Tourdust Booking Terms
These booking conditions set out the terms on which you contract with Tourdust Limited whose registered office is at Tourdust Ltd, The Workbox, Wharf Rd, Penzance, Cornwall, TR18 4FG and whose registered number is 07028158. No employee or representative of the company has the authority to vary these terms and conditions. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice.* This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English and Welsh Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.**
[If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel].***
A BOOKINGS AND PAYMENTS
A deposit of 25% of the holiday cost per person is payable at the time of booking (or the full balance if booking within 8 weeks of departure). The person making the booking and signing the Booking Form (if booking through a Travel Agent), guarantees payment to us of the total cost of the holiday booked, and also does so on behalf and with the consent of all others for whom the booking is made.
You must pay the balance of your holiday cost no later than 8 weeks before your departure. If the deposit or balance is not received by the due date we reserve the right to cancel your booking and apply cancellation charges as shown in section D. We do not usually send reminders of monies owing. Late payment will incur a charge of £15 per day per booking reference. Bookings made from overseas incur a charge of £30 per booking to cover extra costs involved.
Where you book through a Retail Agent they will act to pass information from you to us and vice versa. They will also receive from you payment for your holiday. If you book through a Travel Agent, any advice given to you by the Agent which is not based on advice given by us to them is their responsibility. We do not accept liability if incorrect advice is given to you in these circumstances. If you give any information to the travel agent, it is your responsibility to ensure that the information is passed to us. Even if you book with a Travel Agent the contract for your holiday is with us, not with the Travel Agent. All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Non Cancellable Holidays: For peak date bookings (e.g. Christmas, New Year, Special Events etc.) , we will advise you of any elements of your booking which will be non cancellable and non refundable from the date of booking and full payment will required with regard to those costs at the time of booking.
B YOUR FINANCIAL PROTECTION
For flight-based holidays this is through our Air Travel Organiser’s Licence number . When you buy an ATOL protected flight 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (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.
We provide full financial protection for our non flight inclusive package holidays. There is no requirement for Financial Protection of excursions/day trips, and none is provided.
We are a Member of ABTA, membership number Y5187, and abide with ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
D YOUR HOLIDAY PRICE
We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
When you make your booking you must pay a deposit of 25% of the holiday cost per person. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
E IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £35, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. A change of holiday dates will normally be treated as a cancellation of the original booking.
Special requests sent by us by fax or email are subject to a non-refundable charge of £15. Different conditions apply for holidays with scheduled or low cost flights. Re-ticketing charges levied by scheduled/low cost airlines with regard to name changes made within 14 days of booking will incur cancellation charges on a scale of £100 upwards. Some scheduled airlines may not allow flight or name changes and may charge fees if a change is allowed. Please contact our administration department for further details.
Should a member of your party be prevented from travelling you may transfer the booking to another person(s), provided it is not less than 14 days prior to departure and you pay an amendment fee of £35, as well as any additional costs we may incur. Note: Certain travel arrangements (e.g. Hotel or Transportation Bookings) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
F IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
If you cancel your holiday
Period before departure - Cancellation charge in which you notify us:
More than 56 days - Deposit only *
More than 43 days - 50% of Holiday cost or Deposit amount, whichever greater *
More than 30 days - 75% of Holiday cost or Deposit amount, whichever greater *
30 Days or less - 100% of Holiday cost
Note: * Certain holiday arrangements (e.g. scheduled or low cost flights or business class supplements, accommodation, car hire, tours) require full payment at the time of booking and are not changeable and any alteration request will incur a cancellation charge of up to 100% of that part of the arrangements.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Certain trips and events which you book through us, particularly for key dates such as Easter or Christmas are non-refundable. Where we have advised you that a booking is non-cancellable no refund will be made for cancellation, however, we will endeavour to try and obtain a measure of refund for you from the supplier and if successful will make such refund as we are able to achieve.
G IF WE CHANGE OR CANCEL YOUR HOLIDAY
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. A significant change is one that we make to your holiday arrangements before departure that involves amending your UK departure airport (apart from between Gatwick, Heathrow, London City, Luton and Stansted), your departure date or time by more than 12 hours, your resort or your accommodation to that of a lower official rating, (except in the case of curtailment as dealt with in the section on Force Majeure). These are only examples of significant changes and there may be other changes which amount to significant changes. To help us to determine whether other changes may amount to a significant change, you must inform us in writing at the time of booking of any specific facilities which are essential to your holiday. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
If we make a major change to your holiday
Amount you will receive from us…
More than 42 days – £0
More than 28 days – £0
More than 14 days – £10
14 Days or less – £20
If we cancel your holiday
Amount you will receive from us…
More than 42 days – Monies paid
More than 28 days – Monies paid + £10
More than 14 days – Monies paid + £20
14 Days or less – Monies paid + £40
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. Force Majeure We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
H IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Tourdust Ltd, The Workbox, Wharf Rd, Penzance, Cornwall, TR18 4FG giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 3 above on ABTA.
