7. Changes and cancellations by us
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 we plan your arrangements many months in advance, in some circumstances we 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 we make 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 we 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 we or our suppliers significantly alter any of the main characteristics of your arrangements. If we have 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 make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we 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
Changes and cancellations after departure
If we become unable to provide a significant proportion of your 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 promised to provide 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.
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.
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.
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 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 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 accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. 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: We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
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. Please contact our local representative.
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 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. 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 websitewww.dh.gov.ukand 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 websitewww.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 websitewww.gov.uk/knowbeforeyougowhich you are recommended to consult before booking and in good time before departure.
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.