Terms and Conditions
BOOKING CONDITIONS - Dragoman Overseas
Travel Ltd.
Valid from 1st December 2012
1. TERMS USED
a) These conditions apply to all tours sold
by or through The Imaginative Traveller (hereinafter called ‘Imaginative
Traveller’). Imaginative Traveller is a trading name for Dragoman Overseas
Travel Ltd. The “Company”, “we”, “us” and “our” is Dragoman Overseas Travel
Ltd. a company registered in England with limited liability. Registered office:
Camp Green, Debenham, Suffolk, IP14 6LA. UK Reg. Number: 2732524. Dragoman
Overseas Travel Ltd. is a UK based company and all contracts are subject to
English law. Dragoman Overseas Travel Ltd is a member of The Dragoman Travel
Ltd Group of Companies
The tours described in this brochure are
sold by Imaginative Traveller. They are operated on the ground either by
Imaginative Traveller itself, Dragoman Overseas Travel Ltd or a number of
associated adventure tour companies and partners.
b) The “Client”, “you” and “your” is all
persons named on the booking (including anyone who is added or substituted at a
later date) or any of them, as the context requires.
c) The “lead name” is the person who makes
the booking on behalf of everyone travelling on the booking. The lead name must
be at least 18 at the time of booking.
d) A “tour” is any expedition, safari,
tour, trip or combination of sectors that has its own reference as shown in the
brochure or website which you book with us in the UK and which we agree to
arrange, provide or perform, as applicable, as part of our contract with you. A
“flight inclusive tour” is any tour which includes international flights booked
through us at the same time as the rest of the tour arrangements.
e) “Force majeure” is any event or
circumstances which we or the supplier of the service(s) affected could not,
even with all due care, foresee or avoid. Such events may include, whether
actual or threatened, war, riot, civil strife, terrorist activity, industrial
dispute, natural or nuclear disaster, adverse weather or road conditions, fire,
bureaucratic obstacles, changes in schedules or mode of transport by ferry
companies, airlines, bus or train operators
and all similar events outside our control.
2. THE CONTRACT
a) A contract between us only comes into existence after we receive
a deposit of £200 (or £650 for Gorilla/Kilimanjaro
or £400 for Inca Trail trips) or 10% of the cost of the tour, whichever is the greater,
and dispatch, by post or electronically, to the lead name or your travel agent
a confirmation invoice. The lead name must be authorised to make the booking on
the basis of these booking conditions by all persons listed on the booking (and
their parent or guardian for anyone under the age of 18 at the time of booking)
and is responsible for ensuring that all those listed have read the booking
conditions and agree to abide by them. The lead name is responsible for making
all payments due to us.
b) No persons, organisation or employee of
the Company has any authority to vary any of these booking conditions, or any
information, itineraries, dates and prices, etc., printed in this brochure.
c) We reserve the right to decline any
booking at our discretion.
d)
Please check your confirmation invoice carefully as soon as you receive
it. Contact us immediately if any
information which appears on the confirmation or any other document appears to
be incorrect or incomplete as it may not be possible to make changes
later. We regret we cannot accept any
liability if we are not notified of any inaccuracies (for which we are
responsible) in any document within 10 days of our sending it out (5 days for
tickets). We will do our best to
rectify any mistake notified to us outside these time limits but you must meet
any costs involved in doing so.
e) Where you book through our website, any
electronic acknowledgement of your booking is not a confirmation of it. Your
booking is confirmed when we send the confirmation invoice to the lead name
electronically.
