Expressions Holidays booking conditions

PACKAGE HOLIDAYS
1. YOUR HOLIDAY CONTRACT

These Booking Conditions, together with our privacy policy,  together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Garland Hoff Ltd of Lynx House, Pynes Hill, Exeter EX2 5JL, registered in England no 2328857 (“the Company”, “we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(1)he/she has read these Booking Conditions and has the authority to and does agree to be bound by them.;
(2) he/she consents to our use of personal data in accordance with our Privacy Policy and 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)he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
(4) accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
A contract is made when we send our Confirmation of your booking with Confirmation Invoice to you. We may not be able to confirm some arrangements immediately (e.g. Spa treatments or rail journeys). Although, we may issue a Confirmation Invoice, a contract for any arrangements which have not been confirmed on that invoice will only be made when we confirm that those additional arrangements have been booked. If there are any changes to details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you. We reserve the right to return your deposit and decline to issue a Confirmation Invoice at our absolute discretion. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or Confirmation Invoice or any other document are wrong you must advise us or your travel agent immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).  Your contract with the Company and any matters arising from it will be governed by English law and subject to the jurisdiction of the Courts of England and Wales, unless you are resident in Scotland or Northern Ireland, in which case you may choose to bring your claim in those respective jurisdictions and be governed by their respective laws (but if you do not so choose, English law will apply).

2. YOUR FINANCIAL PROTECTION

We provide full financial protection for our package holidays. We hold an Air Travel Organiser’s Licence (ATOL number 3076) issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk. 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 on what this means for you and who to contact if things go wrong. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you buy a package holiday that does not include a flight as defined by the ATOL, The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Expressions Holidays, and in the event of our insolvency, protection is provided for the following:
1. non-flight packages and
2. flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU.

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Expressions Holidays. 

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company (membership number 5263). You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents. If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.

We are also members of the Association of Independent Tour Operators (AITO).

3. YOUR HOLIDAY PRICE AND PAYMENT

All prices in our written quotations, in our brochure and on our website are per person in £ sterling unless otherwise stated. We reserve the right to alter our prices and/or other particulars shown in our brochure or on our website prior to booking. You will be advised of the current price of the holiday that you wish to take before your contract is confirmed.
When you make a booking with us you must pay a non-refundable deposit (this is usually 10% of the holiday price for a single centre holiday or 20% of the holiday price for a holiday consisting of two or more different stays, with a minimum of £400 per person). If a booking is made within twelve weeks of departure the total cost of the holiday must be paid. Holidays including flights or travel arrangements with advance ticketing deadlines and holidays to some hotels for certain times of the year or touring holidays may require a higher initial deposit level, or staggered deposits, or even an earlier date for the balance payment - this will be made known to you at the time of booking. The deposit is accepted as part payment and the balance is due to the Company at least twelve weeks before the date of your departure from the United Kingdom. However, before your balance payment is due you may receive a revised invoice taking into account any variations (such as an increase) in transportation costs or local dues or taxes. If, for any reason, the balance is not received by us by the date due, we reserve the right to cancel your holiday at that date, in which case you will forfeit your deposit payment.
Except for flight inclusive bookings, all other monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are obliged by our conditions to be paid to us.
For flight-inclusive bookings, all other monies (except Service Fees) paid to one of our authorised travel agents for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.
Payment by American Express and Diners is not accepted.
Once you have confirmed your booking, we can change the price of your holiday, only in certain circumstances. Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. 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 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 the time period shown on your final invoice. Should the price of your holiday go down due to the changes mentioned above, 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.

