BOOKING AND PAYMENT
Along with a signed booking form, a variable deposit per person is required (minimum £150) – you will be advised of the deposit due at time of booking (deposit requirements vary mainly due to the fluidity of transport costs). N.B. Failure to send in a signed booking form will not negate the contract. A booking will exist as soon as we receive your deposit. This booking is made on the terms of these booking conditions. After your deposit has been received, we will send you your holiday confirmation invoice and this will detail the cost of the holiday and will be your contract with the Co. Under no circumstances can we accept a booking unless it is accompanied by the required deposit.
2. PAYMENT OF BALANCE
Any deposit not paid in time will result in cancellation of the holiday. No final invoice will be sent unless amendments are made by the passenger (see clause 4), or a surcharge (see clause 14) has to be made. The balance of payment must be paid to Travel without Borders by you at least 8 weeks (for special events and groups 12 weeks) before departure (reminders will not automatically be sent) and this is most important, as the Co. reserve the right to treat as cancelled any bookings not paid in full by the date due, and to retain the deposit paid. Refusal to honour any payment by the bank will incur an extra £35.00 charge to cover bank and administration costs, which will be automatically added to any outstanding balance. The Co. regrets it cannot offer any credit.
3. LATE BOOKINGS
The Co. is happy to provide late bookings (i.e. less than 10 weeks before departure) for individuals and groups. However, upon verbal communication immediate payment of the full holiday cost and a signed booking form are required. N.B. No travel documents will be sent out to clients until the full amount of money has been received and any cheques have been honoured.
4. AMENDMENTS AND CHANGES BY THE PASSENGER
A fee of £25 per amendment/change per person will be charged to a confirmed booking. There may be additional charges to suppliers and in particular for certain airlines an amendment may be treated as a cancellation and a new booking required.
If after your holiday has been confirmed, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge ( see above) and any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. NB Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 21 days before departure. Both you and the traveller are responsible for paying all costs we incur in making the transfer. Name changes are not possible in respect of airlines.
5. CANCELLATION BY THE PASSENGER
Cancellations must be submitted in writing by the signatory on the booking form/person who made the booking and are only accepted on the date received. The following conditions will strictly apply:
Period before departure, within which written instructions are received by Travel without Borders / Cancellation charge (written as a % of total holiday price):
More than 56 days / Deposit only
43-56 days / 40% (or deposit, if greater)
29-42 days / 60% (or deposit, if greater)
8-28 days / 80% (or deposit, if greater)
Departure date – 7 days / 100%
Group bookings, special events (e.g. Oberammergau Passion Play), trade fair and conference bookings are subject to different cancellation charges – any ordered printed tickets are non-refundable and accommodation cancellation charges will be advised at time of booking
Travel insurance covers you for the above cancellation charges for any cause genuinely beyond your control, (except disinclination to travel, financial or business related reasons) and these, or any other claims, must be lodged with the insurers directly. Please check the terms of travel insurance policy carefully and in particular with regard to Covid-19 (Coronavirus).
6. PART-BOOKING CANCELLATION
In the event of a part-room cancellation (e.g. 1 passenger in a party of 3) resulting in reduced occupancy of a room, the Co. reserves the right to charge the full room cost (in addition to the cancellation charges shown in Clause 5) should the Co. be unable to re-allocate a room appropriate to the new party size. This also applies to private groups, where coach travel is based on a minimum number of participants and the cancellation brings the number below this. In such cases the company reserves the right to raise the price of each party member.
7. CANCELLATION & ALTERATIONS BY TRAVEL WITHOUT BORDERS
We reserve the right to cancel your booking. We will not cancel less than 6 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for a group package to go ahead has not been reached. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. (The minimum number required for a private group package will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled)
If your holiday is cancelled we will provide
a) provide an alternative holiday of comparable standard, or
b) provide the altered holiday with an appropriate refund, or
c) submit a full refund
d) pay compensation except where the cancellation is due to unavoidable and extraordinary circumstances or the minimum number for a private group booking is not reached. As our holidays are tailor-made compensation will be calculated on a case by case basis taking all circumstances into account and the date on which the cancellation takes place.
8. MINOR ALTERATIONS
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
9. MAJOR ALTERATIONS
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
- We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
- If you choose to accept a refund:
- We will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Period before scheduled departure within which a major change is notified to you:
More than 56 days £0
43-56 days £20
29-42 days £25
8-15 days £40
Departure date – 7 days £45
* IMPORTANT NOTE: Compensation payments do not apply to “Force Majeure” or unavoidable and extraordinary circumstances which means by reason of war or threat of war, serious health risks to travellers e.g. Covid-19 (Coronavirus), riots, civil strike, terrorist activity, strikes, governmental action, natural disasters, fire (including fire, floods in hotels), adverse weather conditions, technical problems of transport, closure of ports or airports, cancellation or changes of schedules by scheduled airlines, industrial action or similar events beyond our control. Compensation payments also do not apply to Minimum Bookings, this is where an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form.
10. TRANSPORT DELAYS
Exact flight details will be advised to you at the time of booking and such details will be shown on your confirmation invoice. It should also be noted that the times of flight departures are provided to us by airlines. Airlines themselves are subject to air traffic control, weather conditions, the need for constant maintenance and the ability of passengers to check-in on time. That is why there can be no guarantee that flights will depart at the times given or on the tickets which you will receive. Also, when travelling with a carrier the conditions of carriage of that carrier apply, some of which may limit liability.