3. PAYMENTS
a) If you book your tour more than 60 days
before the departure date, you must pay a deposit of £200 or 10% of the cost of
the tour, whichever is the greater, at the time of booking. For trips which
include an Inca Trail Trek, Kilimanjaro or a Gorilla Trek, the deposit is a minimum £650 (Gorilla/Kilimanjaro) or £400 (inca Trail) or
10% of the tour price, (whichever is greater) and is non refundable. The
balance of the tour cost must be paid not later than 60 days before the
departure date of the first tour booked, otherwise we are entitled to treat the
booking as cancelled by you in which case the cancellation charges shown below
will be payable.
b) If you book your tour less than 60 days
before the departure date, you must pay the full tour cost at the time of
booking.
c)
For flight inclusive tours, all monies you pay to one of our UK
authorised travel agents for your tour will be held on our behalf until they
are paid to us. For all other tours, all monies you pay to such travel agents
for your tour will be held by the agent on your behalf until we dispatch our
confirmation invoice. After that point,
your agent will hold the monies on our behalf.
d) Payments for flights are not included in
the tour cost or the tour deposit and so are in addition.
e) Please note that credit card payments
are subject to extra charges of up to 2.35%.
4. CANCELLATIONS OR CHANGES BY YOU
i.
If you wish to cancel your tour (see definition of tour above),
a) The lead name must inform us in writing.
Cancellation charges are calculated on the day written notification is received
by us. The table below shows the number of days before the tour departure date
that the Company receives written notification of a cancellation, and the
percentage of the total tour cost, including any surcharges but excluding any
amendment fees, insurance premiums, non-refundable deposits on tours and
upfront flight costs (all of which are non refundable), that will be payable as
cancellation charges:
Days %
charge
More than 60 loss of deposit (see earlier)
30 to 59 60%
less than 30 100%
b) Cancellation fees for air tickets issued
by or on behalf of Imaginative Traveller will apply as determined by Airline
Tariff Regulations and will vary depending on the type of ticket issued. This
can be as much as 100% after purchase.
In addition, Imaginative Traveller cancellation charges may apply.
c) Hotels, transfers and other add ons will
incur cancellation charges depending on circumstances but may be up to 100%.
Depending on your reason for cancellation,
these charges may be recoverable under your insurance policy.
d) No refunds will be made if you leave a
trip for any reason after the trip has begun. This includes refunds for any
unused sector(s) or sections if you have booked a combination of individual
trips.
ii. If you wish to change your booking in
any way, the following fees will apply:
a) If you want to transfer from one tour to
another (see also Tailor Made Tours below), you must inform us in writing
together with a completed, signed booking form (and increased deposit if
necessary) for the tour to which you wish to transfer. If we receive written
notification 60 days or more before the departure date of the original tour, an
administration charge of £75 per person will be made, plus any other
non-recoverable charges or expenses. If we receive written notification less
than 60 days before the departure date, all transfers will be treated as cancellations
and subject to the scale of cancellation charges shown in clause 4 i. a). If
you subsequently cancel the new tour, cancellation charges will be calculated
on whichever tour is of the greater value.
b) Amendments to your booking, in relation
to any other arrangements made in conjunction with your tour (e.g. pre- and
post tour accommodation, transfers, flights etc), received by Imaginative
Traveller within 60 days prior to tour departure date will be subject to a £35
administration fee per change. This fee is in addition to any charges levied by
ground operators, hotels or airlines.
c) If you are prevented from travelling on
the tour, you may transfer your booking to another person provided they meet
all the requirements relating to that holiday. A transfer from one person to
another is also dependent on the availability of tickets, permits and other
travel arrangement, as some of these are regulated by local law and are not
transferable from one person to another. A transfer fee of £100 is payable, and
additional costs such as airline tickets and permit fees may also be payable.
Both the person who was originally to take the holiday and the person who
actually takes it will be responsible for the payment of the amendment charges
and any outstanding balance due in respect of the holiday price and you will
also be responsible for any additional costs that are incurred as a reason of
substitution or transfer.
On some trips it is not possible for us
to accept late bookings as they are subject to availability.
d) All deposits paid on trips where Gorilla
or Kilimanjaro permits are obtained or that include an Inca Trail Trek are non refundable.
iii. Ammendments and Transfers for Tailor
Made Tours:
a) If you make any changes to Tailor Made
tours there are likely to be charges made by our ground operators. These will
depend on the nature of the changes and the time before departure.
b) If you wish to transfer a Tailor Made
tour, this will be looked at on an individual basis and if a transfer is not
possible it will be treated as a cancellation and therefore will be subject to
cancellation charges.