4. CHANGES AND CANCELLATIONS MADE BY YOU
You, or any member of your party, may cancel your holiday arrangements at any time. Any cancellation by you of your holiday may be notified to us by telephone but must be followed in writing by letter or email from the person who made the booking or from your travel agent. Cancellation will take effect from the date it is received at the Company’s offices. Cancellation only by telephone is not acceptable. Since we incur costs in cancelling your holiday arrangements, all cancellations are subject to cancellation charges as follows:

Some arrangements and conditions imposed by suppliers will necessitate a change to this schedule of charges. Any such change will be notified to you at the time of booking.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
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 must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administrative charge of £100 per person, and any further costs 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. Certain arrangements (e.g. some flight and transport tickets, opera or theatre tickets, or prepayments made to hotels) cannot be changed after a reservation has been made and any alteration, even a name change, may incur a 100% cancellation charge of the cost of that part of the arrangements.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
If the balance payment of your holiday is not received by the due date, it will be treated as a cancellation by you, and your deposit monies are forfeited.
If, after you have paid your balance payment, you wish to change the dates of your holiday, we will do our utmost to make these changes in accordance with the details above but this will be treated as an amendment to your booking, and not a new booking. Accordingly, no monies will be refundable.
Please also refer to point 8.

5. ABANDONMENT OF YOUR HOLIDAY
If you choose to abandon the arrangements made by us on your behalf and instead to make your own arrangements, the Company accepts no liability and no refunds will be made for the services you choose not to take unless the Company is at fault. Abandonment of your holiday may also be deemed to have taken place if you miss your outward means of transportation through no fault of the Company although the Company will assist in whatever way it can to make new arrangements for you. You would have to pay for any costs incurred. Travel tickets and hotel or car-hire vouchers are only valid for the dates shown and cannot be transferred to different dates.

6. CHANGES MADE BY US
When you have made your contract with the Company, the Company will use its best endeavours to ensure that none of the components of your holiday arrangements are altered. However, it is a term of your booking that we may make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours for a holiday of 13 nights or less, or a change of up to 24 hours for a holiday of 14 nights or more, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers, change of airport within reasonable travelling distance from your home.
If we alter significantly any of the main characteristics of the travel services that make up your package, you will have the rights set out below:
1. You may accept the changes.
2. You may be offered an alternative holiday of comparable standard. (We will refund any price difference if the alternative is of a lower value).
3. You may cancel the holiday and accept a refund of all monies paid, except where the change is due to circumstances beyond our control (please also refer to Point 8) we will be entitled to deduct non-recoverable costs including our consideration. Please also refer to Point 19, Insurance.
We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled automatically or the alternatives may not remain an option.
If you choose to accept a refund:
1. We will provide a full refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy.
2. We will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Compensation will not be paid where the change is caused because the minimum number of persons, on the basis of which your holiday arrangements are costed, fail to make bookings and the Company advises you in writing 31 days before your intended departure or where the company is forced to make changes because of unusual and unforeseeable events beyond the Company’s control (see Point 8). Infants (under 2 years of age) do not receive compensation.
You are obliged to inform the Company within 48 hours of receiving notification of the proposed changes of your decision.

7. CANCELLATIONS MADE BY US
The Company reserves the right to cancel your holiday arrangements but will not do so less than twelve weeks before your departure date except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance, or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Please refer also to point 8.
If your holiday is cancelled, you can either
1. Accept an alternative holiday of comparable standard from us (we will refund any price difference if the alternative is of a lower value).
2. You may cancel the holiday and accept a refund of all monies paid, except where the cancellation is due to circumstances beyond our control (please also refer to Point 8) we will be entitled to deduct non-recoverable costs including our consideration. Please also refer to Point 19, Insurance.
In the event a refund is paid to you, we will
1. Provide a full refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy.
2. Pay compensation as detailed in Clause 6 except where the cancellation is due to unavoidable and extraordinary circumstances.
This does not exclude you from claiming more if you are entitled to do so.
The Company reserves the right to terminate your holiday without any obligation to refund or make alternative arrangements where, in our reasonable opinion or that of someone in authority such as the captain of your aircraft or the manager at your hotel, your behaviour is likely to cause danger or annoyance to others or where the Company does not receive your payment in accordance with Clause 3.

8. IN THE EVENT OF UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
It may happen before departure that the confirmed holiday cannot take place due to “unavoidable and extraordinary circumstances”. This will only apply where there is a situation beyond our control and the consequences of which could not have been avoided even if all reasonable measure had been taken.
If this situation does arise, there may be unrecoverable costs including our consideration which will not be refunded. There may also be costs or expenses you incur as a result. In anticipation of such events, it is a condition of booking with us that you have adequate insurance in place. In the first instance, a claim should be made to your insurance provider.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
For the avoidance of doubt, FCDO advisories against travel to a country, and any travel disruption which may be caused by the Covid-19 outbreak, may not be considered unavoidable or extraordinary circumstances.

