Terms and Conditions
INSPIRE CRICKET LIMITED BOOKING CONDITIONS
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These Booking Conditions together with any other written information we brought to your attention before we confirmed your Booking (as defined below), including any documents referred to in these Booking Conditions, form the basis of your agreement with Inspire Cricket Limited trading as Inspire Travels, with registered company number: 06993354 , having its registered address at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ and Tel: +44 20 3290 9326, ATOL No: 12298. (“we”, “us”, “our”).
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Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the references to the Lead Booker (as defined below) and all persons on whose behalf a Booking is made or any other person to whom a Booking is added or transferred.
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1. DEFINITIONS AND INTERPRETATION
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1.1. In this Agreement, the following words shall have the following meanings:
1.1.1. “Activity” means the sporting activity or other activity that all or some of the you intend to participate in during the Tour.
1.1.2. “Agreement” means the agreement between us and you for the Tour, including these Booking Conditions, the Itinerary, and the Booking Confirmation
1.1.3. “Booking” means the Tour confirmed by the Lead Booker which includes the Services to be provided by us.
1.1.4. “Booking Conditions” mean these Terms and Conditions.
1.1.5. “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 or your departure point.
1.1.6. “Force Majeure Event” means any event beyond our or our supplier’s reasonable control, including but not limited to warfare and acts of terrorism (and threat thereof), riots, civil strife or unrest, significant risks to human health such as pandemics, epidemics, 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, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, suspension of the provision of Travel Services by transportation / accommodation facilities, etc., an order of a government or other public offices, or any other cause in which is beyond our reasonable control or our Agent/s or suppliers.
1.1.7. “Air Fare” mean the charges for the flights to and from the destination(s).
1.1.8. “Lead Booker” means the person (whether natural or legal), entity, body, or organisation, who is the person, entity, body, or organisation, so named on the Booking Confirmation, and/or who contracts with us for and on behalf of himself/itself and the Travellers.
1.1.9. “Services” means the services provided by us in connection with the Tour.
1.1.10. “Traveller” means any person detailed in the Booking, who will attend the Tour, provided that, if any such person is a minor, the term “Traveller” shall also include his/her parent or guardian, as applicable, even if such parent or guardian will not attend the Tour and only the minor will do so.
1.1.11. “Tour Fees” means the price of the Tour agreed between the Lead Booker and us, excluding the fees and charges due for the flights to and from the destination(s).
1.1.12. “Tour” means the holiday, including any Activity, booked by you through the Booking.
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1.2. The documents forming the Agreement are to be taken as mutually explanatory of one another.
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1.3. Clause and paragraph headings shall not affect the interpretation of this Agreement.
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2. THE LEAD BOOKER
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2.1. The Lead Booker is deemed to have the legal capacity, and all authority and power of agency to:
2.1.1. enter into the Agreement with us, for and on behalf of itself and each Traveller;
2.1.2. take all steps and make all decisions as might be necessary in respect of the Tour in general; and
2.1.3. bind itself and the Travellers in respect of any further financial obligation that may arise after the Agreement is entered into.
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2.2. We will communicate and conduct any transaction concerning the Agreement and the Tour, including but not limited to the Activity referred to in this Agreement, with the Lead Booker.
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2.3. The Lead Booker must submit to us all the information we require, including without limitation a list of the Travellers taking part in the Tour or notify us of the number of such Travellers, by the date fixed by the us.
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2.4. We will bear no responsibility for any debt or other obligation to a Traveller which the Lead Booker currently has or may have in the future.
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2.5. The Lead Booker, its duly authorised representative or a person duly nominated by the said Lead Booker must accompany the Travellers on the Tour.
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3. SCOPE OF THE AGREEMENT
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3.1. This Agreement is between us, the Lead Booker and the Travellers.