5. CANCELLATIONS OR CHANGES BY US
a) We reserve the right to cancel your
booking or change any of the facilities, services or prices described in our
brochures or website. We will endeavour to advise you of any changes known at
the time of booking.
The information about trips given in this
brochure is subject to change. Where practical, any changes will be reflected
in the Trip Notes that are sent to you with your Final Documentation. It is
your responsibility to review the up-to-date Trip Notes sent to you with Final
Documentation. If you make a booking less than 60 days before departure you
must ensure you are fully aware of the contents of the Trip Notes. The
information and conditions in the Trip Notes will be deemed to be part of the
contract.
b) We plan the arrangements for your tour
many months in advance and may occasionally have to make changes, sometimes at
short notice, most of which are minor. Flight timings and carriers shown in the
brochure are subject to change. A change of carrier will not be considered a
major change. If a significant change becomes necessary, we will advise you of
the change as soon as possible. Whether a change is ‘significant’ depends on the
nature of the tour and may include: alteration to the scheduled departure or
return time of your flight by more than 12 hours (but not a flight delay); a
change to a lower standard of accommodation; or a change of departure airport
(excluding a change between London airports). When a significant change occurs,
you will have the choice of either accepting the change, or accepting a
replacement tour from us of equivalent or closely similar standard and price,
or cancelling your tour, in which case we shall refund you in full. In all
cases, except where a significant change arises from circumstances amounting to
force majeure or consolidation, we will pay you compensation as appropriate.
c) Compensation will not be payable if we
are forced to cancel, or in any way change your tour for reasons of
consolidation due to minimum numbers not being attained or force majeure.
Operation of all tours is dependent on a minimum number of persons booking the
tour. If that number is not achieved, we reserve the right to cancel the tour.
Your trip may be varied at short notice, even after its commencement. Changes
may occur because of Force Majeure, poor road conditions, weather, the
availability of tickets, vehicle breakdowns, changes in transport schedules, or
other circumstances beyond Imaginative Traveller control. Imaginative Traveller
does not accept any responsibility for loss of enjoyment, delays or
compensation resulting from changes due to Force Majeure or any reasons beyond
Imaginative Traveller control. Group sizes may also vary.
In no circumstances will we cancel your
tour less than 4 weeks before the scheduled departure date except for reasons
of consolidation, force majeure or failure on your part to pay the final
balance. We strongly recommend that you make no travel arrangements to your
point of departure, make any connecting travel that is non-refundable or
non-changeable or incurs penalties or incur any costs in respect of visas or
vaccinations until such time as your travel itinerary has been confirmed. If you
make such arrangements which you are then unable to use due to a change in your
itinerary we shall not be liable to you for the cost of those arrangements. If
we are forced to cancel your holiday after departure we will, wherever
possible, make suitable alternative arrangements. If we are unable to make such
alternative arrangements, or you reject these for good reason then we will
return you to your point of departure and refund you for any unused services,
if appropriate.
d) In the event of cancellation by us, we
will offer you the choice of (i) purchasing an alternative tour from us, of a
similar standard to that originally booked if available or (ii) receiving a
full and quick refund of all monies you have paid to us. Where possible, we
will offer you at least one alternative tour of equivalent or higher standard
for which you will not be asked to pay any more than the price of the original
tour. If this tour is in fact cheaper than the original one, we will refund the
price difference. If you do not wish to accept the tour we specifically offer
you, you may choose any of our other then available tours. You must pay the
applicable price of any such tour. This will mean your paying more if it is
more expensive or receiving a refund if it is cheaper
e) If we have to cancel, we will, where
compensation is appropriate, pay you the compensation payments shown in clause
5f below, depending on the circumstances and when the significant change or
cancellation is notified to the lead name or your travel agent subject to the
following exceptions.
f) If we have to make a significant change
we will, where compensation is appropriate, pay you the compensation payments
set out in the table below depending on the circumstances and when the
significant change is notified to you subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the above
mentioned choices can be accepted where we are forced to make a change as a
result of unusual and unforeseeable circumstances beyond our control, the
consequences of which we could not have avoided even with all due care. The
table below shows the number of days you are told before the tour departure
date and the compensation payable:
Days Compensation
More than 60 Nil
Between 28 and 59 £15
Between 15 and 27 £25
Less than 15 £35
g) We reserve the right to use alternative
forms of transport and/or vary the itinerary if force majeure, breakdown,
accident, sickness, etc. make such a change necessary.
h) Because of the nature of the areas we
travel through, significant changes can and do occur after departure, over
which we have no control. On rare occasions, force majeure may require us to
curtail a tour before its scheduled end. We will organise contingency
itineraries but, where force majeure occurs, cannot be held responsible for
compensation or additional expenses or offer any refunds (unless we obtain any
refunds from our suppliers) in respect of any unused services.
i) All changes which are not significant
are treated as minor changes. Minor changes may occur at any time before or
after the tour departure date. While we will make reasonable efforts to inform
you of minor changes, we are under no obligation to do so. No compensation will
be paid and the options set out in clause 5b) will not be available where a
change is a minor one.
6. PRICES
a) We reserve the right to vary and correct
errors in prices at any time before the contract has been made and, in the
event that it does so, will advise you at the time of booking.
b) Once the price of your chosen tour has
been confirmed at the time of booking, then subject to the correction of
errors, we will only increase or decrease the price in the circumstances set
out in this clause. Price increases or
decreases after booking will be passed on by way of a surcharge or refund. A
surcharge or refund (as applicable) will be payable, subject to the conditions
set out in this clause, in the event of any change in our transportation costs
or in dues, taxes or fees payable for services such as landing taxes or
embarkation or disembarkation fees at ports or airports or in the exchange
rates which have been used to calculate the cost of your tour.
c) Even in the above cases, only if the
amount of any increase in our costs exceeds 2% of the total cost of your tour
(excluding insurance premiums and any amendment charges) will we levy a
surcharge. If any surcharge is greater
than 10% of the cost of your tour (excluding insurance premiums and any amendment
charges), you will be entitled to cancel your booking and receive a full refund
of all monies you have paid to us (except for any amendment charges) or alternatively purchase another tour from us
as referred to in clause 5.
d) Where applicable, you have 7 days from
the issue date printed on the surcharge invoice to tell us if you want to
purchase an alternative tour or cancel.
If you do not tell us or your travel agent that you wish to do so within
this period of time, we are entitled to assume that you agree to pay the
surcharge. Any surcharge must be paid with the balance of the cost of the tour
or within 14 days of the issue date printed on the surcharge invoice, whichever
is the later.
e) A refund will only be payable if the
decrease in our costs exceeds 2% of the total cost of your tour as set out
above. Where a refund is due, we will pay you the full amount of the decrease
in our costs.
f) We promise not to levy a surcharge
within 30 days of departure. No refund
will be payable during this period either.
g) Not included in the tour price.
Airfares, visas and passport fees, airport taxes, additional hotel
accommodation, laundry, postage, drinks, medical expenses, travel insurance,
telephone calls, gratuities to staff and crew.
7. ITINERARIES
a) The itineraries and other details are
published in good faith as statements of intention only and reasonable changes
in the itinerary, vehicle and equipment use, etc. may be made where we deem
necessary or advisable.
b) If any additional expenses are incurred
through delays, accidents or disruption of planned itineraries because of force
majeure or considered advisable by us, such expenses are to be borne by you.
c) You accept that force majeure may
prevent us from supplying or performing services and/or itineraries as
described.
d) Except where otherwise expressly stated
in these booking conditions, we regret we cannot accept liability or pay any
compensation where the performance or prompt performance of our obligations
under our contract with you is prevented or affected by or you otherwise suffer
any damage, loss or expense of any nature as a result of force majeure.
e) No refund will be made for unused
services included in the tour cost.
f) Imaginative Traveller operates trips in
regions where standards of accommodation, transport, safety, hygiene, medical
facilities and other infrastructure may, at times, be lower than those you
normally expect. Please bear this in mind when making your booking.
8. COMPLAINTS & CONSUMER PROTECTION
a) If you have a complaint about your tour,
in the first instance you should inform the tour leader or our local partner so
that remedial action can be taken if possible. Should an immediate resolution
not be possible to your satisfaction, please contact
customerservices@imtrav.net. You should also notify any supplier concerned
verbally and, if appropriate, in writing. If you remain dissatisfied, you must
provide us with full details of your complaint in writing within 28 days of the
tour finish date. You should write to the registered office of the Company as shown
in Clause 1,a.
b) For clients who book in the UK
(including by our website from overseas), any disputed and unresolved complaint
may be referred to the low-cost AITO Independent Dispute Settlement Service
(details available on request). Claims which exceed £1500 per person or £7500
per booking or which arise principally or exclusively in respect of (or as a
consequence of) illness or physical injury are not admissible for settlement
under the service.
c) We both agree that English law (and no
other) will apply to your contract and to any dispute, claim or other matter of
any description which arises between us (“claim”) except as set out below. We
both also agree that any claim must be dealt with by the AITO Dispute
Settlement Service or the Courts of England and Wales only unless, in the case
of Court proceedings, you live in Scotland or Northern Ireland. In this case,
proceedings must either be brought in the Courts of your home country or those
of England and Wales. If proceedings are brought in Scotland or Northern
Ireland, you may choose to have your contract and any claim governed by the law
of Scotland/Northern Ireland as applicable (but if you do not so choose,
English law will apply).
d) When you buy an ATOL protected *air
package or flight from Imaginative Traveller you will receive a confirmation
invoice from us (or via our authorised agent through which you booked)
confirming your arrangements and your protection under our Air Travel
Organisers’ Licence number 4157. In the unlikely event of our insolvency, the
CAA will ensure that you are not stranded abroad and will arrange to refund any
money you have paid to us for an advance booking. For further information visit
the ATOL website at www.atol.org.uk Please note: Not all tour or travel services
offered and sold by us will be protected by the ATOL scheme
*The air inclusive tours and flights we
arrange are ATOL protected providing either the person who pays for the booking
is present in the UK when the booking is made or the first leg of any flight or
flights we arrange for you commences in the UK. For further information, visit the ATOL website at
www.atol.org.uk.
e) As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), Dragoman Overseas Travel Limited has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tour Regulations 1992. In the event of Dragoman Overseas Travel Limited's insolvency, protection if provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Dragoman Overseas Travel Limited. In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-stop package.
9. OUR RESPONSIBILITY
a) All information in this brochure and on
our website has been compiled with reasonable care and is published in good
faith.
b)
We promise to make sure that the tour arrangements we have agreed to
make, perform or provide as applicable as part of our contract with you are
made, performed or provided with reasonable skill and care. This means that,
subject to these booking conditions, we will accept responsibility if, for
example, you suffer death or personal injury or your contracted tour
arrangements are not provided as promised or prove deficient as a result of the
failure of ourselves, our employees, agents or suppliers to use reasonable
skill and care in making, performing or providing, as applicable, your
contracted tour arrangements. Please note, it is your responsibility to show
that reasonable skill and care has not been used if you wish to make a claim
against us. In addition, we will only
be responsible for what our employees, agents and suppliers do or do not do if
they were at the time acting within the course of their employment (for
employees) or carrying out work we had asked them to do (for agents and
suppliers). Regardless of any wording used by us in our brochure, on our
website, in any advertising material or elsewhere, we only promise to use
reasonable skill and care as set out above and we do not have any greater or
different liability to you.
c) We will not be responsible for any injury,
illness, death, loss (including loss of enjoyment and loss of possessions),
damage, expense, cost or other sum or claim of any description whatsoever which
results from any of the following: -
(i)
the act(s) and/or omission(s) of the person(s) affected or any member(s)
of their party;
(ii) the act(s) and/or omission(s) of a
third party not connected with the provision of your tour and which were
unforeseeable or unavoidable;
(iii) force majeure;
(iv) any services which do not form part of
our contract. This includes, for
example, any additional services or facilities which any supplier agrees to
provide for you where the services or facilities are not advertised by us and
we have not agreed to arrange them as part of our contract;
v) any information or advice given to you
by your travel agent unless it has been given to the agent by us. Otherwise,
information and advice is the responsibility of the travel agent;
vi) your travel agent not giving, or
incorrectly giving you advice, information or documents we have sent or given
to your travel agent;
vii) any information and advice on visas,
travel documents, climate, spending money and other costs, clothing, equipment,
etc. All such information and advice has been compiled with reasonable care and
is given in good faith but without responsibility on our part;
viii) loss or damage of your personal
belongings while in the sight of yourself or other group members, or while
under the care of airlines or airports;
ix) any information or handouts given by
trip leaders. Such information is given in good faith but without
responsibility on our part or on the part of our local agents.
d) Where any claim or part of a claim
(including those involving death or personal injury) concerns or is based on
any travel arrangements (including the process of getting on and/or off the
transport concerned) provided by any air, sea or rail carrier to which any
international convention or EU regulation applies, the maximum amount of
compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a
claim if we are found liable to you on any basis is the most the carrier
concerned would have to pay under the international convention or regulation
which applies to the travel arrangements in question (for example, the Warsaw
Convention as amended or unamended and the Montreal Convention for
international travel by air and/or for airlines with an operating licence
granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002
for national and international travel by air, the Athens Convention for
international travel by sea and COTIF, the Convention on International Travel
by Rail). Where a carrier would not be
obliged to make any payment to you under the applicable international
convention or regulation in respect of a claim or part of a claim, we similarly
are not obliged to make a payment to you for that claim or part of the
claim. When making any payment, we are
entitled to deduct any money which you have received or are entitled to receive
from the carrier for the complaint or claim in question. Copies of the
applicable international conventions and regulations are available from us on
request.
e) For flight inclusive tours, our
responsibility in respect of the flights booked through us is limited to the
airlines’ conditions of carriage and the conventions in condition 9 d). The
responsibility of the airlines is similarly limited to the carriage of
passengers and baggage in accordance with their conditions of carriage and the
conventions in clause 9 d). We have no responsibility for any flight which is
not booked through us.
f) The acceptance of liability set out in
clause 9 b) does not apply to arrangements which do not form part of the tour
arrangements contracted with us prior to departure but which are booked by us,
any member of the Imaginative Traveller team or local agent locally (i.e. in
the course of any tour). Any such arrangements do not form part of our contract
and are booked as agent only on the express condition that we and our crew
members will not liable for any expenses, loss, damage, injury, breach of
contract, negligence or otherwise arising directly or indirectly out of or in
connection with such arrangements or from the actions or omissions of the
supplier or independent parties with whom the arrangements are made.
g) We cannot accept any liability for any
delay or cancellation in your flight to the joining point of the land tour or
returning from the end point of the land tour, whether the delay or
cancellation is caused by adverse weather conditions, rescheduling by an
airline, airport authority and/or action by air traffic controllers, mechanical
breakdown or industrial action. In certain circumstances delayed departure may
be covered by your travel insurance.
h) We, our employees and our agents accept
no responsibility or liability for expenses, inconvenience, loss of enjoyment
or anything else caused by noncompliance with any of your responsibilities
listed below.
i) Where we are found liable for loss
and/or damage to any luggage or personal possessions (including money), the
maximum amount we will pay you is £1000 per person affected unless a lower
limitation applies to your claim under clause 9(d). You must ensure you have
appropriate travel insurance to protect your belongings. For all other claims
which do not involve death or personal injury, if we are found liable to you on
any basis whatsoever, the maximum amount we will have to pay you is twice the
price paid by or on behalf of the person(s) affected in total unless a lower
limitation applies to your claim under any other clause of these conditions
(such as clause 9 d)). This maximum will only be payable where everything has
gone wrong and you have not received any benefit at all from your tour.
10. YOUR RESPONSIBILITY
a) By their very nature, tours in this
programme may involve an element of personal risk and potential hazard not
normally associated with holiday tours. You must accept these attendant risks
and hazards. You must also accept that safety standards of hoteliers and other
suppliers of accommodation, local transport and other operators in most of the
countries you visit will not be of the same standard as in your home country
and will often be of a lower standard. Travelling with Imaginative Traveller
requires a certain measure of flexibility, good humour, and an understanding
that the itinerary, accommodation and modes of transport may be changed without
notice due to circumstances beyond Imaginative Traveller control. By signing
the Booking Form you agree to Imaginative Traveller making any changes it
reasonably deems necessary. All Imaginative Traveller tours and expeditions,
but especially those in remote or unstable regions, or regions with dangerous
wildlife, involve a risk of injury, psychological trauma, disease, loss or
damage to property, inconvenience and discomfort. By signing the Booking Form
you agree to assume all risks associated with the journey to the maximum extent
permitted by law.
b) It is your responsibility to arrange
suitable adventure travel insurance with benefits that cover personal accident,
medical expenses, repatriation, loss and damage to personal effects. The policy
must include a minimum cover of £2,000,000 (US$3,000,000) for medical and
repatriation expenses. In the event that you do not have suitable travel
insurance, you may not be allowed to join the tour.
c) If you have difficulty in finding a
suitable policy, please see our website for availability of a suitable policy.
Whether you purchase this insurance, or arrange an alternative, it is your
responsibility to ensure that the insurance cover you purchase is suitable and
adequate for your particular needs and for the tour you are undertaking.
d) It is your responsibility to ensure you
seek professional medical advice before travelling and to be aware of and to
take all necessary health precautions and preventative measures. Details are
available from your GP surgery and from the National Travel Health Network and
Centre www.nathnac.org. Information on health is contained in the Department of
Health leaflet T7 (Health Advice for Travellers) available from the Department
of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and
from most Post Offices. Health requirements and recommendations may change and
you must check the up to date position in good time before departure.
e) It is your own responsibility to comply
with all current passport, visa and health requirements. The passport and visa
requirements for our tours are shown in the trip notes/website, mainly for UK
citizens. Requirements may change and you must check the up to date position in
good time before departure. A full British passport presently takes
approximately 2 to 6 weeks to obtain. If you are 16 or over and haven't yet got
a passport, you should apply for one at least 6 weeks before departure. The UK
Passport Service has to confirm your identity before issuing your first
passport and will ask you to attend an interview in order to do this. If you
are not a British citizen or hold a non British passport, you must check
passport and visa requirements with the embassy or consulate of the
country(ies) to or through which you are intending to travel.
f) We regret we cannot accept any liability
if you are refused entry onto any transport or into any country due to failure
on your part to carry all required documentation including an acceptable
passport and any necessary visa(s) and/or health certificate. If failure to have any necessary
documentation results in fines, surcharges or other financial penalty being
imposed on us or costs or expenses being incurred by us, you will be
responsible for reimbursing us accordingly.
g) You must give to the tour leader at the
beginning of the tour your local payment and/or kitty contribution as shown in
the brochure / on our website and updated if applicable. Failure to do so will
be deemed a breach of contract on your part and you will not be carried on the
tour.
h) You must at all times comply with the
laws and customs of the countries visited. We have absolute discretion to order
a client to leave the tour if they are found contravening such laws and
customs, or interfering (or judged to have the potential to interfere) with the
well-being of the group, individual member, members, or themselves. In such
cases, there will be no refund of the tour fare and we accept no liability for
expenses incurred as a result.