9. OUR LIABILITY TO YOU FOR PACKAGE HOLIDAYS
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our 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 travel services that make up your package. These terms are incorporated into this booking; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the travel service contractual terms, or the international conventions, from us. 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 will be publicised at EU airports and are 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 these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any service made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
N.B. This entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

10. OUR RESPONSIBILITY FOR ARRANGEMENTS NOT FORMING PART OF A PACKAGE
Where you do not buy a package holiday from us but book only one element of your holiday arrangements, such as accommodation (with minor transfers) or transport, our responsibility is solely to ensure that the element booked with us is as described by us and is of a reasonable standard. We shall have no responsibility for any arrangements which you make yourself.

11. EXCURSIONS AND ACTIVITIES NOT FORMING PART OF A PACKAGE
Excursions, activities or other tours that you may choose to book and pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursions, activities 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.
Some excursions/activities may contain an element of risk or require a good level of physical fitness and, if in doubt, you should make direct enquiries of the local supplier before deciding to buy and check that you are covered by your travel insurance policy

12. OUR BROCHURE AND WEBSITE
The Company confirms that information contained in our brochures and on our website is given in good faith and believed correct at the time it is given. If any facilities referred to are withdrawn, altered or restricted we will advise you before you book or as soon as the Company is notified by the supplier of the changes. Facilities may be withdrawn for maintenance purposes or because of public holidays or adverse weather conditions, without notice to us, and the Company does not accept liability for this. We endeavour to ensure that all the information and prices both on our website [and in our brochures] are accurate, 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.

13. IF YOU HAVE A COMPLAINT
If you have a complaint about any of the services included in your holiday, you must inform us (a 24-hour emergency number is provided with your holiday documentation) without undue delay and at the same time, you should also report the complaint to the supplier of the services. This is so that all reasonable steps can be taken to resolve the matter during your holiday. (Please note that overseas representatives are not employees of the Company and you should not merely report your complaint to them without informing the Company in London at the same time). The Company’s right to be able to try to remedy the situation and put things right during your holiday forms part of this contract and it is therefore your obligation to inform us of any problem during your holiday and to continue to inform us so that we can remedy the situation for you. 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. If your complaint is still not resolved locally, notification should be made to the Company in writing and for your own peace of mind by pre-paid recorded delivery within 28 days of the date scheduled for the end of your holiday.

14. ADDITIONAL ASSITANCE
If you are in difficulty whilst on holiday and ask us to help, we will provide appropriate assistance, in particular by providing you information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

15. DATA PROTECTION
For the purpose of this clause, Data Protection Legislation means: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018. We acknowledge that for the purposes of the Data Protection Legislation, the Company is the data controller with respect to personal data which you provide to us or we collect from you. Where we process such personal data we shall do so in accordance with our Privacy Policy and in compliance with the Data Protection Legislation. We may process your personal data (i) as a legitimate interest of our business to provide our services to you through the Website; (ii) in order to perform the contract for services entered into with you under these Terms and Conditions. We may send you electronic or printed communications where we have received your consent to do so and such consent may be withdrawn at any time by contacting us. Our Privacy Notice sets out in further detail the categories of your personal data which we may process and our legal basis for processing it. We may process your personal data, which is either sensitive personal data or special category personal data where you have given explicit consent to the processing of such personal data for one or more specified purposes. Our Privacy Notice sets out in further detail the special categories of personal data which we may process and our legal basis for processing it. Where we use data processors we shall ensure that we enter into contracts with such data processors which are compliant with the Data Protection Legislation.

16. 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 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.

17. ADVANCE PASSENGER INFORMATION
A number of Governments are introducing new requirements for air carriers to provide personal information about all 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.