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3.2. The Lead Booker agrees on behalf of itself and all Travellers that the Lead Booker:
3.2.1. has read these Booking Conditions and that the Travellers and the Lead Booker are bound by them;
3.2.2. consents to our use of each Traveller's personal data in accordance with the applicable law and that it (the Lead Booker) is authorised on behalf of all persons named on the Booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
3.2.3. is over 18 years of age, if the Lead Booker is a natural person, and, where placing an order for Services with age restrictions, warrants and declares that the Lead Booker and each Traveller is of the appropriate age to use or receive such Services or has the consent of any parent or guardian to do so; and
3.2.4. accepts financial responsibility to make payment for the Booking on behalf of all persons detailed on the Booking.
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3.3. A contract will exist between us, the Lead Booker and each Traveller as soon as the Booking Confirmation is signed or when you pay the Non-Refundable Deposit.
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4. SERVICES
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4.1. We will provide the Services as set out in the Itinerary in consideration for the Travel Fee. We may also provide further Services in consideration for an additional fee that will be determined by us, but of which we will inform you before the Services are performed or provided as far as it is practicable.
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4.2. We can also provide you with the service of booking your airline tickets in consideration for the Air Fare, which, if accepted, will be charged in addition to the Tour Fees.
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4.3. The Services may be provided directly by us or any third party to whom we may subcontract any part of the Services with or without notice to you.
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4.4. We will not provide the following services:
4.4.1. Travel insurance and Insurance cover for any of your possessions, including, but not limited to, any sports equipment you take with you on the Tour;
4.4.2. any excursions, events or other tours/activities that you may choose to book or pay for whilst you are on the Tour, or with a third party before you travel;
4.4.3. Providing sporting equipment required for any sports activities engaged in during the Tour;
4.4.4. The cost of any required visas and passports;
4.4.5. Local tourist taxes levied in destination; and
4.4.6. Cots and food for infants under 2 years of age.
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5. YOUR FINANCIAL PROTECTION
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5.1. We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number [6613], issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.
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5.2. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information and what this means for you and who to contact if things go wrong.
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5.3. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative service). 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 the services you have bought or a suitable alternative (at no extra cost to you).
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5.4. You agree to accept that in those circumstances that an alternative ATOL holder will perform those obligations and you agree to pay any money outstanding will be paid by you under the Agreement 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).
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5.5. 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, any 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.
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6. PAYMENT AND PRICING POLICY
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6.1. You will be advised of the Tour Fees before your Booking is confirmed.
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6.2. The Tour Fees, excluding the Air Fare if any, must be paid as follows:
6.2.1. A nonrefundable deposit of GBP 200 on confirmation of the booking.
6.2.2. First 50% of the balance amount of the Tour Fees, 16 weeks before travel; and
6.2.3. final 50% of the balance amount of the Tour Fees, 8 weeks before the date of departure.
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6.3. If the Services we have agree to provide you including us booking your airline tickets,
6.3.1. the Air Fare will be payable within 3 calendar days of us making a demand for the said payment.
6.3.2. where your Booking includes budget or scheduled flights/ low cost airlines, cruises or other special arrangements, the payment required may vary up to the full ticket price.
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6.4. Some accommodation providers may also require additional deposits at the time of Booking.
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6.5. For any Bookings made within 8 weeks of the departure date, full payment must be made at the time of Booking.
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6.6. We endeavour to ensure that all the information and prices both on our website and in our promotional materials are accurate and up-to-date, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your Booking.
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6.7. If fluctuation in the Travel fee has arisen prior to the commencement of the Tour due to a revision of a fare/charge of the transportation/accommodation facilities, etc., exchange rate or any other cause, we may change the Travel Fee concerned.
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6.8. Balance due dates may vary where scheduled flights are included and where ticketing deadlines are unexpectedly brought forward. This may result in a request for earlier payment. If the deposit and/or balance are not paid on time, we reserve the right to cancel your travel arrangements, retain your deposit and cancellation charges will be due. The price of the Tour may change after you have booked due to changes in transportation costs including the cost of fuel, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates. However, there will be no change to the Travel Fee within 30 days of your departure.
