Booking Conditions
These matters are all very important. Please read and ensure that you understand them as they form the basis of your contract with us. If you have any questions in relation to these conditions, please ask us before you book.
General
- These conditions apply to all tour packages and tailor-made itineraries (referred to in these booking conditions as 'journey' or 'journeys') provided by China Journeys Limited (referred to as 'the company', 'we' and 'us'), registered in England with number 07014791, trading as China Journeys. References to 'you' and 'your' are to all persons named on a booking (including anyone who is added or substituted at a later stage) or any of them, as the context requires. References to 'start date' means the start date of your journey.
- The travel services included with any one journey (hereinafter referred to as 'journey description') are those described on the relevant website page, which may be amended from time to time, or confirmed to you in writing prior to you making your booking in the case of tailor-made itineraries . The package comes complete. We do not offer refunds for individual service components that you choose not to use.
- Our journeys are sold as all-inclusive. That means that the services outlined in the journey description are all covered by the cost shown in the Dates and Prices section. There are no payments due to us or any third party later in China for any of the services included in the journey description.
- We reserve the right to use any image or likeness of you taken on any of our journeys for bona fide promotional or marketing purposes in any form of media without charge.
Your Financial Protection
- We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 10236). When you buy an ATOL protected air holiday package you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our ATOL.
- In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
- The air inclusive holidays we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK.
- Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
- In addition, we have arranged Tour Operator's insurance with ETI - International Travel Protection and Allianz. This insurance means your money will be refunded or you will be transported to the end point of your journey if already abroad in the unlikely event of our being unable to provide your journey due to our insolvency.
Data Protection Policy
- We need to collect certain personal information from you in order to make your booking and the necessary arrangements for your journey. In doing so we must pass certain information to third parties. This information may include sensitive personal data such as that relating to any disability or medical condition or any special requirements such as dietary restrictions which may reveal your religious beliefs. We will only pass on such information as is necessary in order to provide your journey and will take reasonable precautions to ensure that this data remains secure.
- These third parties may also pass these details on to their service providers.
- When you make this booking you consent to this information being passed in this way.
- We will supply a copy of your information held by us, and correct any errors, upon request. We may charge a small fee where appropriate.
- Further details of our data protection policy can be found in our Privacy Policy.
Information Provided By Us
- All information on our website is based upon information provided to us by our service providers in good faith.
- Whilst we proof read the contents of our website and promotional literature to ensure that details are correct when published, we cannot be held liable for errors in prices, dates or other details of our journeys. Changes may also occur after publication. Accordingly, please ensure you check all details of your journey at the time of booking.
- We cannot guarantee that services will be exactly as represented on our website or other promotional material. However, we take great care in ensuring that they are at least comparable in all material respects.
- Errors or omissions will be corrected as soon as they are noted.
- Where corrections or changes have a significant impact on your confirmed booking we will email you and let you know of the change.
- We do not accept any liability for representations made by travel agents or other suppliers which do not appear on our website, in our promotional literature or are not otherwise confirmed by us in writing.
Making A Booking
- When you make a booking, all persons named on the booking and China Journeys Limited enter into a contract based on these booking conditions. This contract will come into existence when we e-mail our confirmation of your booking to you as set out below.
- The person making the booking (the primary contact) warrants that he has full authority to do so on behalf of all persons named and that all persons named on the booking have read and accept the booking conditions and the details contained in the journey description (as may be amended from time to time). The primary contact must be at least 18 when the booking is made.
- To make a booking we require payment of a deposit. This is due at the time of submission of the booking details. The deposit is required on a per person basis and is non-refundable except where otherwise expressly stated in these booking conditions.
- Subject to the availability of your chosen services, we will confirm your booking by e-mailing a confirmation to the primary contact. This will include any special requirements requested by you (see below) in addition to our standard product.
- The balance of the total cost for your journey including any supplements that apply (Single Supplement or Solo Traveller Supplement) payment for any additional services and any surcharge must be received by us not less than 60 days before the first day of your journey. We will send an invoice for this amount 14 days before this balance due date.
- Failure to pay the balance by the due date will result in cancellation of the booking and loss of the deposit.
- For bookings made within 60 days of the first day of the journey the full total cost is due at the time of booking.
- We do not appoint travel agents or other third parties to sell our journeys. Any payments you make to such parties will be held by them at your risk and will not be our responsibility until actually received by us.
Special Requirements
- Except for tailor made itineraries , our journeys are a standard product and are as described on our website.