18. PASSPORT, VISA AND HEALTH REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements (and any associated costs) 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 the responsibility of the party leader to ensure you are aware of all recommended vaccinations and health precautions in good time before departure and these recommendations are subject to change at any time. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org

Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.uk

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. 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.

You are advised most strongly to consult the Foreign, Commonwealth and Development Office before booking your holiday and to check regularly its updated travel information including visa, health and security details, on its website www.gov.uk/foreign-travel-advice

19. TRAVEL INSURANCE
It is your responsibility to ensure that you are adequately insured and it is a condition of booking with us that you have insurance adequate to your needs, which covers the entire cost of the booking and includes cover for, among others, personal injury, death, medical and repatriation costs for the countries you intend to visit, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure, travel disruption, and assistance abroad. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We reserve the right to view a copy of your insurance policy at any time.

ACCOMMODATION ONLY/NON-PACKAGE BOOKINGS
1. YOUR CONTRACT
Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Garland Hoff Ltd of Lynx House, Pynes Hill, Exeter, EX2 5JL.
Your contract with the Company and any matters arising from it will be governed by English law and subject to the jurisdiction of the Courts of England and Wales, unless you are resident in Scotland or Northern Ireland, in which case you may choose to bring your claim in those respective jurisdictions and be governed by their respective laws (but if you do not so choose, English law will apply).

2. YOUR PRICE AND PAYMENT
All prices in our written quotations, in our brochure and on our website are per person in £ sterling unless otherwise stated. We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed. When you have chosen your accommodation and you make a request to us to book it, you must pay a deposit of £500 or 20% (whichever is greater) of the full cost of the booking or the full cost of the booking if you are booking within 12 weeks of your arrival date. Your booking is confirmed and a contract between us exists when we issue our confirmation invoice. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the cost of your accommodation is due 12 weeks before departure. If it is not received by the due date, we will cancel your booking and retain your deposit. The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable direct to the hotel.
Payment by American Express and Diners is not accepted.

3. YOUR RESPONSIBILITY FOR YOUR BOOKING
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(1) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them.;
(2) he/she consents to our use of personal data in accordance with our Privacy Policy and 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) he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
(4) accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
A contract is made when we send our confirmation of your booking with confirmation invoice to you.

4. CHANGES AND CANCELLATIONS MADE BY YOU
You, or any member of your party, may cancel your booking at any time. Any cancellation by you of your booking may be notified to us by telephone but must be followed in writing by letter or email from the person who made the booking or from your travel agent. Cancellation will take effect from the date it is received at the Company’s offices. Since we incur costs in cancelling your booking, all cancellations are subject to cancellation charges as follows:

Please note that these are our standard cancellation charges but variations to these will be notified to you at the time of booking if necessary.
If, after our confirmation invoice has been issued, you wish to change your booking 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 must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administrative charge of £100 per person, and any further costs 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. Certain arrangements (e.g. prepayments made to hotels) cannot be changed after a reservation has been made and any alteration may incur a 100% cancellation charge.

5. ABANDONMENT
If you choose to abandon the arrangements made by us on your behalf and instead to make your own arrangements, the Company accepts no liability and no refunds will be made for the services you choose not to take unless the Company is at fault.

6. CHANGES MADE BY US
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 accepting the change of accommodation, or you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive), or a refund of the money you’ve paid to us. These options don’t apply for minor changes and they don't apply as a result of unavoidable and extraordinary circumstances (see point 8). Examples of minor changes include, but are not limited to, change of accommodation to another of the same or higher standard, temporary withdrawal of facilities or seasonal unavailability of amenities.
You are obliged to inform the Company within 48 hours of receiving notification of the proposed changes of your decision.

7. CANCELLATIONS MADE BY US
We reserve the right to cancel your booking but will not cancel your booking less than 12 weeks before your departure date, except for reasons that are beyond our control, or failure by you to pay the final balance. If we do have to cancel your accommodation, we may be able to make an offer of alternative accommodation of comparable standard, (we will refund any price difference if the alternative is of a lower value, or if it is higher in value, you may be asked to pay the difference), or a refund of the money you’ve paid to us (except where cancellation occurs as a result of unavoidable and extraordinary circumstances. See point 8). Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us.