I OUR LIABILITY TO YOU
If the Package Holiday Contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation where there has been a proven breach of duty or negligence. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements.
Our financial liability will also be limited in accordance with and/or in an identical manner to:
(a)The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b)Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices (Address & Telephone). Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
Transport by aircraft is subject to the conditions of carriage of the relevant carrier. These conditions of carriage which are subject to international agreements, may limit or exclude the carrier's liability to you. Flight timings, routings and carriers listed in this brochure are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your ticket. We are obliged to bring to your attention the existence of a 'community list' of airlines that are banned from operating within the EU. To view it go to www.europa.eu and search on banned airlines.
In the event that your flight is delayed, under EU law, the airline is responsible for the provision of any welfare in accordance with the Denied Boarding Regulations. Alternatively, you should ensure that you have taken out comprehensive travel insurance which includes a flight delay protection policy for cover for any welfare costs you incur in the event of a delay.
This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
K FOREIGN COMMONWEALTH OFFICE
We operate all our trips in accordance with the recommendations from the UK Foreign & Commonwealth Office (FCO). If you are booking from outside the UK you should recognise that the FCO advice may not always be aligned with the advice from your own consulate or government travel authority. Should the Foreign Office advise against travel to a particular country, then we will of course act upon this and reserve the right to cancel your holiday.
L PROMPT ASSISTANCE DURING YOUR HOLIDAY
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
M PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
It is a condition of your contract with us that you must take out comprehensive travel insurance suitable before you travel to cover yourself for cancellation, curtailment, injury or illness during your holiday with Tourdust Ltd. We do not check insurance policies for suitability, but reserve the right to request a copy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
O SUITABILITY & BEHAVIOUR:
It is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to compete the holiday. If you have and medical conditions, allergies or special dietary requirements you must inform us and your guide (where appropriate). We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity travel and that you undertake the treks, tours and activities of your own free will. If you decide that you are unable to continue the holiday you will be responsible for making your own alternative arrangements at your own expense. If in our reasonable opinion your behaviour is likely to cause injury, upset or distress to third party or damage to property we are entitled to terminate the holiday of the person(s) concerned, without prior notice and they will be responsible for making alternative arrangements and no refunds will be given.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Q WEBSITE, BROCHURE & ADVERTISING ACCURACY:
We make every effort to ensure the accuracy of the advertising, brochure and website information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. The information and prices shown on our website and in our brochures may have changed by the time you come to book your Arrangements. We will inform you of any changes that we become aware of, either directly or through your travel agent. However, we do limit the advice to what we feel is a significant change to your package holiday arrangements. To enable us to fulfill this, we would ask you to advise us of any particular facilities that are important to you at time of booking your holiday. Please note that some facilities and excursions may not be available at certain times due to poor weather, lack of support/demand or if it is the beginning or the end of the season. Hotels may make charges, payable locally, for such facilities. Swimming pools may be temporarily unavailable, or a hotel may decide to change meal service arrangements to buffet style of vice versa. These are by way of illustration only, and there may be other similar changes made in resort.
R HEALTH & SAFETY
The health and safety of our clients is of paramount importance to us. We request that all hotels conform with the local regulations applicable in their country for health and safety, but we are not able to guarantee that these standards will meet those enjoyed in the UK, and therefore advise that you carry out reasonable safety measures to protect yourself whilst on holiday. You can find more information on the country you are visiting on the Foreign & Commonwealth Office website at www.fco.gov.uk/travel.
S DISABILITIES AND SPECIAL REQUIREMENTS:
If you have any disability or special requirements, it is essential that you inform us at the time of booking so that we can make the appropriate enquiries about the suitability of your chosen holiday for you. If we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the booking.
T SPECIAL REQUESTS:
If you have a special request for anything that is not automatically part of your holiday, please check when you book your holiday and we will pass this information on to the suppliers we work with. Our note of your request on your invoice confirms we have received it and does not guarantee that we, or the relevant supplier, can meet your request. Where possible they will try to help you, but we cannot guarantee any request will be met, unless it is noted on your invoice and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met (e.g. special meal types on flights, etc.). We will not pay compensation where any written special request you have made to us us cannot be met by our suppliers.
U DATA PROTECTION AND PRIVACY: