Booking Terms and Conditions
Booking Conditions Back-Roads Touring
It is our intention to set out clearly and simply the responsibilities which we at Back-Roads Touring Co Ltd (U.K. registration number 02473373) (referred to in this document as “Back-Roads Touring”, “us” or “we”) have to you, our client and which you, in turn, have to us when a contract is made between us. You should therefore read and understand the contents of this document which contains the terms and conditions of our contract with you.
Your contract will be with Back-Roads Touring Co Ltd, company number 02473373 of 2nd floor, 107 Power Road, London W4 5PY, UK which will act as the tour operator. A contract will exist as soon as we issue a confirmation invoice in response to your request for a booking and the deposit has been paid by you either to your travel agent or directly to us.
Booking your holiday
1. Bookings can be requested either through your local travel agent or with us direct and should be secured with a deposit of £60.00 (or 0) per person paid at time of booking. This deposit is non-refundable unless we cancel your tour. If you are booking within 42 days of departure, then full payment is required at the time of booking. Your booking is taken to be confirmed, and accepted, in respect of all persons travelling, when we issue a confirmation invoice. If your booking is made through a travel agent, Back-Roads Touring will address all correspondence to that travel agent. All monies paid by you to the travel agent will be held by them for and on behalf of Back-Roads Touring.
If you arrange your holiday direct with Back-Roads Touring, all correspondence and communications will be sent to the address of the first person listed in the booking file, unless you specify otherwise. Balance of all payments is required at least 6 weeks prior to your tour departure date. If you do not pay within this period we may have to treat your booking as cancelled in which case we have the right to forfeit your deposit.
2. Alterations or cancellations by you after your booking has been accepted will be subject to the provisions of clauses 7 and 9 of these terms and conditions.
3. Prices quoted in our brochure are calculated on the basis of costs and exchange rates as at 1 September 2009. These prices may go up or down to allow for variations 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 or the exchange rates applied to the particular tour and we reserve the right to alter prices and other particulars contained in our brochures and on our website accordingly. No price increase will be made within 30 days before the scheduled departure date, nor will any increases be made if variations in the above out of pocket expenses produce an increase in our costs of less than 2%. Before you make a booking however, we will give you the up to date price of your chosen holiday, which will also be updated and displayed on our website. Once you have accepted this price and a booking has been confirmed, that price is guaranteed and will not be subject to variation or surcharges unless you require changes to be made to your booking.
4. You must clearly state all your requirements at the time of booking. If you or anyone named on your booking want to change any aspect of your booking you must tell us as soon as possible, preferably in writing. We will do our best to accommodate your changes but you will have to pay a change fee of £25 per person per change. You will incur the fee if you wish to change to a tour of a shorter duration or wish to change to a tour with a different departure date. If you wish to change to a tour of a longer duration no change fee will be payable but you will need to pay the difference in the cost of the tour.
5. If a change is made to your booking less than six weeks before your scheduled departure date, cancellation fees will apply (see clause 8 below), unless you are changing to an earlier departure date of the same tour, in which case an amendment fee of £25 per person will apply. If any changes have occurred, a new invoice will be provided to you which will specify all costs associated with your booking including any cancellation/change fees.
6. If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or any other significant reason which prevents them from travelling, we will agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the tour, provided reasonable written notice (at least 21 days) is given to us of the intention to transfer the booking before the date of departure. In this case, both persons will be jointly and severally liable to us for full payment of the holiday cost (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from the transfer.
Cancellation by you or us
8. If the cancellation is within six weeks of the departure date, the following charges will apply:
|
Days before departure |
% holiday costs forfeited
|
|
Over 42 days |
Deposit
|
|
42-29 days |
40%
|
|
28-14 days |
60%
|
|
13-7 days |
80%
|
|
6-3 days |
90%
|
|
2-0 days |
100%
|
Cancellation or Modification by us
10. In the case of any material modification or cancellation, we will, if possible, provide you with the following three alternatives:
(1) an alternative tour of equivalent or superior quality and equivalent price, if available on the dates you wish to travel;
(2) an alternative tour of a lower quality together with a refund of the difference in price between the package purchased and the substitute package; or
(3) cancellation with a full refund of all monies paid including your deposit.