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6.9. 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 by the amount over and above that, plus an administration of £1.00 per person together with an amount to cover agents’ commission.
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6.10. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements, you will have the option of accepting an alternative holiday if we are able to offer one, or cancelling and receiving a full refund of all monies paid, except for any amendment charges and Insurance charges.
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6.11. Should the price of the Tour go down due to the changes mentioned above, by more than 2% of the Tour 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 currency changes have no impact on the price of your travel dues to contractual and other protection in place.
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6.12. Any money paid to an authorised agent of ours in respect of a Booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
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7. IF YOU CHANGE YOUR BOOKING (EXCLUDING NAME CHANGES)
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7.1. If, after our final confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen date of departure 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 made in writing from the Lead Booker.
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7.2. If a change is to be made in the contents of the Agreement at the request of the Lead Booker and/or Traveller referred to in the preceding Paragraph, the Lead Booker and/or Traveller must bear an administration charge of £25 as well as any other cost required for the change in the arrangements, and pay us a fee for procedures for making a change prescribed by us. You should be aware that these costs could increase the closer to the departure date that changes are made. You should contact us as soon as possible.
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7.3. Note: Certain travel arrangements (eg. scheduled or low cost flights) may not be changeable after a reservation has been made and/or any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
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8. TRANSFER OF BOOKING
8.1. If you or any Traveller of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
8.1.1. that person is introduced by you and satisfies all the conditions applicable to the Tour;
8.1.2. we are notified not less than 7 days before departure;
8.1.3. you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
8.1.4. the transferee is deemed to be a Traveller bound by these Booking conditions and all other terms of the Agreement between us.
8.2. 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 these Booking conditions will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
8.3. Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. Changes in relation to carriers and transport are dependent on the carrier themselves and in the majority of cases airlines will not allow name changes and you would be required to purchase a new ticket.
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9. IF YOU CANCEL YOUR BOOKING
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9.1. You, or any Traveller, may cancel their travel arrangements at any time. Written notification from the person who made the Booking must be received at our offices.
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9.2. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellations charges up to the maximum shown in the table below:
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Period before departure within which written notice of cancellation is received by us Amount of cancellation chargers shown as percentageof the Tour fees*
More than 98 days 10% of the tour fees
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98-72 days 30% of the Tour Fees
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71-42 days 50% of the Tour Fees
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41-22 days 75% of the Tour Fees
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21-15 day 90% of the Tour Fees
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14 days or less 100% of the Tour Fees
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Note: if the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges.
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9.3. Bookings that include Budget/Low cost or Schedule Flights and/or cruise may incur different cancellation charges than those stated in the table above. Some accommodation providers may also require additional non-refundable deposits. Please enquire at the time of Booking.
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9.4. Where a low deposit has been paid at the time of cancellation you will be required to pay the remainder of the deposit due.
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9.5. Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
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9.6. Cancellation by You due to Unavoidable & Extraordinary Circumstances
9.6.1. You have the right to cancel your Booking before departure without paying a cancellation charge in the event of “Unavoidable and Extraordinary Circumstances” occurring at the Tour destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid 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, Commonwealth and Development Office (FCDO) advises against travel to your destination or its immediate vicinity.
9.6.2. This clause outlines the rights you have if you wish to cancel your Booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
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9.7. Cancellation due to a cause attributable to us
9.7.1. The Lead Booker or Traveller/s may cancel the Tour if it has become impossible to make arrangements for the Services due to causes attributable to us.
9.7.2. If the Tour has been cancelled in accordance with the provisions of the preceding Paragraph, we will refund the Traveller the Travel Fee already received, excluding the cost which has already been paid, or which must be paid in the future, for transportation/accommodation facilities, etc., as a consideration for the Travel Services already received by the Traveller.
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9.8. Cutting the Tour Short If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short the Tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of the Tour not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
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10. IF WE CHANGE OR CANCEL YOUR BOOKING
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10.1. It is unlikely that we will have to make any changes to your travel arrangements, as we plan the arrangements many months in advance. Occasionally we have to make changes and we reserve the right to do so at any time. Most of these changes are minor and we will advise you of them at the earliest possible date. We do use the services of independent suppliers such as hotels, airlines, over which we have no direct control.
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10.2. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if:
10.2.1. the Lead Booker has not paid the Travel Fee or made any other payment required by the prescribed date for and on behalf of the Travellers; and
10.2.2. the minimum number of Travellers required for a particular travel arrangement is not reached etc.
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10.3. However, it may be necessary to cancel your travel arrangements less than 14 weeks before your departure date, due to a Force Majeure Event, Unavoidable and Extraordinary Circumstances, failure of a supplier, or failure by you to pay the final balance by the due date. If we are unable to provide the booked Tour, 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 the table below.
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10.4. Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirementsand-guidance/ Third-Country-Operator-Certificates/) detailing air carriers that are subject to an operating ban within the UK.
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10.5. In accordance with UK regulations, in the event we have booked flights on your behalf, we are required to advise you of the actual carrier operating your flight/ connecting flight/transfer. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such change is deemed a minor change. Other examples of minor change include alteration of your outward/return flights by less than 12 hours. We will not be held responsible for any additional “out of pocket” expenses any Traveller of your party may incur due to such changes.
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10.6. When a major change occurs, we will inform you as soon as reasonably possible, if there is time before 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 changes arises due to reasons of a Force Majeure Event or Unavoidable and Extraordinary Circumstances, we will pay compensation as detailed below:
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Period before departure within which a major change or cancellation is notified to you or your travel agent Credit/ compensation per full fare paying passengers
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More than 90 days Nil
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98-43 days £10
42-29 days £20
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28-8 days £30
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7-0 days £40
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10.7. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
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11. FORCE MAJEURE EVENT
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11.1. We will not be liable for any delay or failure to perform our contractual obligations if such performance is affected by a Force Majeure Event.
11.2. 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 Bookings or Tours 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 whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to for any delay or failure to perform our obligations under these Booking Conditions or to pay you any compensation.
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12. COMPLAINTS
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12.1. If you have a problem during your Tour, it is of the utmost importance that you immediately bring it to the attention of the relevant person (for example the resort representative, hotel manager or transport agent) who will do their best to put things right. If your complaint is not resolved locally, you should contact us to advise us of the problems so that we may endeavour to resolve it. However, should a problem remain unresolved, a complaint should be made in writing within 28 days of your return home to:71-75, Shelton Street, Covent Garden, London, WC2H 9JQ and chathura.jayatissa@inspiretravels.co.uk, providing 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.
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12.2. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as any resort 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 compliant whilst you were in resort and this may affect your rights under the Agreement.
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12.3. We aim to resolve all complaints amicably, but if this is not possible your complaint can be considered in accordance with Clause 21 below.
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13. OUR LIABILITY TO YOU
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13.1. We accept responsibility as an ‘organiser’ under the Package Travel and Linked Travel Arrangements Regulations 2018.
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13.2. If the Agreement we have with you is not performed or is improperly performed by us or our suppliers we will pay you an appropriate compensation if this has affected the enjoyment of your travel arrangements. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. However, we will not be liable where any failure in the performance of the Agreement is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or circumstances beyond our control, the consequences of which could not have been avoided even if all reasonable care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
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13.3. Our liability, except in cases involving death or injury, shall be limited to a maximum amount calculated on the Travel Fee.
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13.4. Many of the services which make up the Tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your Agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
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13.5. Our liability will also be limited in accordance with and/or in identical manner to:
13.5.1. The contractual terms of the suppliers and/or companies that provide your travel arrangements, which terms are incorporated into this Agreement; and
13.5.2. 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.
