We are Chillisauce Ltd. References to "Organiser" means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person). "You", "your" and ‘party’ in these booking terms means all persons (or any of them including the Organiser) named on the booking (and persons added or substituted at a later date). "We", "us" and "our" means Chillisauce Ltd.

The Package Travel and Linked Travel Arrangements Regulations 2018 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. We provide this protection for packages in the following ways; for bookings made in 2019, a financial failure insurance policy underwritten by MGA Cover Services Limited and for bookings made between January and August 2020 by a financial failure insurance policy underwritten All Seasons Underwriting Agencies Limited. For all bookings made from September 2020, protection for packages is provided by an ABTA bond. Your initial deposit and subsequently the balance of all monies paid to us will be protected, including repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Chillisauce Limited. Please note that the following types of bookings will not benefit from this financial security:-

i) Any booking of accommodation on its own; ii) Any booking of an activity, excursion or other event on its own; iii) Any multiple activity/excursion/event booking where each element is individually less than 24 hours in duration; iv) Any multiple activity/excursion/event booking where each element is the same type of travel service (eg multiple bookings of different activities); v) Any multiple element booking where the elements are booked more than 24 hours apart; vi) Any booking of accommodation with an activity/excursion/event where the value of the activity/excursion/event accounts for 25% or less of the total value of the booking; vii) Any booking of accommodation with an activity-based service which is intrinsically part of the accommodation.

1. Our agreement

These booking conditions apply to bookings made for activities taking place outside the UK & Ireland. They, our privacy policy, our website terms and conditions of use, and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us for the arrangements making up your booking (your ‘arrangements’). Please read all that information carefully as it sets out the scope of our agreement as well as our respective rights and obligations. By making a booking, you agree to be bound by all of it.

We act as an agent for suppliers in respect of all bookings we take and/or make on your behalf for travel outside of the UK and Ireland and your contract will be with the supplier of the arrangements in question. When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Thus, your booking with us is subject to these terms and conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. If there are inconsistencies between these terms and conditions and those of the supplier's then these terms and conditions shall prevail. All travel arrangements which we provide or which are sold through us are not an offer by us to them, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it. Please note: Where we take on obligations in these terms in relation to ‘packages’ to for example, pay you compensation or provide you with assistance or alternative travel arrangements, we do so because we are obliged to do so under the Package Travel and Linked Travel Arrangements Regulations 2018, not because we have a contract with you to supply those arrangements.

The key terms to our agreement are:-

Key terms

1. You will enter into binding contracts with applicable suppliers when we confirm to you that your event is booked in a confirmation email. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, there will be no refunds for cancellations;
2. You can make changes to your confirmed arrangements in certain circumstances.
3. The supplier of your arrangements may make changes to and cancel your confirmed arrangements;
4. Some of our arrangements involve physical exertion and/or risk.
5. We are responsible for making sure your confirmed package arrangements are not performed negligently but there are some limits on and exceptions to this, and you must always report any dissatisfaction to us as soon as you can.
6. When you pay your deposit, you agree that we may automatically collect the final balance and any final adjustment for your share of the arrangements from the last card that you used with us. If you have paid another guest’s deposit, then you are committed to also pay that guest’s balance and any subsequent adjustment.

Accuracy of information and booking errors

We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as described in clause 8.

All website descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself.

Please note: most daytime activities take place at outdoor activity centres, which by their nature are not usually located in city centres/urban areas. Breaks/events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 30 miles although this may be more for some exclusive activities. We provide you with location details of the activities and venues in your itinerary and it is your responsibility to ensure that you have adequate time and suitable transport to get between your chosen activities.

Activities including transportation are quoted based on accommodation pick up in the applicable city centre. Transportation from outside the city centre can be provided on request but may incur an additional charge.

The Group Organiser

Whether you choose to have the Organiser make all payments on behalf of your party or if you choose to pay individually, you accept that the Organiser has the authority to deal with us on your behalf. If for any reason there is a change in the Organiser, you should notify us in writing immediately. The Organiser must be authorised to make the booking on the basis of these terms and conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Organiser is a minimum of 18 years old. Each individual member of the party will be liable for payment of amounts due in relation to their individual booking. Additionally (at our option) the Organiser will be liable for payment of all amounts due in relation to the whole booking.

