The following booking conditions together with the general information contained in our promotional material form the basis of your contract with Peter Sommer Travels Limited, registered office Hendford Manor, Hendford, Yeovil, Somerset, United Kingdom, BA20 1UN, company number 10851532. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Peter Sommer Travels Limited. References to “departure” are to the start date of the arrangements we have contracted to provide.
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.
Therefore, you will benefit from all EU rights applying to the packages. Peter Sommer Travels Limited will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Peter Sommer Travels Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 is provided in these booking conditions at clause 27 on key rights.
The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
1. Making your booking
To make a booking, the first named person on the booking (“lead booker”) must complete and submit a booking request. The lead booker must be at least 18 when the booking is made. This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making the booking request, the lead booker confirms that he or she is so authorised.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a deposit receipt. Please check the deposit receipt carefully as soon as you receive it. Contact us immediately if any information which appears on the deposit receipt or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to firstname.lastname@example.org
A deposit is required in order to confirm your chosen holiday. The lead booker is responsible for making all payments due to us. You will be informed of the deposit amount and payment schedule required at the time of booking, but the balance of the cost must be paid at least 10 weeks before the scheduled start of your tour. If booking 10 weeks or less from the scheduled start, payment must be made in full. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown below depending on the date we reasonably treat your booking as cancelled.
3. Contract and legal
A binding contract between us comes into existence when we despatch our deposit receipt to the lead booker.
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below).
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see clause 17) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The costs of your holiday
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to increase or decrease the prices of unsold holidays at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. Pandemics and the measures taken by governments, public authorities and businesses to manage their effects (such as social distancing) are likely to have a significant effect on the price of holiday arrangements. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
5. Special requests and medical conditions/disabilities/reduced mobility
If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you.
It is your responsibility to inform us of any and all special dietary requirements that you may have. In particular, we must be informed in advance of any and all food intolerances or allergies. We will make every attempt to ensure that the meals served on our tours contain elements that comply with your dietary requirements, but this may not always be possible. As many of our tours are Maritime Voyage holidays, it will often not be possible to source alternative foods for you from day 1 of the tour, and you should therefore ensure that you have a suitable stock of alternative products with you. Please contact us for further information about the kind of foods served on our various tours.
Our holidays by their very nature may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Your physical fitness should be of a level that will allow you to get the most from the chosen tour. Our tours by their very nature involve a significant amount of walking as well as scrambling over rough terrain on archaeological sites (which are frequently rugged and with loose rocks underfoot), often in hot and humid climatic conditions, this can make them difficult to negotiate and physically tiring. If you are not comfortable with such routine exercise, or would accomplish it only with great effort or at a slow pace, then these tours may not be suitable for you. It is the responsibility of the individual tour members to decide whether they are medically fit and able to undertake one of our tours. If you have any reservations regarding your fitness for a trip please contact us for further advice. Under no circumstances should you travel if your doctor has advised you against it, or would advise you against it if consulted. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
Once on the tour, it is up to us to determine if your level of fitness is sufficient to tackle the challenges presented by each day’s activities. Bookings are accepted on the understanding that they appreciate the possible risk inherent in such cultural travel and that they undertake our tours, walks or cruises on that basis. It should also be noted that as we travel very often to remote destinations, the general levels of comfort and services may be lower than would be found in the UK.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
6. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about transport, accommodation, activities and excursions which relate to or are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.
We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 22 will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to by us which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
7. Passports, visas and health requirements
The passport and visa requirements applicable to the holidays we offer are shown within the details of the relevant tour on our website. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking, in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure). You must also keep up to date with this information while you are away. A British passport would usually take approximately 3 to 6 weeks to obtain but it is currently (October 2020) taking much longer. If any member of your party (who is a British citizen) is 16 or over and hasn’t got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport.
If any person on the booking is not a British citizen or holds a non-British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country or countries to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
Details of any compulsory health requirements applicable to your holiday are within the details of the relevant tour on our website. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related measures in good time before departure. You must also keep up to date with the latest information. Details should be available from your General Practitioners surgery and for British citizens from the National Travel Health Network and Centre https://nathnac.net/ Information for British citizens on health abroad is also available on https://www.nhs.uk/Livewell/Travelhealth
If you or any member of your party lives outside the UK, you must check what vaccinations, health precautions and other health related measures are recommended or required in your country of residence for travel to the destination country and to any countries through which you may transit or stop off.
Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points. In certain situations, and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 12.
8. Foreign Office Advice
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information relevant to your holiday on its website https://www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date UK border control measures are available at https://www.gov.uk/uk-border-control
We consider adequate travel insurance to be essential. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
Please be aware that any advice against non-essential international travel issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.
10. Changes by you
Should you wish to make any changes to your confirmed tour or holiday arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £75 per person will be payable together with any costs or charges incurred or imposed by any of our suppliers.
A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
As certain arrangements cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service.
11. Transferring bookings
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £75, must be paid before the transfer can be effected.
12. Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 11 above. Should you or any member of your party need to cancel your holiday once it has been confirmed, the lead booker must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, we will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
• More than 70 days before departure: Deposit only
• 69-37 days prior to departure: 50% of the total cost
• 36-22 days prior to departure: 75% of the total cost
• 21 days or less prior to departure: 100% of the total cost
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. This may mean, for example, that the individual price per person increases if the total number of persons travelling on your booking decreases. As set out above the lead booker is responsible for making all payments due to us and we will only make any payments due to you in respect of your booking to the lead booker even if you paid us directly.
We will not make any refunds in respect of any unused element of your holiday, including but not restricted to, accommodation, tours or transfers.
13. Changes and cancellation by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 13. Most changes will be insignificant, and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 5. Where we have to do so, clauses 13(4) and 13(5) will apply.
(2) All alterations which are not significant in accordance with clause 13(1) will be treated as insignificant changes. A change of accommodation or tour to another of a similar standard and with similar facilities will also be treated as insignificant changes. Please bear in mind that pandemics and the measures and other actions taken by governments, public authorities and businesses to manage their effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitisation and temperature checks) are likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / actions have on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(3) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 8 weeks before departure.
(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(5) If you choose to cancel your booking in accordance with clause 13(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 14).
(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 14) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 13(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 13(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 12 will apply.
(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 13(6) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country or countries where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.
(8) In the event that unavoidable and extraordinary circumstances (see clause 14) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 13(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
14. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
15. Accuracy of promotional materials
All of the information contained in our promotional materials has been provided in good faith and is considered to be correct to the best of our knowledge at the time of publication. However, occasional errors may occur, and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.
In the unlikely event you have reason to complain, or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must inform our tour leader or local representative and the supplier of the service(s) in question immediately who will do all possible to resolve the matter on location. If something does go wrong, we will do our best to put it right. We strive to ensure you are satisfied with our services.
However, if our tour leader or local representative are unable to help and the problem is not resolved to your satisfaction by the supplier, you must contact us in the UK, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must give details in writing to our local representative and the supplier concerned at the time and write to us giving full details of your complaint within 28 days after the completion of the tour. Failure to take these steps may hinder our ability to resolve the problem and/or investigate it fully and in consequence, your rights under the contract may be affected. We regret we cannot accept liability if you fail to notify the complaint or claim strictly in accordance with this clause.
Disputes arising out of, or in connection with, any holiday booking made with us which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA and administered independently. This is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit for claims is £5,000 per person and £25,000 per booking. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to mediation. Further information on the code and ABTA’s assistance in resolving disputes can be found on https://www.abta.com/
18. Client conduct
You accept responsibility for the proper conduct of yourself and any or all other members of your group. You agree to accept the authority and decisions of our employees, trip leaders and agents whilst on trip with us. If in the opinion of any such person(s) or any other person in a position of authority, your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip. We reserve the right in our reasonable discretion to terminate your holiday or that of any member of your group whose conduct is considered to be disruptive or detrimental to the enjoyment of other guests, or whose conduct may prejudice our reputation. In this case we shall have no further responsibility or liability to you. No refund or payment of any costs incurred by you will be made by us under these circumstances.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
20. Safety aboard boats
Your booking is accepted on the understanding that you realize the potential hazards involved in Maritime Voyage holidays, particularly in consideration of cruising and staying on board an operating boat. Children (and all persons under 18 years) should be supervised at all times by Parents or Guardians. This is not the responsibility of crew members or the tour guide/tour manager.
21. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may [sometimes/often] be lower.
22. Our liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
– the act(s) and/or omission(s) of the person(s) affected; or
– the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable; or
– unavoidable and extraordinary circumstances as defined in clause 14 above.
(3) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities or excursions which a hotel or any other supplier or any of our local contacts agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. For any additional excursion, activity or tour you book whilst on holiday, your contract will be with the operator of the excursion, activity or tour and not with us. We are not responsible for the provision of the excursion, activity or tour or for anything that happens during the course of its provision by the operator. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 22(1) above. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 22(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 22(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 22(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the EC Regulation F392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7)Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or which (2) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses which relate to a business (including self-employed loss of earnings).
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 16 “Complaints” above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we our insurers want to enforce any rights which are transferred.
23. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 22 (6) above). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
24. Financial Protection
We are a member of ABTA (ABTA number Y6151). We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
We provide full financial protection for our package holidays, by way of a bond held by ABTA.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice
You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
For further information about ABTA, financial protection, the code of conduct and the arbitration scheme (see clause 17), contact ABTA at 30 Park Street, London, SE1 9EQ tel 020 7637 2444 or see https://www.abta.com/
25. Flights and transfers
We have no connection with any airline and suggest making reservations directly with the airline, online or with a flight specialist.
Airport transfers on the first and last day of the scheduled tour are included in the cost of your booking. If you are arriving or leaving on different days, you will need to make your own arrangements regarding transfer to or from arrival and departure airports. If you arrive late, we will do our best to enable you to join the tour at a convenient time and place but cannot make any guarantees that you will be able to.
26. Data Protection