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13.6. You can ask for copies of the independent suppliers’ contractual terms, or the international conventions, from our offices: 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ.
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13.7. We will have no liability for any excursions or activities that you might purchase whilst on holiday.
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13.8. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
13.8.1. 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 Agreement with you;
13.8.2. relate to any business;
13.8.3. indirect or consequential loss of any kind.
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13.9. We will not accept responsibility for services or facilities which do not form part of the Tour. For example, any excursion you book whilst away on the Tour, or any service or facility which your hotel or any other supplier agrees to provide for you.
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13.10. Where we are unable to provide a significant proportion of the Services as agreed in the Agreement, we may, where it is possible and available, offer you, at no extra cost to the Travellers, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the Booking, for the continuation of the Tour, including where the Travellers’ return to the place of departure is agreed. If such alternative arrangements result in a package of lower quality than that specified in the Agreement, we will provide the Travellers with appropriate price reductions. If we are unable to make such alternative arrangements, or the Travellers reject the proposed alternative arrangements, the Travellers will be, where appropriate, entitled to a price reduction, or compensation for damages, or both, without terminating the Agreement.
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13.11. Where a lack of conformity substantially affects the performance of the Tour and we fail to remedy the lack of conformity within the reasonable period, you may terminate the Agreement without paying a termination fee and, where appropriate, will be entitled to a price reduction, or compensation for damages, or both
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13.12. 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 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of the Tour.
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13.13. If you or any Traveller of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
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13.14. Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/ passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to any refund from us, even if you have booked your flights through us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
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13.15. If any payments to you are due from us any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 or www.auc.org.uk.
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14. PROMPT ASSISTANCE IN RESORT
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14.1. If, whilst you are on the Tour, you find yourself in difficulty for any reason, we will offer you 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 Traveller of your party, or otherwise through your or your party’s negligence.
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15. PASSPORT, VISA, IMMIGRATION AND VACCINATION REQUIREMENTS
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15.1. A full passport (valid for at least 6 months beyond the end of the Tour) is required for travel. 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 or if you are not in possession of the relevant vaccination certificates. Requirements do change and you must check the up-to-date position in good time before departure.
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15.2. It is also your responsibility to arrange adequate insurance cover for your trip and to take relevant details of the policy with you.
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16. EXCURSIONS
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Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your Tour provided by us and therefore do not form part of are not part of your Agreement with 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.
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17. TRANSPORTATION
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17.1. It is your responsibility to ensure that you arrive in good time to board all flights or other methods of transportation. To assist you we will notify you of the time by which you should arrive at all points of departure. If you miss a flight or other transportation we will try to arrange alternative transportation, but reserve the right to recover from you any costs we incur in making such arrangements.
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17.2. Any air, rail, road and other departure times are supplied by the carriers. They are subject to inter alia, air traffic control restrictions, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that departures will take place at the times shown on your tickets. The timings are estimates only. We do not have any liability to you for any delays that may arise. Further, your dealings with all carriers are subject to the conditions of the carrier, some of which may limit or exclude liability. Where we are in a position to do so, we will give information before you book concerning the airline on which you will fly, your airport of destination and type of aircraft on which you will travel. However, if any of these details change subsequently, and you choose to cancel as a result, our normal
cancellation charges will apply. Any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.
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17.3. A number of Governments are introducing new requirements for air carriers to provide personal information about all Lead Booker/Lead Bookers and Travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your Booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
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18. CHANGE IN THE TRAVELLERS OF YOUR TRAVEL GROUP
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18.1. If a change in the Travellers of the party/group has been brought up by the Lead Booker, we will comply with it to the reasonably practical extent.
18.2. The increase or reduction in the Travel Fee resulting from the change referred to in the preceding Paragraph or the cost involved in such change shall be attributed to the Travellers of the group.
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19. CONDITIONS OF TRAVEL
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19.1. We reserve the right to require any passenger to produce medical evidence of their fitness to travel. Passengers with a disability, which may require a special treatment or assistance, must advise us in writing of the condition so that appropriate advice and assistance can be given.