Under EU law (Brexit may affect this) you have rights in some circumstances to refunds/compensation from your airline in cases of delay to flights, cancellation or denied boarding. Such reimbursement is the duty of the airline and therefore will not automatically entitle you to a refund of your holiday cost from us. Where refunds are due, set out in paragraph 9, all payments from airlines will be deducted from us.
(NB Some travel insurance policies cover for flight delays). The company will not be liable if a flight is delayed. In the event of a major delay airlines generally provide refreshments, meals and accommodation, as they deem appropriate. The Co. will also not be liable for any delays relating to any other transport booked by the Co. In the event of a delay the Co. will not be liable for compensation for loss of holiday enjoyment, unused hotel accommodation, missed connecting transportation nor for any costs imposed by connecting transportation due to delays of other transport.
11. LATE ARRIVALS
All clients are informed of departure points and times. No liability will, therefore, be accepted by the Co. for any loss or expense suffered by a passenger due to his/her late arrival prior to or during the holiday.
12. TOUR PARTICIPATION REFUSAL
The Co. reserve the right, in the interest of other clients participating in the Co.’s tours, to decline to accept or retain any person as a member of any tour party at any time and the Co. shall be under no liability for any extra costs incurred by such a person as a result of its doing so. Full cancellation charges will then apply and no refunds will be given. Furthermore, the Co. will then be under no obligation whatsoever for compensation, or costs you may incur, as a result of alternative arrangements you may make.
13. ENTERTAINMENT/EXCURSIONS/RESTRICTION OF FACILITIES
The Co. will make every effort to provide entertainment/excursions as specified, but will accept no liability if some of them have to be altered or cancelled due to adverse weather conditions, illnesses, COVID-19 or unforeseen circumstances. The Co. will also not accept liability for possible inconvenience nor for restrictions or closure of hotel facilities or resort amenities. Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
14. PRICE ADJUSTMENTS/SURCHARGES
The prices quoted in the Co.’s publications/websites, special leaflets and independent and tailor-made group holidays are in £ sterling. These include all known costs (except local Spa and City Taxes), and VAT to all EEC countries where applicable, and are based upon the currency exchange rate applicable as quoted by the XE Currency at the time of booking.
We can change your holiday price after you have booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within the time period shown on your final invoice.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
15. TRAVEL INSURANCE
You are strongly advised to take out a travel insurance. If this is not the case the Co. requires a signed declaration that you will accept full responsibility for all costs and liabilities which would normally be covered by the insurance policy, otherwise the Co. reserves the right to refuse your booking.
16. OUR LIABILITY TO YOU
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
- a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
- b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
Under current EU law (Regulation 261/2004) (Brexit may affect this) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB This entire clause 16 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
17. ADDITIONAL ASSISTANCE
If you are in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
If you should have a reasonable complaint in respect of any escorted or group holiday taken, the lead person who made the booking on your behalf must inform the Co.’s tour manager immediately and provide him or her with a written record of the complaint as soon as possible, thereby giving him or her sufficient opportunity to act upon your complaint. If on an independent or a private group (without a Co. Tour Manager) holiday and you have a complaint with regard to the accommodation, you must inform the manager/proprietor of the hotel/guest house/self-catering accommodation you are staying in, immediately, so that they are given the opportunity to rectify the situation on the spot. Should this fail, or in case of any other reasonable problems connected with your holiday, telephone Travel without Borders and explain the problem and we will try to solve it. (All necessary emergency telephone numbers will be forwarded to you with your travel documentation.)
The Co. will not accept liability for damage, loss or disappointment arising from complaints which it was not given reasonable opportunity to rectify. Therefore, complaints not reported as above, but only reported to the Co. upon return to the United Kingdom will not be treated sympathetically. In any event, written notification must be received from the person who made the booking and signed the booking form, by the Co. in the United Kingdom no later than 28 days after the client’s return. The Co. will not accept liability in respect of claims received after that date.
The Co. will try to settle the dispute amicably. However, disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to, if the client wishes, to a court of Law or to arbitration under a special scheme.
19. PASSPORTS, VISAS & HEALTH REQUIREMENTS
Please note that a FULL British Passport is required for entry into those countries mentioned in our publications/websites. Foreign nationals should please enquire directly with the German Embassy, or any other relevant Embassy of a country through which you may travel, whether visas are required. The Co. will do its utmost to help you but will not be responsible or liable for any delay or expense suffered by any passenger whose passport is not in order at the time of travel.
20. PUBLICATIONS/WEBSITES & ITINERARIES ACCURACY
Publications/websites/ provisional itineraries are as accurate as we can make them and every effort will be made to operate all holidays as advertised, but the publications/websites and provisional itineraries are planned and printed well in advance, and sometimes the Co. may need to make changes. It is to be understood that all prices and information in the Co.’s publications and on its website are subject to the normal trading conditions of “Errors & Omissions Excepted (E & OE)”.
21. SPECIAL REQUESTS
Special requests made in writing will be passed on to suppliers, but cannot be guaranteed.
22. DATA PROTECTION STATEMENT
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs and immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass on your information to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EAA or not, we will be unable to provide your booking. In making this booking you consent to this information being passed on to relevant persons. Full details of our data protection policy are available here.
23. FINANCIAL PROTECTION
We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number , issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org. When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We will provide you with the services listed on the ATOL certificate (or a suitable alternative). In some cases, where we are unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme.
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We provide full financial protection for our non-air package holidays by way of a bond held by The Travel Vault in conjunction with Towergate Travel through Zurich Insurance PLC.
Please find further information on our dedicated page.
26. This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.