12. We will use our best endeavours not to materially modify or cancel the holiday within six weeks of the date of departure unless compelled to do so because of extraordinary circumstances beyond our reasonable control (referred to in this document as “force majeure” and more particularly described in clause 26 below). If material modification or cancellation is made to your holiday within six weeks of the departure date for reasons other than force majeure or non-payment by you, and you wish to accept these changes, you will receive compensation in accordance with the following table:
|
Period before scheduled departure date that we notify you or your travel agent of material modification or cancellation |
Compensation offered
|
|
Over 42 days |
nil |
|
42-29 days |
£20 |
|
28-14 days |
£30 |
|
13-7 days |
£40 |
|
6-0 days |
£80 |
13. Certain holidays may require a minimum number of participants and in the event that there are insufficient participants by the date falling six weeks before the scheduled departure date, we will be entitled to cancel the holiday upon informing you that we are doing so, whereupon all monies paid by you for your Back-Roads Touring trip shall be refunded to you, but no further compensation will be paid.
14. We reserve the right to alter or substitute the type of vehicle mentioned in the brochure, depending on the number of participants on the particular holiday or tour, which may vary from tour to tour. In general, the maximum group size is 16 clients.
Our liability to you
15. Subject to 20 below, we will accept responsibility if due to fault on our part, any part of your holiday arrangements booked before your departure from the UK is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements.
16. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents[ or suppliers]; is attributable to you; is attributable to a third party unconnected with your holiday arrangements and such failure is unforeseeable or unavoidable or such failures are 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 the supplier of services, even with all due care, could not forsee or forestall
17. For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is two times the price you as the person affected, paid for your holiday (excluding insurance premiums and change fees). [We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday.]
18. Subject to 15 above, if any failure in your holiday arrangements or damage arising from the non-performance or improper performance of the services involved in your travel package or tour relates to, or if you or any member of your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure in the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include, but are not limited to, the following: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking an aircraft. You can get copies of the relevant conventions if you ask us for them or alternatively you can view them online at www.back-roadstouring.co.uk. You should also be aware that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay to you in the event of damage, death or personal injury. You should also know that the carrier will rely upon its 'conditions of carriage' which may limit or remove the carrier's liability to you and limit compensation under international conventions.
19. Under EU law you have the right 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 directly from airlines. However reimbursement and compensation in such cases will not automatically entitle you to a refund of your holiday cost or compensation from us.
21. Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Back-Roads Touring has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions as well as any out-of-pocket expenses you incur as a result of the change or premature end to your holiday. In the event that any claim is made directly with us and notwithstanding these terms and conditions we are held to be responsible for that claim, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in clause 18 above.
22. [If however after departure, a significant portion of the services you have contracted for is not provided or we become aware that we will be unable to procure a significant proportion of the services to be provided:
22.1 we will make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under our contract with you and those supplied; and
22.2 if it is not possible to make the arrangements referred to in clause 22.2 above, or these arrangements are not accepted by you for good reasons, we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate, compensate you.
23. Every effort will be made to operate the tours in this brochure or on our website, but there may be a necessity to vary the itinerary, or delays may occur for a variety of reasons beyond our control. You will therefore need to undertake the tour of your choice with a flexible attitude.
24. All Back-Roads Touring tours are conducted in English.
Exclusion of Liability
26.1 We do not accept liability for any loss, damage or expense resulting from war or terrorist activities, threatened or actual, civil unrest, industrial action, threatened or actual, weather conditions, fire, flood, drought, closures, unforeseen alterations to public transport schedules, rescheduling of aircraft or boats, epidemic or outbreaks of illness or any other event outside our control the consequences of which could not have been avoided even if all due care had been exercised, which either delays or extends the tour, compels a change in the holiday arrangements or its cancellation.
26.2 We will not accept responsibility for any client who contravenes any law or regulation of any of the countries visited while on the tour.
27. Health and Medical Conditions
27.1 If you, or any member of your party have a medical condition or disability which may affect your holiday, we ask that you please tell us before you confirm your holiday booking so we are able to advise as to the suitability of your chosen arrangements. In any event, you must provide us with full details in writing at the time of booking of any medical conditions or disabilities that you have. If we reasonably feel we are unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking or ask for the person to be accompanied by a person who is able to provide full assistance to them throughout their tour.
27.2 It is strongly recommended that all participants on a Back-Roads tour be in good health as walking is a fundamental part of these tours. Back-Roads Touring tours are not suitable for anyone with physical disabilities, restriction of movement or senior travellers.
27.3 You should also be aware that your fellow travellers may be of a wide age range and from various nationalities.
Your liability to us
28. You must comply with all Government laws, regulations, local customs and foreign exchange regulations of each of the countries visited whilst on tour. Should we detect any contravention of any relevant law, regulation or custom, you may be asked to leave the tour without a refund of the tour fees you have paid.
29. No passenger will be permitted to embark or continue on the trip while their mental or physical condition is, in the reasonable opinion of any representative of Back-Roads Touring, such as to render him or her incapable of caring for himself or herself, or whereby they become objectionable to other passengers, or become a hazard to themselves or other passengers.
30. We will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason, nor will we be able to refund them any part of their trip cost.
31. In all cases we will notify you of the situation and the reasons why we have taken any action against or towards you. We will have no obligation to arrange for your return to the point of departure.
32. Further, if the trip involves travel by air, the captain of your aircraft can refuse to allow you to fly on the aircraft if he believes that you could be dangerous or disruptive, in which event you will not be allowed to continue on the trip and you will not receive any refund of the trip cost paid by you.
Travel Documents
33. Please ensure you carefully read your confirmation invoice, tickets and all other documents we send to you as soon as you receive them, and contact your travel agent, or us if any information appears to be incorrect. We regret that we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of us sending them to you or your travel agent. While we will do our best to rectify any changes made outside this time, it is your responsibility to meet any additional costs which may be involved, except in the case of an error made solely by Back-Roads Touring and where there is good reason for you not contacting us within the specified time.
34. Each passenger is responsible for ensuring that all necessary travel documents (eg. passports, visas, vaccination certificates etc.) are valid and effective. We strongly recommend that you verify current information with your travel agent.
Insurance
35. You must take out comprehensive travel insurance before you travel on your Back-Roads Touring tour. Your insurance must include cover for cancellation, medical and repatriation expenses, personal accident, personal baggage, money and public liability. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not sufficiently comprehensive to cover these things. Your travel insurance should be taken out at time of payment of your deposit.
36. You also agree to indemnify us against all third-party actions taken against us in respect of actions, accidents or damages caused by or to you arising from your participation in the holiday.
37. In the event of you making a claim against us for services rendered on your trip, you agree to sign over to us, any rights to take action against the supplier or any other person or party that you have a complaint or legal right against and to co-operate fully with us should we or our Insurers wish to enforce those rights which have been assigned to us.
38. In the event of you not making under your insurance policy by the date falling 5 days before the maximum length of time permitted by your policy for making claims, you shall assign, by letter sent by special delivery post to Back-Roads Touring not less than 5 days prior to the said specified maximum time, the benefit of the insurance policy to us and give immediate notice of such an assignment to the Insurer.
Complaints
39. In the unlikely event of any dissatisfaction with the accommodation or any other services provided by us, you must report it immediately to the Tour Leader so that prompt efforts can be taken to find appropriate solutions to the problem. Failure to notify the Tour Leader of any problem immediately or at the earliest opportunity in writing or any other appropriate form, may result in your ability to claim compensation from us being extinguished or at least reduced.
40. Back-Roads Touring will endeavour to give prompt assistance to any customer in difficulty, or any customer who is dissatisfied by the services being provided, while on tour.
41. Any complaint made to us after the holiday has come to an end should be made in writing within 28 days of holiday completion. In the event you do not notify us in writing within 28 days, this may affect the company's ability to investigate your complaint and may impact on the way that your complaint is dealt with.
Data Protection
42. We have measures in place to protect the personal booking information held by us. However, in order to make your booking and ensure that your travel arrangements run smoothly, we need to use the information you provide to us and pass it on to the operator or other relevant suppliers. The information may also be provided to public authorities such as customs or immigration, if required by them, or as required by law. We will only pass your information on to persons responsible for your travel arrangements.
43. This applies to any sensitive information that you give to us such as details of any disabilities, dietary requirements or religious beliefs. If we cannot pass this information on to the relevant suppliers, whether in the EU or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
Smoking
44. We operate a non-smoking policy on our coaches, although we make frequent stops for breaks.
Luggage
45. There are strict weight limits in Europe and the U.K. for coaches when fully loaded. Therefore you are only entitled to one piece of main luggage of a standard size and not weighing more than 20kg. In addition you may bring a sleeping bag (where required) and a daypack.
Financial Protection
46. All contracts with Back-Roads Touring are protected by a policy of insurance arranged by us with International Passenger Protection.
47. In the unlikely event of our insolvency, the insurer under this policy will indemnify consumers against the loss of any money paid over by them under or in contemplation of contracts for Back-Roads Touring tours and will arrange for any necessary repatriation of our customers.
General
48. No servant or representative of Back-Roads Touring has any right to alter, vary or waive any of these terms and conditions, nor do they have the right to undertake any liability whatsoever on behalf of Back-Roads Touring unless such alteration, variation, waiver or undertaking is in writing and signed by a duly authorised representative on behalf of Back-Roads Touring.
49. All contracts with Back-Roads Touring are governed by English law and are subject to the exclusive jurisdiction of the English Courts unless you are resident in Scotland or Northern Ireland, in which case proceedings may be brought in their Courts.