Please read carefully:
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Explore will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Explore has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent. More information on your key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found here www.explore.co.uk/travel-regulations.
1. YOUR TOUR CONTRACT
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England Wales, Scotland and Northern Ireland only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. TO SECURE YOUR BOOKING
To secure a booking, the Company or their authorised travel agent requires a minimum deposit of 20% of the total tour price, per person (or full payment if booking within 90 days of the start of your holiday). On occasions, a higher deposit may be required for example to cover payment conditions imposed by suppliers. You will be advised at the time of booking if this is the case. Completion of our booking form is in your interests as doing so avoids any misunderstanding of your requirements. However, we are entitled to confirm your booking without one where we consider it appropriate to do so. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following three conditions:
a) they and all persons named on the booking have read and accepted our Booking Conditions and general information pages contained in our client itineraries and / or brochure and / or on our website.
b) they or anyone else on their booking does not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to in clause 11 below so that we can advise.
A booking is accepted and becomes definite only from the date when the Company issues a confirmation invoice to the client who makes the booking or their authorised travel agent. It is at this point that a contract between the Company and the client comes into existence. Your flights and accommodation will only be requested from our suppliers by us once the deposit / full payment, as applicable, has been received and we are in a position to confirm your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease and / or correct any error in any published brochure prices or client itinerary quote. It is the responsibility of the client to check their confirmation, itinerary and any other documentation upon receipt and to inform us within 10 days of any error or inaccuracy as it may not be possible to make changes at a later stage. Where we are able to do so, you will be required to pay any fees, costs or charges incurred in making the change (see clause 4) except where any error or inaccuracy is our fault and you have failed to inform us of it within 10 days of receiving the document in question. The Company or their agents reserve the right to decline any booking at their discretion.
We will communicate with you by e-mail. You must therefore check your e-mails on a regular basis. We may also contact you by telephone and / or post if we cannot, for whatever reason, contact you by e-mail. It is your responsibility to ensure we have up to date contact information for you at all times. Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these Booking Conditions (for example, to request an amendment).
You can contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to firstname.lastname@example.org .
We may not be in a position to confirm the costs for all services forming part of your tour at the time of booking. For example, supplier(s) may not have published / confirmed their rates for the period in question. Where any costs cannot be confirmed, we will provide you with an estimated price for your tour which will be based on anticipated rates and costs. If you wish to proceed with the booking and we are in a position to do so, we will issue a confirmation invoice on the basis that the price you have agreed to pay will be the one applicable to your tour after confirmation of all costs. Once we have confirmation of all applicable costs, we will issue a revised invoice which will show the confirmed price. This price may be higher or lower than the estimated price. It is at this point that our price guarantee will take effect. Any such difference will not be a surcharge and, if an increase, will be payable in full. If, however, any increase between the estimated price shown on your confirmation invoice and the confirmed price shown on your revised invoice is greater than 8% of the estimated price, you may cancel your tour and receive a full refund of all monies you have paid us other than any amendment fees / charges, providing you notify us in writing of your wish to do so within 14 days of the date of the revised invoice. No compensation will be payable in this situation.
3. PAYMENT FOR YOUR HOLIDAY
The balance of all monies due must be received by the Company or their authorised travel agent no later than 90 days before the start of your holiday. For certain holidays, full payment must be received at an earlier stage before the start of your holiday. You will be advised at the time of booking where this is the case. References in these conditions to your “balance due date” mean the latest date full payment must be received by us. In the case of non-payment by the balance due date, the Company reserves the right to cancel your booking and cancellation charges will apply. You can pay the deposit and full amount by cheque, bank transfer (details on request) credit or debit card. We accept Visa and Mastercard.
Your trip may be subject to surcharges on currency, unforeseen increases in transportation costs and seaport charges, VAT, enforced increases in labour costs, aircraft fuel, overflying charges, airport charges and increases in scheduled air fares, in addition to any surcharges resulting from governmental action. If this means paying more than 8% of the tour price you will be entitled to cancel the tour with a full refund of all money paid (minus insurance premiums and any amendment fees incurred). Should you wish to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the surcharge advice. You will be notified up to 30 days prior to departure if a surcharge is due on your tour.
5. If YOU CHANGE OR TRANSFER YOUR BOOKING
a) After a contract has come into existence any requests to change any aspect of your tour itinerary must be made in writing. The Company will make every effort to assist you but cannot guarantee that it will be able to meet such requests.
b) An administration fee of £50 per booking plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged if a confirmed booking is changed, up to the balance due date. If we are able to accommodate a request to change to a different tour or departure date, the price payable will be that applicable to the alternative holiday. Thereafter all changes will be treated as cancellations and subject to the charges below.
Transfer of booking:
If you or any member of your party is prevented from travelling, in circumstances which we consider reasonable, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an amendment fee of £100 per person transferring his / her place if the Company is advised up to your balance due date or £150 per person if advised after your balance due date, as well as any additional fees, charges or other costs arising from the transfer. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight / an alternative flight; and
d. the transferee agrees to these Booking Conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 6 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
6. IF YOU CANCEL YOUR BOOKING
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written notification is received by the Company or their authorised travel agent as a percentage of the total tour price per person cancelling including surcharges, but excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which apply to most holidays. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your holiday.
a) 90or more days before tour start date – retention of deposit
b) 89-42 days before tour start date – 50%
c) 41-28 days before tour start date – 60%
d) 27-14 days before tour start date – 90%
e) Less than 14 days before tour start date – 100%
Amendment charges and insurance premiums are not refundable in the event of cancellation. It is strongly recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where
the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining clients. Please also see clause 5.
Cancellation by you due to unavoidable and extraordinary circumstances:
You have the right to cancel your confirmed tour before departure in the event of “unavoidable and extraordinary circumstances” occurring at your tour destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a refund of the monies you have paid, less any non-refundable charges imposed by our suppliers, but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions, which make it impossible to travel safely to the travel destination.
7. IF YOU HAVE A COMPLAINT
If you have a complaint about any of your tour arrangements, you must tell both the relevant supplier and our representative at the time. We will provide you with a 24 hour emergency duty telephone number to enable you to contact us directly if your complaint cannot be resolved in country by our representative. It is only if we and the supplier know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If your complaint cannot be resolved on the spot you should notify us in writing within 28 days of the end of your tour. If we are unable to mutually resolve your complaint you may call upon the low cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking, or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury, are not admissible for settlement under the service. Alternatively you can refer your complaint for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd at 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY or from ABTOT, Tower 42, Old Broad Street, London EC2N 1HG. This scheme cannot however decide in cases where the sums claimed exceed £1,500 per person or £7,500 per booking, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof. Please also see clause 1.
8. PASSPORTS, VISAS AND VACCINATIONS
Please see information pages contained in our client itineraries and /or brochure and / or on our website. Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and holiday. Information about these matters or related items (climate, clothing, baggage, personal gear etc.) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
9. TRAVEL AND CANCELLATION INSURANCE
You must have travel insurance when you travel with us. You and your belongings are at all times solely at your own risk. You are wholly responsible for arranging your own insurance. You must ensure that you have personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter rescue. If you make your own arrangements you should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your tour. You must ensure that all travel insurance purchased meets your particular requirements and you should arrange supplementary insurance if need be.
10. CONSUMER PROTECTION
We hold an Air Travel Organiser’s License issued by the Civil Aviation Authority of CAA House, 45-59 Kingsway, London, WC2B 6TE (ATOL number 2595). When you buy an ATOL protected fight or flight-inclusive holiday* from us, you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and / or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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 (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL Certificate, 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, the travel agent (or your credit card issuer where applicable).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.
*The flights and flight-inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Explore Worldwide Ltd, and in the event of their insolvency, protection is provided for the following non-flight packages.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Explore Worldwide Ltd.
In the unlikely event that you require assistance while 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.
11. TOUR PARTICIPATION AND CLIENT RESPONSIBILITY
You agree to accept the authority and decisions of our employees and agents while on tour with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), your health, level of fitness or conduct at any time before or during a tour is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without refund or recompense. Where you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, we may make such arrangements we see fit and recover the costs thereof from you. If you commit an illegal act (including, for example, causing any damage) you may be excluded from the tour and we shall cease to have responsibility to / for you as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and / or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs.
You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person in your party develops after your booking has been confirmed.
12. IF WE CHANGE OR CANCEL YOUR HOLIDAY
While the Company will do its best to operate all holidays as advertised or described in the client itinerary, it reserves the right to change and correct errors in any of the facilities, services or itineraries described in the client itinerary, the brochure and / or on our website at any time before or after your booking is confirmed.
Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure.
A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour. Significant changes are likely to include the following changes when made before departure; a change of the outward or return international flight departure time to / from the UK (where we have booked your international flight) or of the duration of your tour (excluding international flights) of 12 or more hours, a change of UK departure airport (except between any London airport including Stansted and Luton) to one which is more inconvenient for you (where we have booked your international flight) and, a major itinerary re-routing. Please note, a change of airline, any advertised mode of transport, named accommodation, flight time(s) for any flight other than any international flight to / from the UK or of the flight time(s) for the international flight to / from the UK we have booked this for you of less than 12 hours are not significant changes unless otherwise expressly stated. A change of hotel accommodation to a lower classification than booked for a significant part of your tour where the confirmed hotel is an important focus or feature of the tour will be considered a significant change.
If we have to make a significant change or cancel, we will tell 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) accepting the changed arrangements; or
ii. having a refund of all monies paid; or
iii. accepting an offer of alternative travel arrangements of comparable or higher standard from us, if available (at no extra cost); or
iv. if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within seven days of our offer. If we do not hear from you within seven days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative booking arrangements.
We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post tour accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.
In addition to a full refund of all monies paid by you, we will pay you compensation, as detailed below, if we cancel your booking and no alternative arrangements are available.
Period of notification given. Compensation* to you or your travel agent per person:
• More than 42 days: Nil
• 41-28 days: £20
• 27-14 days: £30
• 13 days or less before the date of travel: £40
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
• where we make an insignificant change;
• where we make a significant change or cancel your arrangements more than 42 days before departure;
• where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
• where we have to cancel your arrangements as a result of your failure to make full payment on time;
• where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
• where we are forced to cancel or change your arrangements due to force majeure (see clause 13).
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than eight weeks before the start of the tour except for force majeure (see clause 13), or the client’s failure to make all payments (including the final balance and any surcharge) when due.
If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the option of purchasing another available tour from the Company (paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible flights, we cannot pay any cancellation, amendment of other charges you may incur in relation to any flights which you have to change or cancel as a result of the cancellation of your holiday.
In addition, we will as a minimum, where compensation is appropriate, pay you the compensation set out in the compensation table depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (such circumstances are likely to include those listed in clause 13). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time).
13. Force majeure
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”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, 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, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as force majeure, and while we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
14. Our responsibility for your tour
Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in travel and that you undertake the tours featured in our programme at your own volition.
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints’ procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: the act(s) and / or omission(s) you or any member(s) of your party or the act(s) and / or omission(s) of a third party not connected with the provision of your tour and which were unavoidable and extraordinary or ‘force majeure’ as defined in clause 13.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your tour do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 16. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the tour in question.
(5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment). Where we are found liable for loss of and / or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a different limitation applies to your claim under clause 14(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the price (excluding any amendment charges and insurance premiums) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 14(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and / or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and / or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(9) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, or to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
15. PROMPT ASSISTANCE
If, while you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and / or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
16. OPTIONAL EXCURSIONS AND ACTIVITIES
We may provide you with information (before departure and / or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked tour arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They may require a waiver form to be signed. Optional excursions and activities do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a representative collects payment for or otherwise assists in booking any such activity or excursion for you, we and the representative act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 14(1) of our Booking Conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your tour and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
17. BUILDING AND DEVELOPMENT
Many resorts and hotels are continuing to develop. We will endeavour to inform you of any building work of which we are aware in advance of your tour which we consider may have a material effect on your contracted tour services. However, it may be difficult to foresee the extent and impact such activity will or may have at any particular time.
18. FLIGHT / TRANSPORT / DELAYS
The timings of air, sea, road or rail departures are estimates only. Subject to clause 12, we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. It is in recognition of the above that the Company’s specially arranged travel insurance policy offers some monetary compensation for flight delays over 12 hours to cover lost tour time or delayed return (not applicable to flights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for such services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004 – you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the CAA at www.caa.co.uk.
BROCHURE / WEBSITE / ITINERARY / ADVERTISING MATERIAL ACCURACY
The information contained in our brochure, on our website, in client itineraries and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.
Issue date: December 2019
Explore Worldwide Ltd.
Nelson House, 55 Victoria Road, Farnborough, Hampshire, GU14 7PA, UK. VAT No. 358 7552 13.
DATA PROTECTION PRIVACY STATEMENT
Explore takes your privacy extremely seriously. We are committed to doing everything we can to protect any personal information provided to us when you enquire about or book a tour or another travel service with us, when you visit our website, or when you engage with us by other means. This equally applies if someone else makes arrangements on your behalf.
For full details of what, why and how we collect and use your personal information, how we protect it and how you can contact us, see our online Privacy Centre at www.explore.co.uk/essential-information/terms-and-conditions/privacy-policy or call us on 01252 379438 so that we can send the details to you.
If you handle the arrangements for other travellers, please ensure they are aware of the information contained within our Privacy Centre and they consent to you acting on their behalf in your dealings with us.
To enable us to make tour arrangements for you, we may ask you to provide information such as:
• your name, gender, date of birth, contact details;
• your preferred rooming arrangements and other special requests (including special categories of personal data such as dietary requirements, which may disclose health matters or your religious or philosophical beliefs, and information about any disability or medical condition which may affect the chosen tour arrangements);
• the name and telephone number of an emergency contact person (whom we will only contact in urgent circumstances while you are away);
• your passport and travel insurance details;
• details of your payment card or your bank account (this information is processed using a third party payment services provider and is not stored by us).
When you call us or correspond with us about your booking, we may record the call for training and quality control purposes and / or keep information on why you contacted us, and the advice we gave you.
On your return from tour we e-mail or post a satisfaction questionnaire to you. This gives us specific feedback on any issue you may have experienced, and statistical data we can amalgamate in order to monitor the quality of our holidays;
We will need to share your data with third party service providers, used in the delivery of your purchased tour arrangements, some of which may be based outside the EEA. These providers include accommodation, restaurants and transport providers; local ground partners and agents, where we use them; equipment hire operators, including our cycling partners and guides, tutors and local attractions where booked on your behalf.
We keep the information related to your booking for a period which enables us to handle or respond to any complaints or queries and to fulfil our obligations to our third party suppliers who provided your tour arrangements. The information may also be retained so that we can continue to improve your experience with us while you engage with and purchase from us.
By law we have to keep basic information about our customers for legal and tax purposes for up to seven years after they cease being customers.
If you fail to provide personal information
Should you fail to provide data required either by law, or necessary to provide your chosen travel arrangements, we will not be able to provide the services you have booked or are attempting to book. This may result in Explore being unable to process your booking and be forced to cancel the booking. In this case, we will treat this as a ‘cancellation by you’ in accordance with the relevant Booking Conditions and notify you accordingly.
We may use your information to provide you with brochures, newsletters and other communications if you have provided your prior consent or we are permitted under an identified and assessed legitimate interest.
We sell our holidays directly to customers and so sending out brochures and other marketing communications by post from time-to-time is very important to the way we do business. We use data we have collected from bookings, brochure requests and other forms of engagement to decide what marketing information our customers may like to receive, and we have identified this as in our legitimate interest.
We do provide an opportunity to opt-out of this direct marketing during the booking or enquiry process and in subsequent communications, or you may contact us at any time to do so. We have found over the years that the majority of people welcome these communications and, those who do not are happy to let us know so we can ensure no more are sent.
If you ask us to stop sending marketing information, you may continue to receive communications for up to four weeks after your requested change while our systems are fully updated.
From time-to-time, our staff, customers and suppliers may take photographs and video footage of tours in progress, including photos and video footage of our customers. You will be invited to sign a model release form to consent to this. These images may be used in future marketing materials and stored physically and digitally. If you do not wish to be filmed or for your pictures to be taken or used in this manner, please advise the photographer at the start of your tours.
Contact us It is important that the personal data we hold about you is accurate and current. Please keep us informed if any of the details you provide to us should change during the course of your relationship with us.
If you need further assistance, would like to make a comment or update your marketing preferences, you can contact us:
• By telephone on 01252 379438
• By e-mail: email@example.com
• By mail to Data Privacy Manager, Explore, Nelson House, 55 Victoria Road, Farnborough, Hampshire, GU14 7PA, UK.
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO). You can contact them on 0303 123 1113 or go online to www.ico.org.uk/concerns.