or their employees fail to perform your booked servise/s using reasonable skill and care, taking into consideration all relevant factors (for example following the complaints procedure as described in these Terms and Conditions and the extent to which we, our employees,, suppliers or their employees acts or omissions affected the overall enjoyment of your booking), we will (subject to these Terms and Conditions) pay you reasonable compensation, unless this is due to reasons beyond our control (see no. 16. “Force Majeure – events out of our control”).
We won’t be liable at all if we only act as an agent for another tour operator/tour organising company. In such circumstances these other tour operator/tour organising companies and their employees and suppliers will be responsible if they fail to perform your arrangements if they are not using reasonable skill and care and we will not be responsible for paying any compensation.
15.1.2. The services and facilities included in your booking will be deemed to have been provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.
We have taken all reasonable care to make sure that all the services which make up your booking are provided by reputable businesses and that the descriptions, information and opinions given on our websites in respect of our suppliers whose services are used are given in good faith, based on the latest information available at the time of publication.
15.1.3. Approximately 14 – 10 days prior to the departure we will email the booking documents (e. g. e-tickets, accommodation voucher, transfer voucher) to the Lead Booking Name. However they will not be released until we have received full payment. Please note that we reserve the right not to email or send you any valuable tickets (e. g. opera/sport tickets or tickets within hospitality packages) via post but to deliver them personally or deposit them at your accommodation or at the venue of the event. We will inform you in your booking documentation accordingly. With regards to risk of tickets see 4.3.
15.2. Our liability for Events/Hospitality-/Opera-/Concert Tickets
15.2.1. Control over the Event or the Venue
Neither our suppliers nor we (if the service has not been purchased directly from the Event-Organisation) have control over the running of Events (e. g. The Championship in Wimbledon or the Royal Opera House) or the Venue and therefore neither we nor our supplier (if the service has not been purchased directly from the Event-Organisation) give warranty and make representation that the Event shall take place.
a) If an Event is cancelled or rescheduled we will inform you as soon as we become aware of such change. However we can’t guarantee that you will be informed of such cancellation before the date of the Event. We like to point out that it therefore lies in your responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event.
b) For football matches, no guarantees can be given that the Event will take place at a particular time or on a particular date and the Venue and/or the Promoter reserve the right to reschedule any such Event without notice and without any liability whatsoever. The details given on football tickets are indicative only and it is your responsibility to check the final arrangements for any matches for which you have tickets, including the date and kick-off time of any such Event.
15.2.2. Acts or omissions on the part of persons organising the Event or operating the Venue
We accept no liability for any acts or omissions on the part of persons organising the Event or operating the Venue or their servants, agents, employees or subcontractors and make no representation that any individual artist, performer, player or participant shall appear at the Event or the Event-location. All given information on individual artist, performer, player or participant and Event-location etc. is therefore not binding and individual artist, performer, player or participant and Event-location changes are therefore expressly reserved. This also includes the right of persons organising the Event or operating the Venue of time and schedule changes as well. Subject to no. 15.2.3. and 15.2.4. we and our supplier shall not be liable to give any refund in the event of the Event being cancelled or postponed.
15.2.3. Validity of tickets in case of postponed Event or Venue
The validity of your tickets depends whether your booking falls under PTR rules or not.
18.104.22.168. Validity of tickets in case of postponed Event or Venue for PTR bookings
The validity depends whether the postponement is a Major or Minor change as described in clause 13.1.3.
22.214.171.124. Validity of tickets in case of postponed Event or Venue for Non PTR bookings
If for any reason the Event is postponed, your booking for that Event will be valid for the rescheduled Event.
15.2.4. Refunds in case of postponed, cancelled or abandoned Event or Venue
126.96.36.199. For PTR bookings
If refunds will be made depends on whether it is a Major or Minor change as described in clause 13.1.3.
188.8.131.52. For non PTR bookings
If for any reason outside our or our suppliers control (including, without limitation, due to the circumstances set out in no.16.) the Event is cancelled or abandoned (whether wholly or in part) any refunds shall be at our suppliers entire discretion and you are advised to take out your own insurance to cover such risks and associated costs. If we receive a refund, we will refund the amount received less a service charge of GBP 20 per person and affected service.
15.2.5. Pricing of tickets and position of seats
You acknowledge that we have no control over the pricing of Tickets and that any description of the position of seats is that of the Event organiser or Venue owner.
15.2.6. Claim in respect of validity of Hospitality Tickets
Where any valid claim in respect of the Hospitality Package is based on the validity of the Tickets is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace such Tickets free of charge or, at our sole discretion, refund to you the Price of the Hospitality Package (or a proportionate part of the Price), but we shall have no further liability to you.
