1. MAKING A BOOKING
All bookings are made with Culture Trails, Travel House,
Llangollen LL20 7BB acting as agents for ABTA and ATOL
holders.
2. PAYMENTS
An initial deposit as stipulated in the contract document shall
be paid to Culture Trails before a booking is considered firm.
No contract shall exist until Culture Trails has received a duly
signed copy of the contract terms with the appropriate deposit.
The person signing the contract shall be deemed to have the
authority of each member of the party, or of the parents or legal
guardians of persons under 18 years of age to sign on their
behalf that they are to be bound by these conditions of booking
This contract is subject to English law and jurisdiction An
explanation of terms we use in these Conditions is contained in
Condition 10. The balance of the price in respect of every
booking shall be paid and shall reach Culture Trails no later
than two calendar months before departure. The actual date
due will be contained within the contract. Failure to settle by
the stipulated date automatically invalidates the price
guarantee.
3. TOUR PRICES
The prices for currently advertised tours are based on the
currency exchange rates as in the Financial Times on 20 April
last before the date of the contract document. Full price
guarantee – the price of your tour is fully guaranteed and will
not be subject to any surcharges once your deposit has been
received and the tour is confirmed. VAT has been included to
comply with the Customs and Excise regulations in force as at
01 April last before the date of the contract document.
4. CANCELLATIONS
Cancellation by you: If the whole of the tour is cancelled we
will normally retain all deposits paid and we reserve the right
to make the percentage cancellation charges set out below. If
individual members of the party cancel before the final
payment is due any deposits paid will be charged as the
cancellation fee except that if there is a replacement for such
member, the full deposit of such member may be transferred. If
any member of the party cancels after final payment is due and
no substitute is immediately available or in the event of our
exercising our right under the first paragraph of this Condition
the following scale of cancellation charges will be made, the
times being calculated from the departure date.
Notice received by us {343d2ccef4c40646da92f8539d5a91de808cb9bddc33c164d1a78da4006cea5b} of total sum payable
56-49 days 60{343d2ccef4c40646da92f8539d5a91de808cb9bddc33c164d1a78da4006cea5b}
48-33 days 80{343d2ccef4c40646da92f8539d5a91de808cb9bddc33c164d1a78da4006cea5b}
less than 33days 100{343d2ccef4c40646da92f8539d5a91de808cb9bddc33c164d1a78da4006cea5b}
If a cancellation brings the number in the party below the
minimum number for qualifying for discount in the price the
tour price and concessions will be adjusted accordingly. To be
effective cancellations must be made in writing, be signed by
the party leader and received by us. Cancellation by us: We
may cancel your tour for any reason whatsoever prior to the
date on which payment of the balance of the price becomes due
or for reasons of force majeure any time prior to departure but
in that event we will offer you the choice of an alternative tour
of at least comparable standard, if available, or a full refund
within 14 days of your notifying your decision to us. If, except
for reasons of force majeure, we cancel your tour on or after
the date when payment of the balance is due we will, in
addition to your right to choose between the alternative of a
comparable tour or a refund, pay you the following
compensation based on the length of time before the departure
date for your tour
56-15 days £5 per paying passenger
14 days – departure £10 per paying passenger
Notwithstanding the above, if you fail to pay the final balance
by the due date we may cancel your tour without any liability
whatsoever to you. In such circumstances we will normally
retain all deposits paid and we reserve the right to make the
percentage cancellation charges set.
5. TRAVEL TICKETS AND VOUCHERS
These are valid for the advertised period of the tour and for the
route specified and no refund whatsoever will be made for
unendorsed or expired tickets, coupons or vouchers which are
lost, mislaid or unused by the party. Refunds will not be made
if tickets are not used over the route for which they are valid.
6. ALTERATIONS AND AMENDMENTS
Those made by you: If you want to make any alteration to the
details of your booking which we have confirmed, we will do
our best to meet your request. If this would involve a major
alteration to the confirmed arrangements such as a change in
departure date or accommodation we may be liable for
cancellation charges on your behalf and because of this we
must reserve the right to treat the original booking as cancelled
by you and to make cancellation charges as shown above in
Condition 4
Those made by us: All bookings are accepted subject to
transportation and hotel accommodation being available. The
itineraries, tour timetable and other arrangements contained
within our contract are issued in good faith but we reserve the
right to alter or amend a tour and our position is as follows:
Except for reasons of force majeure we shall not make a
material alteration to a previously confirmed tour less than 14
days prior to the date of travel. We reserve the right to make a
material alteration to a previously confirmed tour for any
reason whatsoever prior to the date on which payment of the
balance of the price becomes due and for any reason of force
majeure at any time prior to departure but if we do we will
inform you without delay and will offer you the choice of
either accepting the alteration or of cancelling the tour and
receiving a full refund within 14 days of receiving your
notification of cancellation. If, except for reasons of force
majeure, we make a material change in arrangements in
addition to your right to choose between the alternative of a
comparable tour or a refund, we shall pay you the following
compensation based on the length of time between the
cancellation and the departure date of your tour.
56-15 days £5 per paying passenger
14 days – departure £10 per paying passenger
Delays in departure caused by mechanical problems shall be
deemed not to be a material alteration.
7. COMPLAINTS AND ARBITRATION
In the unlikely event of your having a complaint, please inform
Culture Trails as quickly as possible and we shall do
everything possible to help you. If the matter cannot he put
right on the spot, please follow it up by letter to Culture Trails.
Disputes arising out of or in connection with this contract
which cannot be amicably settled may (if the customer so
requests in writing) be referred to arbitration under a special
scheme which, though devised by arrangement with the
Association of British Travel Agents, is administered quite
independently by the Chartered Institute of Arbitrators. The
Scheme (details of which will be supplied on request) provides
for a simple and inexpensive method of arbitration on
documents alone with restricted liability on the customer in
respect of costs. The Scheme does not apply to claims over
£1,500 per person or £7,500 per party or to those which are
solely or mainly in respect of physical injury or illness or the
consequences of such injury or illness. The rules of the Scheme
provide that the application for arbitration must be made
within nine months of the tour return date but, in special
circumstances, it may still be offered outside this period.
Notwithstanding the above we cannot accept responsibility for
any cause of dissatisfaction unless it is made known to us
within 28 days of completion of the tour.
8. LIABILITY
Culture Trails accepts responsibility should the services which
it is obliged to provide prove deficient or not of a reasonable
standard, including the acts or omissions of its employees,
agents, sub-contractors and suppliers or the servants and/or
agents of the same except that, apart from as stated in the last
sentence of this paragraph, Culture Trails does not accept
liability for death, bodily injury or illness. Culture Trails
accepts responsibility for negligent acts or omissions of its
employees or agents, and its suppliers and sub-contractors and
the servants and/or agents of the suppliers and sub-contractors
whilst acting within the scope of or in the course of their
employment. Should any payment be made to you or any
member of the party by us in any of the circumstances referred
to in this Condition we reserve the right to claim in your place
against the person(s) or organisation(s) responsible for causing
the death, injury or illness. This means that you agree to assign
that part of your rights to us and we will be subrogated to those
rights, Notwithstanding the above, in respect of carriage by air
and sea our obligations and liabilities are limited in a manner
provided by the relevant international conventions – Culture
Trails will ensure that general assistance is afforded to clients,
who, through misadventure, suffer illness, personal injury or
death during the period of their tour arising out of an activity
which does not form part of an inclusive tour or an excursion
offered through us. Where legal action is undertaken by you
with our prior agreement we will meet the initial legal costs
associated with the action provided you request such assistance
within 90 days from the date of misadventure. Our liability for
the aggregate of the costs referred to in this paragraph will not
exceed £5,000 per group and, in the event of there being a
successful claim for costs against a third party or there being
suitable insurance policy/ies in force costs actually incurred by
us shall be recoverable from you. Any claims under this
Condition shall, in respect of both liability and quantum, fall
within the jurisdiction of the courts of England.
9. DEFINITIONS
For the purpose of these Conditions, definitions are as follows:
Inclusive Tour: means a prearranged combination of transport
taken by clients and not less than one of the following when
organised for the benefit of the client at a global price all or
part of which is payable in advance of departure and marketed
as such: (a) accommodation and/or (b) other services not
ancillary to transport or accommodation. Force Majeure:
means circumstances where performance and/or prompt
performance of the Contract is prevented by reasons of war or
threat of war, civil strife,
industrial dispute (as defined below), terrorist activity, natural
or nuclear disaster, fire or adverse weather conditions.
Industrial Dispute- means a dispute between a person (other
than us) supplying services comprised in a tour and (a) his
employers and/or (b) any other person whose services affect
the performance of the tour which we cannot reasonably be
expected to overcome by substituting comparable alternative
arrangements. Tour- includes holiday or other travel
arrangements.
10. RESPONSIBILITIES OF PARTY ORGANISERS
The Party Organiser is responsible for completion of passport
formalities and any other persona! arrangements which may be
necessary such as visa, currency and medical requirements.
The Party Organiser is also responsible for ensuring that the
party reaches the starting point of the tour at the correct time.
11. CONDITIONS OF BOOKING
The conditions on which bookings are accepted as set out in
paragraphs 1 to 10 above are agreed to by the responsible party
leader and these conditions ONLY are those which Culture
Trails recognise as binding upon them. The signature of the
Party Leader on a copy of the contract implies acceptance of
the above conditions on behalf of all members of the party