6. Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we and suppliers incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going. You will be required to pay the increased price.
Charges in the event of a cancellation
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
If over 270 days before the date of your arrangements, the amount you must pay to us or the supplier(s) is 25% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is greater.
If 121 - 270 days before the date of your arrangements, the amount you must pay to us or the supplier(s) is 50% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is greater.
If 91 - 120 days before the date of your arrangements, the amount you must pay to us or the supplier(s) is 75% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is greater.
If 0 - 90 days before the date of your arrangements, the amount you must pay to us or the supplier(s) is 100% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is greater.
Where any cancellation reduces the number of full paying guests 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. Please note however the minimum number price must be paid for all bookings as fully described in clause 5 even if the cost for the number of guests on the booking would otherwise total less than the minimum price.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
In the event we can meet your requested change, you will have to pay any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Where any change or 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, suppliers may need to amend their pricing. We will notify you if that is the case.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
You may cancel any package arrangements prior to their commencement (following the process outlined above) in the event that i) circumstances amounting to unavoidable and extraordinary circumstances are occurring at the place where your arrangements are due to be performed or its immediate vicinity ii) those circumstances make it impossible to travel safely to the travel destination; iii) the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances and iii) the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. In this event, you will receive a refund without undue delay of any payments made but this the maximum extent of our liability and we regret we cannot pay you compensation or meet any other expenses or losses you may incur as a result.
7. Changes and cancellations by us or your hotel supplier
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 11.
Because your arrangements are planned many months in advance, in some circumstances we and the applicable supplier(s) must reserve the right to make changes to them and cancel them.
Most changes will be insignificant. For example: a change in the timing of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); or a change of accommodation to accommodation of the same or higher standard within the same destination city. If we or a supplier makes an insignificant change to the main characteristics of your arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change.
Occasionally a supplier may have to make a significant change to your confirmed arrangements and if that is the case, we will seek your agreement to do so. A significant change is one where our suppliers significantly alter any of the main characteristics of your arrangements. If we or a supplier has to make a significant change or cancel, we will contact you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i) (for significant changes) agreeing to the changed arrangements,
ii) accepting the cancellation or terminating the contract between us and receiving a refund (without undue delay) of all monies paid; or
iii) accepting an offer of alternative arrangements of comparable standard from us, if available.
In the event that any proposed change or alternative results in a reduction or increase in the price you have agreed to pay, we will also notify you of any refund or additional amount due.
You must notify us of your choice within 48 hours of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 48 hours, we may terminate the contract and refund all payments made by you without undue delay.
Where you have booked a package and you choose option ii) above, subject to the following exceptions as well as the limitations and exclusions in section B of clause 11, we will where appropriate pay you reasonable compensation The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where:- i) we or a supplier make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we or a supplier make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 8;
iii) where you choose options i) or iii) above;
We will not make a price reduction or pay you compensation; and the above options will not be available where:- i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out above. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
Changes and cancellations after departure If we or any supplier becomes unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally booked or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in line with this clause, where appropriate and only where you have booked a package, we will pay you compensation subject to section B of clause 11.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
8. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances which we or the supplier(s) of the service(s) in question could not avoid even taking all reasonable measures. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
If you experience difficulty whilst away or perceive that your arrangements do not conform to those you have booked, please inform the relevant supplier (e.g. your hotelier) without undue delay so that they can take steps to assist you or put things right. You should also contact us as soon as possible by calling our weekend helpline. If your complaint remains unresolved and you wish to pursue further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
ABTA: We are a Member of ABTA, membership number Y6326. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go towww.abta.comto use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found onwww.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform athttp://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
10. Your behaviour
If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we or any supplier reserve the right to terminate your arrangements immediately. In the event of such termination, our responsibilities to you will cease and you will be required to leave your accommodation or another service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.