15.3. Our liability
15.3.1. General statement about limitation of liability
We will only accept any liability if your booked holiday package proves to be deficient or you suffer illness, personal injury or death as a result of the failure of ourselves, our employees, our suppliers and their employees to use reasonable skill and care in making, performing or providing the booked holiday package. If you wish to make a claim against us, it is your responsibility to show that reasonable care and skill has not been used. As mentioned under 15.1.1. our liability is limited in accordance with and/or identical to the contractual conditions of the companies/individuals providing the services that make up your booked service. The contractual conditions of the companies/individuals providing the travel services form part of your booking.
184.108.40.206. Except as specifically set out in these Terms and Conditions we will not accept any further or different liability than the companies/individuals providing the travel services have accepted in their Terms and Conditions and any applicable International Conventions (see below) enforced upon us. To the extent permitted by law, we shall not be liable for
(a) missed connections or
(b) any loss or damage caused to you and/or your luggage by the cancellation, non-arrival, lateness, delay or change to your trip or any other service or
(c) for any loss or damage consequential upon such cancellation, non-arrival, lateness or delay.
(d) services or facilities which do not form part of our agreement and which you book on your own either before travelling or while at your holiday destination.
(e) actions our employees and suppliers and/or their employees and/or sub-contractor(s) do or not do if they were at the time of the action not acting within the course of their employment for us or carrying out an action by a supplier and/or their employees and/or sub-contractor(s) which we haven’t asked them to do.
(f) any viral infections, any contagious diseases and any damage arising from them.
220.127.116.11. Information given by You
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to issuing our Booking Confirmation, we could not have foreseen you would suffer or incur if we breached our contract with you (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or incur any business losses).
18.104.22.168. Expenses or losses and damages by You
We are not responsible for meeting any expenses or losses you may incur as a result of change or cancellation. Please note: where services with a higher price than the original services contracted for are offered by us and accepted by you, the difference in price will be deducted from any compensation payable to you.
Notwithstanding anything to the contrary contained in the Factsheet or our Terms and Conditions, we shall not be liable to you for any indirect or consequential loss or damage (including, without limitation, loss of revenue, loss of profits or loss of anticipated savings) arising out of or in connection with the performance or any breach of the Contract and the maximum liability of us to you in aggregate for any and all claims made against us in contract, tort or otherwise under or in connection with the subject matter of the Contract shall not exceed the total price paid for the services by you to us in respect of the Contract.
15.3.2. Liability in case of different circumstances
Our liability to compensate you and the amount of such compensation is subject to the following limitations.
Our liability will be limited in accordance with the contractual terms and conditions from the supplier(s), which provide the arranged services of your booked arrangement as these terms are incorporated into your booking. Please note that some of these conditions (e. g. from such as accommodation or transport providers) may limit or remove the supplier’s liability to you. You can get copies of such conditions from us or the office of the relevant supplier if you request them.
22.214.171.124. Liability in case of claims other than death, illness or personal injury
In the case of claims other than death, illness, personal injury or a lower limitation of liability applies to your claim, compensation - if we are found liable - is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your e.g. vacation can be said to have been affected. The maximum amount we will have to pay in respect of these claims is the price paid to us by or on behalf of the person affected for the booking less any amendment charges. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. Where enjoyment has affected not the whole but only part of the booking we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected.
126.96.36.199. Liability in case of illness, personal injury or death as a direct result of the holiday arrangements booked with Us
We don’t accept liability if you or any member of your party suffers illness, personal injury or death as a direct result of these arrangements failing to be as described and of a reasonable standard
- if there has been no fault on our and/or our employees part or on the part of our suppliers, their employees and/or sub-contractor(s) and their employees but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party or by circumstances which neither we and/or our employees nor our suppliers and/or their employees and/or their sub-contractor(s) and/or their employees could have anticipated or avoided even exercising all due care under unavoidable and extraordinary circumstances (situation beyond our control), where the consequences could not have been avoided even if all reasonable measures had been taken (see 'force majeure' as defined in 16. and also clause COVID-19 AND THE NEW NORMAL of these Terms & Conditions).
- your booking do not fall under The Package Travel and Linked Travel Arrangements Regulations 2018.
188.8.131.52. Liability in case of illness, personal injury or death from an activity, which is not part of the services booked with us
If you suffer illness, personal injury or death from an activity, which is not part of the services we have arranged for you, we will not be liable to pay you any compensation. However if you are in difficulty and ask us for help we will offer assistance where appropriate and in our sole discretion, we will try to help if we can. This assistance will consist mainly of providing, where appropriate, information on aspects such as health services, local authorities and consular assistance, as well as help, for instance with regard to distance communication and alternative travel arrangements.