Making a Booking

When you ask us to make your booking, we will ask the Orgainiser to make a non-refundable, non-transferable deposit or full payment as applicable. At this point we will then confirm your booking on behalf of the supplier(s) by sending you a confirmation email at which point a binding contract between you and the applicable supplier(s) will come into existence. Once a binding contract is in place, we will indicate the time the Organiser has to invite guests and for them to pay through your dedicated customer’s area subject to the payment terms in the clause below.

Please check all details on the itinerary in your customer’s area immediately on receipt of your confirmation email. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies as soon as possible after confirmation. It may harm your rights if you don’t.

Payments of Amounts Due

Deposit

When you make a booking, the Organiser must pay either an initial non-refundable, non-transferable deposit of £40(or the price of your place if that is less than £40, or the full balance of the cost of the arrangements if you are booking within 45 days of the departure date). Following confirmation of the booking, all invited guests must also pay a non-refundable, non-transferable deposit of £40 (or the price of your place if that is less than £40, or full balance of the cost of the arrangements if there are less than 45 days until you are due to depart) within 2 weeks of the booking date. If guests have agreed to attend the event but have not paid the deposit (or balance) by the deposit due date (or balance due date) they will be automatically cancelled from the booking at no charge shortly after the applicable due date.

Updating your card details

You may update your card details at any time. When updating your card details we will make a £1 payment and immediate £1 refund in order for us to verify the card details and use in your next automatic transaction with us.

Balance

The balance of the cost of your Arrangements must be paid no less than 45 days prior to departure and will be automatically collected from the card details you last used with us or from the card details you have subsequently updated with us. Please note that if you have paid another guest’s deposit, then you are committed to also pay that guest’s balance and any subsequent adjustment.

We will try to automatically deduct the balance from the latest card details you have registered with us. Should your balance payment be declined you will be invited to log in and pay manually. If your final balance has not been paid within 3 days of the balance due date, then we will automatically cancel you from the event and you will forego your non-refundable, non-transferable deposit.

Reconciliation

There may be circumstances where your itinerary or the party size changes after all group members have paid the balance. This could give rise to an extra cost or refund which we call the “reconciliation”.

We will automatically attempt to deduct or make a refund to the latest card details you have registered with us for the “reconciliation” at a time after the balance due date that will be made clear to you in your customer area. We will also notify you by email at least 24 hours before we credit or debit your card if an adjustment has arisen. If we are unable to debit your card, we will notify you by email and you will be invited to log in and pay the “reconciliation” manually.

2. Insurance

It is a condition of our agreement that you are covered by adequate insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. You must ensure that the policy you purchase is suitable for your confirmed arrangements including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your arrangements. If you choose to participate without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

3. Special requests

Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to arrange your reasonable special requests with the supplier, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement on behalf of a supplier, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract.

4. Hazardous activities, health disabilities and medical problems

Some of the activities and events we offer are by their nature inherently dangerous and on the day of the event some suppliers may require you to sign a disclaimer or acknowledgement of the risks involved (copies are available on request). By participating in these events, you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events - see clause 2.

Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. We will give you general information about whether your arrangements are suitable for persons with reduced mobility but many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we may cancel your booking and impose the cancellation charges as set out in clause 6 where in our reasonable opinion, the confirmed arrangements are not suitable.

5. The price you pay

We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements. The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in:-

(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (b) the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (c) the exchange rates relevant to the package.

Price variations will be calculated by applying the cost differential we experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before you are due to depart. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 7. If prices go down as a result of the above factors, we will make a reflective refund, but we will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due. Also, note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.

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 supplier’s incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the supplier’s charges as 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.

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 more than 45 days before the date of your arrangements, the amount you must pay to us or the supplier(s) is the deposit.

If less than 45 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

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.

Note: 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.

Transfer cancellations in the event of not receiving flight details

To provide airport transfers we require your flight number and arrival time a minimum of 4 weeks before your event. We will email you to remind you to let us have this information but where we do not receive it in time, it may be necessary to cancel this element of your booking.

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 the applicable 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.

Pre-departure changes and cancellations

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 or venue type (nightclub, bar or activity centre) at which any activity you have booked is to take place (where the activity itself has not significantly changed); or a change of accommodation to accommodation of the same or higher standard within the same destination city. If 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. We will have no responsibilities to you in respect of any insignificant changes. 

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 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.

Weather Conditions

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.

9. Complaints

As a booking agent, your contract is with the supplier of your arrangements thus, 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.

Please note that our contract is with your Group Organiser, who you authorised to make decisions on behalf of your group when booking. As such, all complaints need to be handled between Chillisauce and the Group Organiser. If you are/were a Guest on a booking, please channel any complaints through your Group Organiser.

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 to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://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 applicable 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 other 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.

11. Our responsibilities

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 this clause.

A) Our responsibilities differ according to what you have booked:

In relation to bookings of Packages: We act as a booking agent in relation to each separate element of the arrangements making up a package. Your booking in each case is with the supplier in question. However, in relation to those bookings, we are obliged by the Package Travel and Linked Travel Arrangements Regulations 2018 to accept responsibility as an “organiser” under those Regulations. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you reasonable compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent in performing or arranging the package arrangements if you wish to make a claim against us.

In relation to all other bookings: As booking agent we accept no responsibility for the acts or omissions of the supplier(s) or for the services provided by them. Your booking is directly with the supplier(s). Other than where we are negligent in the provision of our booking services to you, we accept no liability or responsibility for any complaint, loss, damage, expense or other claim in respect of any aspect of your or arrangements. Specifically, we will not be liable for any act or omission by any person not employed directly by us or under our immediate control and whilst we have chosen our suppliers with care we have no control over them and so cannot be held responsible for any of their acts or omissions, or those of their servants, agents or employees. Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it.

B) Limitations of responsibility

In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:-

We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 8.

We will not be responsible, make a price reduction or pay compensation:- a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.

b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):- (a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)

Luggage or personal possessions and money

The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

Claims covered by the Paris Convention

We rely on the terms and conditions contained in the Paris Convention (with respect to hotel arrangements).

Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law

If you have booked a package, the maximum amount we will have to pay you in respect of all such claims is three times the price paid by or on behalf of the person(s) affected in total. In respect of all other arrangements, the maximum amount we will have to pay you in respect of all such claims is twice the price paid by or on behalf of the person(s) affected in total. These maximum amounts will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.

Assistance to those on a package in the event of difficulty or unavoidable and extraordinary circumstances

Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact our local representative.

12. Jurisdiction and applicable law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

13. Financial security for packages

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Chillisauce Limited membership number 5480, and in the event of their insolvency, protection is provided for:

• Non-flight packages

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Chillisauce Limited.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here

You can find out more about ABTOT here

Bookings that are not ‘Packages’ will not benefit from the arrangements referred to in this clause.

14. Passports, visas and health requirements

A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. 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. Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.

Information on health is 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. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure. It is the Organiser's responsibility to ensure that all members of the party 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 or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds 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. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

15. Foreign Office Advice

The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.

16. Covid Clarification

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus and that you must comply with all advice and guidance issued by relevant governments, public and health authorities. You also acknowledge that some or all of the activities or facilities described in your booking may be changed to accommodate the advice and guidance in place at the time of travel. We will take all reasonable steps to ensure your safety and suppliers may require you to follow additional safety protocols on your trip. However, it is also your own responsibility to acquaint yourself with all relevant travel and participation information, including applicable health risks, and the nature of your itinerary. If these issues impact your itinerary, we will provide you with such reasonable assistance as we are able to in the circumstances, however, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you or meeting other associated costs you incur in connection with the same.

If you notify us before travelling, and we (or the relevant supplier) conclude that you are no longer able to travel because of the COVID-19 risk, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply.

We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe on holiday. You are making your booking in full knowledge that such measures are likely to be a part of your holiday and do not amount to significant changes to your booking, nor do they amount to a lack of conformity. We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters.

You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.