i) You are responsible for informing us in
writing at the time of booking of any known illnesses, disabilities or medical
conditions, or, if not known at the time of booking, at the earliest
opportunity thereafter prior to the departure of the tour. If you are found to
have an undeclared or understated medical condition you may be ordered to leave
the tour with no refund of the tour fare.
j) Our Tour Leaders have the authority to
make difficult decisions. Should you present a medical condition our tour
leader reserves the right to insist that person seek medical advice. If you
decline to act upon this advice, you could be putting others on the tour in
danger/at risk and may be asked to leave the tour. This extends to physical,
mental and behavioural conditions.
k) Clients must follow the tour joining
instructions issued to them.
l) When assessing whether tours or
expeditions will operate Imaginative Traveller uses information from local
offices in conjunction with advice from the British Foreign Office, the
Australian Department of Foreign Affairs and Trade, and the US Department of
State. However, in booking a tour from our brochure or website, you acknowledge
that you are responsible for making yourself aware through Foreign Office,
Department of Foreign Affairs or State Department warnings, advice and any
other sources available to you, with regard to the safety of countries and
areas in which you will be travelling and to make your own decisions
accordingly. The Foreign and Commonwealth Office publishes regularly updated
travel information on its website www.fco.gov.uk/knowbeforeyougo which you are
recommended to consult before booking and in good time before departure.
m) You must be aware that our tour leaders,
reps and passengers may take photographs and film footage of our clients while
on tour. We reserve the right to use such material for advertising, film or
brochure / website production and other marketing uses (including footage for
television) without obtaining further consent. We also reserve the right to use
any comments clients make regarding our tours on any questionnaires or letters
in future promotional literature.
n) You must reimburse us for any expenses
incurred on your behalf. This especially applies to non-compliance with clauses
10 b), f) and h) above.
11. FLIGHTS - FLIGHT INCLUSIVE TOURS
a) In accordance with EU Directive (EC) No
2111/2005 Article 9, we are required to bring to your attention the existence
of a “Community list” which contains details of air carriers who are subject to
an operating ban within the EU. The
Community list is available for inspection at
http://ec.europa.eu/transport/air-ban/list_en.htm We are also required to
advise you of the actual carrier(s) (or, if the actual carrier(s) is not known,
the likely carrier(s)) that will operate your flight(s) at the time of
booking. Where we are only able to
inform you of the likely carrier(s) at the time of booking, we will inform you
of the identity of the actual carrier(s) as soon as we become aware of
this. Any change to the operating
carrier(s) after your booking has been confirmed will be notified to you as
soon as possible. If the carrier with whom you have a confirmed reservation
becomes subject to an operating ban as above as a result of which we/ the
carrier are unable to offer you a suitable alternative the provisions of clause
5 will apply.
b) We are not always in a position at the
time of booking to confirm the flight timings which will be used in connection
with your flight. The flight timings shown in our brochure, on our website
and/or detailed on your confirmation invoice are for guidance only and are
subject to alteration and confirmation.
Flight timings are outside our control. They are set by airlines and are
subject to various factors including air traffic control restrictions, weather
conditions, potential technical problems and the ability of passengers to check
in on time.
c) Specific instructions relating to
departure and travel arrangements will be sent with your air or other travel
tickets approximately 2 weeks before departure. You must accordingly check your
tickets very carefully immediately on receipt to ensure you have the correct
flight times. It is possible that
flight times may be changed even after tickets have been dispatched - we will
contact you as soon as possible if this occurs. It is your responsibility to check
the return flight times whilst you are travelling as we may not be able to
contact you once you start travelling.
d) Any change in the identity of the
carrier, flight timings, and/or aircraft type (if advised) will not entitle you
to cancel or change to other arrangements without paying our normal charges
except where specified in these conditions.
e) If your flight is cancelled or delayed,
your flight ticket is downgraded or boarding is denied by your airline,
depending on the circumstances, the airline may be required to pay you
compensation, refund the cost of your flight and/or provide you with
accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied
Boarding Regulations 2004. Where applicable, you must pursue the airline for
the compensation or other payment due to you.