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19.2. NB Passengers may be refused passage as a result of failing to notify us and if appropriate arrangements cannot be made.
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19.3. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your Booking or if you did not give us full details at the time of Booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
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19.4. We have no control over the allocation of airline seats and cannot guarantee any seat requests. Baggage allowance will vary by destination-please check (with the airline used) for details. Passengers are advised that all airlines operate a non-smoking policy. You must declare pregnancy of any Traveller to us at the earliest opportunity as on certain airlines conditions and restrictions apply. Pregnant women are not permitted to travel by aircraft, typically if the pregnancy is more than 28 weeks at the anticipated return date. We reserve the right to refuse passage onboard to any person who appears to be in advanced stages of pregnancy.
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19.5. We reserve the right to determine the hotel, air-carrier, flight routing (flights will not necessarily be direct or non-stop) and airport, for all sports tours advertised.
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20. WAIVER AND INDEMNITY
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You warrant for and on behalf of the Traveller, that you and all the Travellers:
20.1. are aware and understand that the Activity is potentially dangerous and involves the risk of personal injury, pain, suffering, and/or temporary or permanent disability;
20.2. acknowledge that any injuries that you or and any of the Travellers sustain may result from or be compounded by our actions, omissions, or negligence, including negligent emergency response or rescue operations on our part;
20.3. Acknowledge, notwithstanding the risk, that you and all the Travellers knowingly and voluntarily participating in the Activity with an express understanding of the dangers involved hereby agree to accept and assume any and all risks arising from your or the Travellers’ participation in the Activity;
20.4. shall defend, indemnify, and hold us harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to your or the Travellers’ participation in the Activity; and
20.5. consent to receive medical treatment deemed necessary if you or a Traveller is injured or require medical attention during your or the Travellers’ participation in the Activity. You and the Traveller understand and agree that you and the Traveller is jointly and severally liable for all costs related to such medical treatment and any related medical transportation and/or evacuation. You and the Traveller hereby release, forever discharge, and hold us harmless from any claim based on such treatment or other medical services.
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21. GOVERNING LAW AND DISPUTE RESOLUTION
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21.1. These Booking Conditions and any Agreement to which they apply are subject to English Law.
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21.2. Both we and the Lead Booker agree that any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity of this Agreement, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules. The appointing authority shall be Centre for Effective Dispute Resolution (CEDR), of 100 St. Paul’s Churchyard London EC4M 8BU United Kingdom (Tel: +44 (0)20 7536 6000 and Email: info@cedr.com). The number of arbitrators shall be one. The place of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
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21.3. Both we and the Lead Booker agree that any breach of these Booking Conditions by a party may cause the other party irreparable harm, injury, loss and damage, the extent of which may be impossible to ascertain and which cannot be fully compensated by monetary damages. Accordingly, in addition to any other remedies the parties may have at law or in equity, the party against whom the breach is committed shall be entitled to seek injunctive or other equitable relief against the other to prevent any further or continuing breach of its rights.
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21.4. Some airlines and airports are members of alternate dispute resolution bodies (ADR). If you have any complaints against the airline, you should contact the airline and find out more about its complaints procedure and ADR mechanism. You can also find out more about this through the Civil Aviation Authority website at www.caa.co.uk/passengers
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22. TERMINATION
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Without prejudice to any other rights and remedies that may exist at law or in equity, we will be entitled to terminate the Agreement with immediate effect in the event that:
22.1. the Lead Booker or any Traveller commits a material breach of the Agreement;
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22.2. the Lead Booker or any Traveller commits a non-material breach of the Agreement that (if capable of remedy) is not remedied within 3 days of the providing notice of such breach;
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22.3. where the Lead Booker is not a natural person, where such Lead Booker ceases to carry on business, has a receiver or administrator appointed over all or any part of its assets, enters into any composition or arrangement with creditors or suffers any similar action in consequence of a debt or other liability, is unable to pay its debts as they fall due or is struck off the register of companies (or equivalent); or
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22.4. a competent authority rules any material part of the Agreement to be void and/ or unenforceable.
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23. MISCELLANEOUS
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23.1. Variation of the Agreement No variation of these terms will be valid unless confirmed in writing by us.
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23.2. FCDO Advice You are responsible for making yourself aware of FCDO advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure.
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23.3. Special Requests Any special requests must be advised to us at the time of Booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your final confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept Bookings that are conditional upon any special request being met.
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23.4. Our Responsibilities
23.4.1. In performing the Agreement, if we or our agent, in making arrangements according to these Booking Conditions, have caused damage to a Traveller intentionally or by negligence, we shall be responsible for compensating for the damage, provided that we are notified within 14 days of the day following the date of occurrence of such damage.
23.4.2. If a Traveller has incurred damage due to a natural disaster, a war, a riot, suspension of the provision of travel services by transportation/ accommodation facilities, etc., an order of a government or other public offices, or any other cause in which we or our agent is unable to intervene, we shall not be responsible for compensating for the damage except in the case referred to in the preceding Paragraph.
23.4.3. We shall not be responsible for any loss of baggage, equipment etc where the loss was due to intention or gross negligence on the part of the Traveller/s.
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23.5. Your Responsibilities
23.5.1. It is a condition of your Agreement with us that you and all Travellers of your party are adequately insured from the date that you make your booking with us. You must be satisfied that your insurance fully covers all your personal requirements including, without limitation, full Covid-19 cover, personal belongings, any pre-existing medical conditions, cancellation charges, medical expenses and repatriation costs in the event of accident or illness.
23.5.2. If you or any Traveller of your Booking has any specific medical condition, disability or reduced mobility which may affect your chosen travel arrangements then you should provide us with full details at the time of booking and before we issue our booking confirmation to you,
Page 19 of 21 so that we can advise as to any suitability or otherwise of your chosen travel arrangements. The lead name on the booking must also promptly update us of any changes that may occur after booking but prior to departure. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to inform you of this.
23.5.3. Any special requests must be advised to us at the time of booking.
Whilst every effort will be made to arrange any reasonable special requests, we cannot guarantee that they will be fulfilled and any failure to arrange a special request on our part shall not be deemed as being a breach of our Agreement with you. In particular, special requests such as low floor, sea views, etc. are not able to be guaranteed unless you have specifically booked the type of room in question. We reserve the right to decline any booking that is conditional upon any special request being met. If any damage or harm is sustained by us due to an action or an omission of a Traveller, whether intentionally or by negligence, the Traveller must compensate us for the full value of the damage caused.
23.5.4. In concluding the Agreement, the Traveller should endeavour to understand his/her rights and obligations and other contents of such Agreement, making good use of the information provided by us.
23.5.5. In order to smoothly receive the travel services mentioned in this Agreement after the commencement of the travel, should a Traveller have realized that Travel services different from those mentioned in the Agreement have been provided, he/she must promptly notify us or the provider of the travel services concerned to that effect at the place of travel.
23.5.6. We reserve the right to make a claim against you for any loss, damages, compensation, costs and expenses (including legal costs/ expenses) (“Losses”) incurred as a result of your inappropriate behaviour and you agree to indemnify us in respect of such Losses.
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23.6. Your Behaviour
23.6.1. All our customers, including you, are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any Traveller of your party is causing or is likely to cause distress, danger or annoyance to any other Traveller or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your Booking with us immediately. In the event of such termination our liability to you and/or any Traveller in your party will cease and you and/or the said Traveller will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or the said Traveller. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or the said Traveller may also be required to pay for loss and/ or damage caused by your actions and we will hold you and each Traveller of your party jointly and individually liable for any damage or losses caused by you or any Traveller of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
23.6.2. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your Booking arrangements or with us.
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