8. IN THE EVENT OF UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
It may happen before departure that the confirmed holiday cannot take place due to “unavoidable and extraordinary circumstances”. This will only apply where there is a situation beyond our control and the consequences of which could not have been avoided even if all reasonable measure had been taken.
If this situation does arise, there may be unrecoverable costs including our consideration which will not be refunded. There may also be costs or expenses you incur as a result. In anticipation of such events, it is a condition of booking with us that you have adequate insurance in place. In the first instance, a claim should be made to your insurance provider.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
For the avoidance of doubt, FCDO advisories against travel to a country, and any travel disruption which may be caused by the Covid-19 outbreak, may not be considered unavoidable or extraordinary circumstances.
No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us.

9. OUR RESPONSIBILITY FOR YOUR BOOKING
We have a duty to select the accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations:
i. where the accommodation cannot be provided as booked due to circumstances beyond our control.
ii. where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
iv. where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.

10. BEHAVIOUR
When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.

11. OUR BROCHURE AND WEBSITE
The Company confirms that information contained in our brochures and on our website is given in good faith and believed correct at the time it is given. If any facilities referred to are withdrawn, altered or restricted we will advise you before you book or as soon as the Company is notified by the supplier of the changes. Facilities may be withdrawn for maintenance purposes or because of public holidays or adverse weather conditions, without notice to us, and the Company does not accept liability for this. We endeavour to ensure that all the information and prices both on our website [and in our brochures] are accurate, 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.

12. IF YOU HAVE A COMPLAINT
If you have a complaint about any of the services included in your holiday, you must inform us (a 24-hour emergency number is provided with your holiday documentation) without undue delay and at the same time, you should also report the complaint to the supplier of the services. This is so that all reasonable steps can be taken to resolve the matter during your holiday. (Please note that overseas representatives are not employees of the Company and you should not merely report your complaint to them without informing the Company in London at the same time). The Company’s right to be able to try to remedy the situation and put things right during your holiday forms part of this contract and it is therefore your obligation to inform us of any problem during your holiday and to continue to inform us so that we can remedy the situation for you. 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. If your complaint is still not resolved locally, notification should be made to the Company in writing and for your own peace of mind by pre-paid recorded delivery within 28 days of the date scheduled for the end of your holiday.

13. DATA PROTECTION
For the purpose of this clause, Data Protection Legislation means: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018. We acknowledge that for the purposes of the Data Protection Legislation, the Company is the data controller with respect to personal data which you provide to us or we collect from you. Where we process such personal data we shall do so in accordance with our Privacy Policy and in compliance with the Data Protection Legislation. We may process your personal data (i) as a legitimate interest of our business to provide our services to you through the Website; (ii) in order to perform the contract for services entered into with you under these Terms and Conditions. We may send you electronic or printed communications where we have received your consent to do so and such consent may be withdrawn at any time by contacting us. Our Privacy Notice sets out in further detail the categories of your personal data which we may process and our legal basis for processing it. We may process your personal data, which is either sensitive personal data or special category personal data where you have given explicit consent to the processing of such personal data for one or more specified purposes. Our Privacy Notice sets out in further detail the special categories of personal data which we may process and our legal basis for processing it. Where we use data processors we shall ensure that we enter into contracts with such data processors which are compliant with the Data Protection Legislation.

14. 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 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.

15. PASSPORT, VISA AND HEALTH REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements (and any associated costs) 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 the responsibility of the party leader to ensure you are aware of all recommended vaccinations and health precautions in good time before departure and these recommendations are subject to change at any time. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org
Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.uk
You are advised most strongly to consult the Foreign and Commonwealth Office before booking your holiday and to check regularly its updated travel information including visa, health and security details, on its website www.gov.uk/foreign-travel-advice

16. TRAVEL INSURANCE
It is your responsibility to ensure that you are adequately insured and it is a condition of booking with us that you have insurance adequate to your needs, which covers the entire cost of the booking and includes cover for, among others, personal injury, death, medical and repatriation costs for the countries you intend to visit, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure, travel disruption, and assistance abroad. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We reserve the right to view a copy of your insurance policy at any time.