- Should you have special requirements not covered in the journey description then you may request these in notes on your Booking Form. We will consider these and, if appropriate, accept them as additional services which form part of our contract or alternatively, agree to pass them on to relevant suppliers as a non guaranteed special request. We reserve the right to charge for any additional services. If a charge is required, we will offer you a price and the chance to accept this before we confirm your booking. If you do not then wish to proceed, we will refund any monies paid.
- If we cannot agree to accept your special requirements as a term of our contract (because, for example, we are not in a position to confirm they will be met), we may offer to pass them on as a non contractual special request. All special requirements which we accept without additional payment to us will be treated as non contractual special requests unless we confirm in writing that the special requirement will be met. Special requests are subject to availability and are not guaranteed. If met, additional payment may be due to the relevant supplier.
- If we cannot accept your special requirements for any reason, we will notify you accordingly and if you do not then wish to proceed with your booking, we will refund any monies paid.
- We are not obliged to accept any special requirement notified to us after your booking has been confirmed. You will not be entitled to cancel your booking without paying our applicable cancellation charges if we cannot accept any such special requirement or you do not wish to pay any charge applicable to meeting it.
- For example, from time to time we get requests from people with sleep apnoea wanting to know if we can guarantee an electricity supply throughout a journey. Since we cannot (especially on trains and cruise boats) we recommend that these people reconsider their plans if an interruption to the electricity supply could prove life-threatening.
- Please also see 'Illness, Disability and Medical Conditions' below.
Changing The Services Included On A Booking
- You may request a change to your booking before the start date with an email from the primary contact (from the email address we have recorded).
- We will make every reasonable effort to accommodate the changes requested but cannot guarantee availability.
- A fee of £50 per booking will generally be charged to cover administration costs where we can accept a change. In addition, you will have to pay any costs or charges incurred or imposed by the suppliers concerned in making the change.
- Extra services listed on our website can be added to your booking more than 30 days before the journey starts without payment of an administration charge.
- Please see 'Cancellation and Changes by us' for situations where we have to change your booking.
Transferring A Booking To Another Person
- If any person is prevented from travelling, for whatever reason, they may transfer their booking to another person (introduced by you) up to 30 days before the start date provided that person meets the same requirements relating to that journey.
- You may request a transfer within the 30 day period before the start date but must accept all additional costs incurred resulting from travel arrangements that cannot be transferred. This is likely to include flights as airlines do not generally permit name changes after tickets have been issued and other similar costs.
- A transfer fee of £100 per booking per occasion on which a transfer is requested will be charged to cover administration costs together with any costs or charges incurred or imposed by the suppliers concerned in making the transfer.
Cancellation By You
- If you cannot travel on your confirmed journey and give us at least 61 days notice in writing, subject to availability, we will allow you to transfer your booking to:
- another departure of the same journey in the same calendar year without further charge; or
- a departure of the same journey in the following year, paying only any increase in the published price, if any; or
- a departure of a different journey paying or receiving the relevant difference in price
- Only one such transfer will be permitted and no booking can be transferred beyond 18 months after the original start date. All booking details must otherwise remain as originally booked.
- If you cannot or do not wish to transfer your booking then you may cancel your booking entirely by the primary contact giving us notice in writing. The following table outlines the timings that matter and the charges applicable:
| Period of notice* | Cancellation charge** |
| 61 days or more | Forfeit deposit only |
| 60 - 31 days | 50% |
| 30 - 16 days | 75% |
| 15 days or less | 100% |
* - complete days before 18:00 Beijing time on day 1 of your journey
** - as a percentage of the total cost, being journey cost and any supplements or additional services on the same booking but excluding any amendment charges which are non refundable.
Cancellation And Changes By Us
- We try to avoid cancellations but there are a number of reasons that may force us to cancel a journey. Similarly, we endeavour to avoid changes but on occasions these are necessary.
- Your Safety: In recent years there have been a number of health scares, natural disasters and incidents that have led to parts of China becoming closed to outsiders. If your itinerary includes an area which we decide is unsafe or which is closed to tourists, we will contact you where possible and describe the situation as we know it. The best way to deal with the situation will have to be decided case by case. Sometimes we may be able to change the itinerary to avoid the affected area. Sometimes the area may re-open before the group is due to reach it.
Please note: Generally we will follow the travel guidance issued by the Foreign and Commonwealth Office (FCO). We reserve the right to declare an area unsafe even before the FCO issues advice against travel to that area. We would only do this when local agents advise us of a situation in advance of the news becoming more widespread.
- Insufficient numbers: We understand that you may have to incur certain costs well in advance of your journey and that cancellation on the basis of insufficient other bookings is never nice and can be expensive. For most of our journeys we offer a minimum group size of two. If this minimum is not met we may have to cancel the departure. We will give you 70 days notice if we do want to close a departure because of insufficient numbers. Generally we will offer you the opportunity to pay a supplement, payment of which will guarantee the departure. If late bookings come in such that the minimum number is met we will repay any supplement. If you do not want to pay this supplement then you may cancel with a full refund or transfer to another journey that is departing.
- If we cancel your journey we will refund the full amount that you have paid to us.
- Most changes are minor. Occasionally, we have to make a significant change. A significant change is a change made before departure which we can reasonably expect to have a major effect on your journey such as a significant change of itinerary. If we have to cancel or make a significant change, we will notify the primary contact as soon as possible.
- If there is time to do so before your start date, we will offer you the following options in the event of a significant change or cancellation:
- (for significant changes) accepting the changed arrangements; or
- purchasing an alternative journey, of a similar standard to that originally booked if available. We will offer you at least one alternative journey of equivalent or higher standard for which you will not be asked to pay any more than the price of the original journey. If this journey is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the journey we specifically offer you, you may choose any of our other then available journeys. You must pay the applicable price of any such journey. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper; or
- cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
- The options referred to above are not available where a change is not significant.
- If we have to make a significant change or cancel we will as a minimum, where compensation is appropriate, pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the exceptions set out below.
- Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:
- we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care; or
- we have to cancel because the minimum number of bookings necessary for us to operate your journey has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is not significant.
Surcharges
- We reserve the right to increase or decrease the confirmed price of your journey once you have booked by way of a surcharge or refund . The right to impose a surcharge is limited by law and we will follow the relevant legislation. Currently this means that surcharges will only be imposed and refunds provided:
- for variations in transport costs, including fuel or dues, taxes or fees associated with embarkation or disembarkation.
- Such price variations will be calculated against the cost applicable at the time when prices were determined.
- We are required to absorb any increase in our costs up to an amount equivalent to 2% of the total cost of your journey (excluding any amendment charges). We will only surcharge where an increase exceeds this 2%.
- A refund will only be payable if any decrease in our costs exceeds the above 2% threshold. Where a refund is due, we will pass on the full decrease in our costs.
- Where a surcharge exceeds 10% of the original confirmed price of your journey then you will be entitled to cancel your booking and either receive a full refund or purchase an alternative journey.
- No surcharge will be imposed within 30 days of the start date of your journey. No refund will be payable during this period either.
- You will have 14 days from notification of a surcharge to tell us if you want to cancel your booking where applicable. If you do not notify us in writing that this is your decision within this time, we are entitled to assume you agree to pay the surcharge. Any surcharge must be paid with the balance of the cost of the journey or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Conditions Of Travel
- A valid passport is required for all our journeys. It is your responsibility to ensure that your passport will be valid for the duration of the journey and to keep this passport safe throughout the journey. You are required to carry your passport at all times as the Police regularly carry out random checks, but you should take precautions against pick pocketing and other street crime. Your passport should have a minimum validity of six months on arrival in China.
- British citizens require visas to enter the mainland of China, but not Hong Kong. Visas must be obtained prior to arrival. It is your responsibility to obtain and pay for this visa and to comply with any conditions or restrictions. You should carefully check your visa validity as fines are levied for overstaying. Please note: if you cannot obtain a visa for whatever reason and cannot therefore travel on your journey, cancellation charges as set out under Cancellation by You will apply.
- A full British passport presently takes approximately 2 to 6 weeks to obtain. If you are 16 or over and have not yet got a passport, you should apply for one at least 6 weeks before your start date. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
- Passport and visa requirements may change and you must check the up to date position in good time before departure.
- We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
- Details of any compulsory health requirements applicable to British citizens for your journey are shown on the NationalTravelHealthNetworkAndCentre (NaTHNaC) website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before you leave home. Information on health is also contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. Health requirements and recommendations may change and you must check the up to date position in good time before departure.
- Fellow travellers could originate from any country but all journeys are conducted in English only.
- China is subject to different living standards, practices and conditions than those that most travellers will be familiar with at home. This is probably one of the reasons you chose to visit the country. Please remember this when things do not go according to plan.
- The food in China will also be different. For most of our travellers the food is a highlight. We do try to cater for special dietary requirements but cannot guarantee that we can provide suitable alternatives in all circumstances. If you have a restricted diet you should check with us in advance of booking to see what alternatives may be available.
- Due to the size of our vehicles, and to weight restrictions on included flights, luggage is restricted to 20kg per person. You may also carry one carry-on bag; the normal airline definition applies.
- Your booking is accepted on the understanding that you understand and accept the risks and hazards involved with travel in a foreign country like China. Potentially you risk injury or disease or other health related problems including periods of quarantine; theft of, loss of or damage to your property; inconvenience, delay, discomfort or disappointment.
- We endeavour to mitigate the effects of such risks and hazards by careful planning and by monitoring local information. However, these risks and hazards cannot be eliminated entirely.
- Much of the challenge and therefore of the pleasure of such travel is in dealing with unexpected situations as they arise. We request individuals caught up in incidents to remain calm and allow the journey leader to deal with matters as best they can.
- We reserve the right to change itineraries according to circumstances as they arise. Such circumstances will usually amount to 'force majeure' which in these booking conditions means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such circumstances may include flight cancellations, mechanical breakdown, weather, local political conditions or security restrictions and other situations beyond our control.
- It is a fundamental condition of joining one of our journeys that you accept the need for flexibility in such situations and acknowledge that alterations and their results, such as the loss of some services, are possible.
- Where such changes are necessary we will endeavour to keep you informed as soon as a situation becomes clear and to offer suitable alternative arrangements.
- Where you choose not to partake in the alternative arrangements you will not be offered a refund for the services not utilised. It may also be impossible for you to continue with your journey.
- If the completion of the journey is not possible or you reasonably refuse to accept any alternative arrangements we offer you, we will arrange transport to the end point of the journey.
- Where your journey is changed or terminated after the start date by force majeure (see above), we regret we cannot make any refunds in respect of any unused services (unless we obtain any refunds from our suppliers), pay any compensation or meet any costs or expenses you incur as a result.
- 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 'force majeure' as defined above.
Authority Of The Journey Leader
- Throughout the Journey one guide will act as the Journey Leader. Where there are 6 or more participants then your group will be lead throughout by a suitably qualified guide. Where the group consists of 5 or less participants the Local Guides will act as Journey Leader whilst the group is visiting their city.
- The journey leader represents the company. You must accept the decisions of the journey leader and follow their instructions. Failure to do so in any material respect will entitle us or the journey leader to terminate your participation in the journey as set out below.
- If you are unhappy with any decision or instruction you may follow the complaints procedure as laid out below.
- It is the responsibility of the journey leader to manage group travel arrangements. The journey leader will instruct you on the time and place to meet before travelling. It is your responsibility to ensure that you understand these instructions and to be in the correct place at the correct time. If you are not, the group will have to continue without you. If you do miss a travel arrangement because you failed to meet with the group then you should call the Emergency Telephone Number for instructions to help you rejoin the group. In such an event you must pay any additional costs incurred.
- We expect you to have consideration for other people. If you commit or appear to have committed an illegal act or refuse to follow the instructions of the journey leader or if in the reasonable opinion of us or the journey leader, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we or the journey leader are entitled, without prior notice, to terminate your further participation in the journey. In this situation, the person(s) concerned will be required to leave the journey. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- You accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made at the time where 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.
Travel Insurance
- You are required to have adequate insurance cover for all medical expenses and repatriation costs should you have an accident or become too ill to continue your journey. This must include emergency helicopter and air-ambulance cover. You should also have insurance to cover at least cancellation charges and loss of or damage to personal possessions.
- You must determine what cover is adequate for your own needs. You should seek professional advice where you are not sure. Please ensure you bring your policy with you on your journey.
- If you join the journey without adequate insurance cover you may not be allowed to continue.
You are strongly advised to insure yourself against any risk that may occur, including sufficient insurance in respect of dependent relatives.
You must read the details of your policy to be sure of any exclusions or limits that may apply.
Fitness To Participate
- All persons booking a journey declare that they have satisfied themselves that they are fit and able to complete the activities of their chosen itinerary.
- All participants will need to be in good health as walking is a fundamental part of each of our journeys.
- We not responsible for any additional costs incurred by persons not able to complete the itinerary as described in the journey description.
- All persons booking must declare that they are above 18 years of age and are legally responsible for themselves.
- Our journeys are not specifically geared for senior travellers.
Illness, Disability And Medical Conditions
- If you have any medical condition or disability which may affect your journey or any special requirements as a result of any medical condition or disability (including any which affect the booking process), 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 change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your journey develops after your booking has been confirmed.
- The responsibility to make adequate provisions for medications and other treatments that may be required during the journey remains yours. You should ensure you have sufficient supplies with you to cover any unexpected delay in your return home as a result, for example, of the cancellation of your international flight.
- We reserve the right to refuse a booking where we cannot be sure of your wellbeing throughout the journey.
- Failure to disclose the true nature of any such medical condition or disability constitutes a breach of these conditions and may result in such persons being excluded from the journey where we are reasonably unable to accommodate the medical condition or disability. In this situation, we will have no obligation to provide any remaining services, no refunds will be provided and no expense incurred as a result will be met.
- Should you have an accident or become ill during a journey, the journey leader will take whatever emergency steps are required to get you professional treatment as soon as practically possible. They must then return to their main function which is to escort the remainder of the group. Where appropriate you will be given an office contact to provide ongoing assistance.
Arrival Transfers
- Arrival transfers are included. These are normally from the airport but may be from another location agreed by us.
- If we are not provided with your flight details at least 72 hours prior to your arrival then we will be unable to provide this free service. You will have to pay for transport locally. It is your responsibility to ensure that you or your agent email us the relevant information in good time.
- You must let us know of late changes as soon as possible. You may use the emergency mobile number in China for this.
- If you do not meet with your transfer representative immediately upon arrival you should contact our Beijing Office or emergency mobile number for instructions.
- If you take an alternative method of transfer without authority from our Beijing office staff we will not be responsible for the costs incurred nor any other difficulties you may encounter. Be warned that touts operate at some airports. Their services are illegal, expensive and unreliable. Always go to the proper taxi rank.
Accommodation Standards
- We generally choose 3-star hotels. We may use hotels or even guesthouses of a lower standard where 3-star accommodation is not available or where there is a special (often historic or cultural) reason for doing so. In such cases we will note this in the journey description.
- We select those hotels that are clean and offer a good balance between ambience, location, breakfast and hospitality.
- Hotel accommodation includes private bathroom facilities unless clearly indicated.
- Some journeys include nights spent on cruise boats. The relevant journey descriptions indicate the standards that you can expect.
- We frequently choose to include overnight rail travel in China as an experience in itself. We use soft-sleeper class for such nights. This is the best available.
Leaving A Journey
- Where personal circumstances require you to leave a journey, either temporarily or for the remainder of the itinerary, the journey leader will ask you to complete a written declaration to say that:
- you are leaving voluntarily and not because of any issue on the part of the company; and
- that you no longer require the travel services that were to be provided by us for the period covered by your declaration.
- No refunds of unused services will be provided in the event of your leaving a journey.
- After leaving a journey, services will only recommence once you are accepted back into the group by the journey leader. We reserve the right to refuse any person back onto a journey where the provisions of 'Authority Of The Journey Leader' above apply.
- We can only respond to issues that we know about. If you have any complaint about services you must make this known to your journey leader or other representative at the earliest opportunity.
- Normally the recipient of the complaint will be able to resolve the issue to your satisfaction. If you are not satisfied with the response you should notify our office in Beijing and we will do our best to resolve the issue.
- If you feel your complaint has not been properly dealt with by the time your journey ends you should write to us with details of the specific issues which have not been resolved within 42 days of the end of your journey.
- We will respond to any such written complaint in a timely fashion and will seek to agree a settlement with you where appropriate
- We are responsible to you for the proper performance of our obligations under the contract (see Liability below). This includes service obligations provided by third parties engaged by us.
Liability
- We promise to make sure that the journey 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 journey arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted journey 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).
- We will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from:
- the act(s) and/or omission(s) of the person(s) affected or any person travelling on the same booking; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your journey and which were unforeseeable or unavoidable; or
- 'force majeure' as defined in 'Conditions of Travel' above.
- We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier 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.
- The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. 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 journey in question.
- For all claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding any amendment charges) paid by or on behalf of the person(s) affected. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Where we are legally responsible for the loss or damage of luggage of personal possessions the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under point 6 below. Any payment made will be based on the value of the items concerned at the time of loss or damage and not their replacement value.
- 6. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
- We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self employed loss of earnings.
Flights
- In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
- We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
- We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with any flight(s) included in your journey. The flight timings shown on our website and/or detailed on your confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
- Specific instructions relating to your arrival and unescorted flight arrangements will be sent by email approximately 2 weeks before your start date. You must accordingly check these very carefully immediately on receipt to ensure you have the correct details. It is possible that flight times may be changed even after this point - we will contact you as soon as possible if this occurs.
- For escorted group flights included in one of our journeys your journey leader will be aware of the latest flight details. You must follow the journey leader's instructions as stated in 'Authority Of The Journey Leader' above.
- Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
- We do not currently arrange any international flights (other than as a special arrangement). It is your responsibility to book flights which arrive in good time for the start of your journey. In the event of any delay or cancellation of your international flight resulting in your missing the start of your journey, point 3 of 'Authority of the journey leader' above will apply. We are not in a position to offer any assistance in the event of any delay or cancellation of your international flight which will be the responsibility of the airline.
Jurisdiction
A binding contract between us will come into existence when we confirm your booking as set out under 'Making a Booking'. 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 dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).