184.108.40.206. Limitation of Liability under International Conventions
Please note: The maximum amount of compensation we will have to pay you will be limited where any claim or part of a claim is based on any travel arrangements provided by any air, sea, rail or road carrier or any stay in a hotel. This also includes claims relating to the process of getting on/off the transport concerned. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention which include
- The Warsaw/Montreal Convention (international travel by air);
- The Athens Convention (with respect to sea travel); Regulation (EC) No 1371/2007 of the European Parliament and
- of the Council on Rail Passengers’ Rights and Obligations incorporating the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail and The Berne Convention 1961(with respect to rail travel),
- The Geneva Convention 1973 (with respect to carriage by road) and
- The Paris Convention (with respect to hotel arrangements).
In addition, you agree that any applicable operating Carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation or accommodation for you, we rely on the terms and conditions contained within these International Conventions. You acknowledge that all of the terms and conditions contained in those Conventions form part of your contract with us, as well as with the supplier(s) involved.
We are not obliged to make a payment to you for a claim or part of a claim where a carrier or hotel 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. If you have received any payment or are entitled to receive any payment from the transport provider or accommodation supplier for the claim in question we are entitled to deduct any money which you have received or will receive from the transport provider or accommodation supplier when making any payment.
220.127.116.11 No liability in respect of any flight cancellation, delay or downgrading
Flights do not form part of our travel arrangements for you and therefore the fact that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements and 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 is covered by the airline's obligations under the Denied Boarding Regulations ( EC Regulation No 261/2004 - the Denied Boarding Regulations 2004). You must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements and Reimbursement in such cases will not entitle you to a refund of your booking cost from us.
15.3.3. Operational decisions by carriers and airports
Operational decisions may be taken by carriers and (air)ports resulting in delays, diversions or rescheduling. We have no control over such decisions, and are therefore unable to accept responsibility for them.
15.3.4. Loss or damage to luggage and/or personal possessions
You should have adequate travel insurance for your booking and should claim via your insurance company and/or our supplier for any loss or damage to luggage and/or personal possessions.
15.4. Claiming liability procedure
15.4.1. You must tell us and the supplier involved about your injury or illness while you are at your destination. In order to allow us to investigate it properly you have to write to us about your claim within three months of the end of your booked services. Furthermore you have to cooperate with us so as to enable us to carry out such an investigation. Please include a letter about your injury or illness from your doctor.
15.4.2. If we or our insurers make any payment to you or any member of your party (and their parent or legal guardian if under 18 years) for death, personal injury or illness, you must cooperate fully with us in seeking recovery of any payment (plus any legal or other costs) we or our insurers make if we or our insurers want to enforce those rights.
15.4.3. You must also assign to us or our insurers any rights you have against the suppliers in order to enable them to pursue any third party.
16. FORCE MAJEURE – EVENTS OUT OF OUR CONTROL / UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
This refers to any event which neither we nor the supplier(s) of the service(s) in question could, even with all due care, foresee or avoid. These events can include, but are not limited to:
Any Act of God, explosion, epidemics and pandemics, health risks and pandemics, flood, tempest, fire or accident; war or threat of war; terrorist activity or threat of terrorism and its consequences; riot, sabotage, insurrection, civil disturbance or requisition; natural, nuclear or industrial disaster; closed or congested airports/ports/train stations; fire, chemical or biological disaster; adverse weather, sea, air, ice and river conditions, flooding; unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or other national or local authority including airport, port, river or train station authorities; import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes; power failure or postponement or cancellation of the Event(s) and all similar events outside of our control or the supplier(s) concerned control.
Please note: Whether unavoidable and extraordinary circumstances exist, depend on the particular situation. An official travel warning from national authorities can be an important indicator of unavoidable and extraordinary circumstances, however a travel warning itself has no direct legal consequences.
16.1. Cancellation For PTR-bookings
16.1.1. Before the start of the holiday
If you intend to cancel see clause 10.3.2.5. and clause 12.2. and if we cancel see 18.104.22.168.
16.1.2. While on holiday
If you intend to cancel see clause 10.3.3. and clause 12.2. and if we cancel see 22.214.171.124.
16.2. Cancellation for non PTR-bookings
If you cancel see clause 10.4. and clause 12.3. and if we cancel see clause 126.96.36.199.
You shall indemnify us or our suppliers in full against and hold us or our suppliers harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by us or our suppliers as a result of or in connection with any and all acts or omissions of you and/or any member of your party, yours guests, employees, agents or subcontractors including but not limited to acts or omissions at e. g. airplanes, trains, ferries, cars, accommodation, at Events and damage caused to a Venue, properties of others. In general: These charges must be met by you and may have to be paid locally. In case we agree to the invoice of our supplier for such charges on your behalf you agree to compensate us for this payment within 30 days after receiving a copy of our supplier's invoice from us with an additional fee of GBP 50 per person.
18. COMPLAINTS PROCEDURE
Whilst we make every effort to ensure that your booked service(s) run(s) smoothly, there may be occasions when things do not go as planned.
18.1. Immediately information by you
If you have a problem during your booked service(s), you have to inform the relevant accommodation, Chauffeur-Service provider or other supplier immediately so that they can endeavour to put things right. If they cannot resolve the problem, you must contact us immediately by telephone or email so that we are given an opportunity to help (in case if you suffer any loss or damage to your luggage you have to inform the relevant Carrier immediately). We will not hold ourselves responsible for the non-performance of an itinerary through causes beyond our control or when we are not notified of a problem at the point when remedial action can be taken. Therefore failure to do this and report any issues immediately to us will invalidate any claims made upon your return as you never provided us the opportunity at the time to help you and resolve your issue.
18.2. Complaint cannot be resolved at the time of notice
In the unlikely event that a complaint cannot be resolved in a reasonable time, you should write to us (CARUS Travel Ltd., 2 South Pines, 2a Brownsea Road, Poole, BH13 7QP, UK) within 28 days of returning home. Please provide us in your written complain with
- your original invoice number and
- outlining in full the reason for your complaint or dissatisfaction and
- include your daytime and evening telephone numbers.
18.3. Failure by you of any of these steps
If you fail to take any of these steps this will hinder our ability to put any problem right and/or investigate it fully and any right you may have to receive compensation will be reduced or completely invalidated. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return.
18.4. Arbitration scheme for PTR bookings
In the event of a breakdown of communication or a serious disagreement between you and us the Travel Trust Association can act as an independent intermediary.
All complaints are dealt with in writing. Should you feel the need to make a complaint about us, please detail the matter in writing and post it to:
Travel Trust Association, Albion House , High Street , Woking, Surrey, GU21 6BD
Please enclose copies of any previous correspondence that you may have had with us and any paperwork that is at all relevant e.g. receipts, invoices, etc. Upon receipt the Travel Trust Association will act as an independent intermediary in your grievance with us and shall liaise between both parties. Should the response that you receive from us not be satisfactory, the Travel Trust Association can then offer you an arbitration service. The arbitration service is administered and managed independently from the Travel Trust Association and the Travel Trust Association member.
18.5. Please note that the measures set out in clause COVID-19 AND THE NEW NORMAL are those required to manage the risks of COVID-19 as part of a normal safety management system. By making a booking with us, you agree that their existence shall not be considered as any form of Failure.
19. METHODS OF PAYMENTS
Your invoice can be settled by way of bank transfer or using a Credit Card. In case you pay the deposit and/or balance of the invoice, amendment or cancellation charges by credit card please note that a service charge may be levied if you use a Commercial/Business Credit Card. We will advise you at the time of booking in case such charges may apply.
In case you instruct your credit card company to charge back any payments due we reserve the right to charge an additional fee of GBP 20. Please note that we have under such circumstances the right to take legal actions for all outstanding payments. We also reserve the right to cancel your booking.
All payments must be identifiable by the passenger’s name and invoice number.
Any and all bank charges associated with making payment have to be borne entirely by you.
Our obligations under the terms of this agreement do not come into effect until funds have been cleared through our bank.
Details regarding payments are mentioned in the proposal as well as in the invoice and/or booking confirmation.
20. GOVERNING LAW AND PLACE OF JURISDICTION
Your contract with us and any non-contractual rights and obligations relating to your booking and any agreement to which they apply is governed by and construed in accordance with the laws of the United Kingdom. You and we both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your booking will be dealt with by the Courts of England and Wales only, unless you wish to submit the claim through a process of arbitration for PTR-booking as detailed under the complaints section.
Please note: If you live in Scotland or Northern Ireland 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. However, if you do not choose, English law will apply.
Please note: This paragraphs also applies to lawsuits on our part against customers who have booked a travel contract with us as well as business partners who are legal entities under public or private law who have their domicile or usual place of residence abroad or whose domicile or usual place of residence is unknown at the time the lawsuit is filed.
In the event of any inconsistency between these Conditions and any applicable third party conditions and/or International Conventions etc. these Conditions shall, to the extent permitted by law, prevail.
If any part of these Booking Conditions is held to be invalid, unreasonable or unenforceable, such portion(s) shall be deemed as severable from these Booking Conditions and the remainder of these Booking Conditions shall remain in full force and effect and enforceable
21. STATUTORY RIGHTS
These Terms and Conditions do not affect your statutory rights.
CARUS Travel Ltd. October 2022