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Vamos Travel Ltd
Set out below is a summary of some of the key terms in our
Terms and Booking Conditions. However, it is important that you
read, understand and agree to the full Terms and Booking
Conditions (which follow this summary) before you complete the
booking form, as you will be bound by the full Terms and Booking
Conditions once a contract comes into existence between us. If
there is something you do not understand, please contact our
offices and we will be happy to help.
SUMMARY
OF KEY TERMS IN OUR TERMS AND BOOKING CONDITIONS
Deposits
In order to book a holiday with us we require a standard
non-refundable deposit of £100.00 per person. We retain the
right to vary the deposit amount. We will state the deposit
requirements on any quotation and confirm it in the invoice
confirmation. All deposits paid by you and your group are
non-refundable.
Insurance
It is a key term of the booking that each member of the travel
party has adequate and valid travel insurance in place by the
date of departure to cover the entire duration of your holiday.
Flights
Not all holidays we provide include flights. If you have
purchased flights independently of us, you must keep us
up-to-date with the latest travel information concerning your
flight. You must reconfirm the reservations, timings and
check-in details of your flight with the airline concerned at
least 72 hours before departure. This applies to your outward
flight and to your return flight.
Cancellation by you
If you wish to cancel your holiday then you must notify us in
writing by post or email and cancellation charges will apply.
Cancellation by us
All bookings are made subject to availability and we reserve the
right to cancel your booking before your departure date. In such
circumstances you will have the option of being refunded all
monies paid to us, or accepting an alternative holiday from us.
Information on our website and in our brochures
Information contained in our brochure, on our website and in our
other advertising material may have changed by the time you come
to book your holiday. Whilst every effort is made to ensure the
accuracy of holiday details and prices at the time of
publishing, regrettably errors do occasionally occur. You must
therefore ensure you check all details of your chosen holiday
(including the price) with us at the time of booking. We reserve
the right to change any of the facilities, services or prices
described in our brochures or website but we will advise you of
any changes at the time of booking.
Our holidays
Bookings are accepted on the understanding that you appreciate
and accept the possible risks inherent in the types of holidays
we offer
including injury, disease, loss or damage to property,
inconvenience and discomfort,
and that you undertake any tours, activities, treks or
expeditions which are included as part of your holiday at your
own volition.
Our liability to you
We do not, limit or exclude our liability for death or personal
injury caused by the negligence of ourselves or our employees,
fraud or fraudulent misrepresentation, or any other liability
which cannot be excluded by law. However, we will not be
responsible for any injury, illness, death, loss (including loss
possessions and loss of enjoyment), damage, expense, cost or
other sum or claim of any description whatsoever which results
from the act(s) and/or omission(s) of your party, the act(s)
and/or omission(s) of a third party not connected with the
contract between you and us, or an event which is unforeseeable
or unavoidable.
Events outside our control
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under these
Terms and Booking Conditions that is caused by events which are
unforeseeable or unavoidable.
Optional activities
We may provide you with information about optional activities
and excursions which do not form part of your holiday but which
are available in the area you are visiting. We have no
involvement in any such activities or excursions and these are
not run, supervised or controlled in any way by us. They do not
form any part of your contract with us.
Your health
If you or any member of your party are affected by any
condition, medical or otherwise, that might affect your
enjoyment of the holiday, including (without limitation)
mobility impairment, illness or disability or undergoing
treatment for any physical or medical condition, you must advise
us of this at the time of booking. If we reasonably feel unable
to properly accommodate the particular needs of the person
concerned, we reserve the right to decline their booking or, if
full details are not given at the time of booking, cancel when
we become aware of these details.
Visa and passports
It is essential that you provide details of each traveller
correctly and according to passport or other identification.
Some suppliers will deny carriage if the travellers name varies
from your booking and may cancel automatically if the travellers
name is amended.
Whilst we are able to provide basic advice to you regarding
passports and visa requirements, you should check with the
appropriate Embassy, Consulate or British Foreign Office for the
exact requirements for your chosen holiday and date of travel.
Tickets for performances, festivals and concerts
Where your holiday includes tickets for performances, festivals
and/or concerts, we cannot be held responsible for any
cancellations, re-scheduling, changes of venue or changes of
cast made after the booking of your holiday.
Complaints
If you have a complaint about a holiday, you must tell us as
soon as possible and, in any event, within 28 days of your
return date, either in writing or in some other suitable form.
------------------------------------------------------------------------------------------------------------------------
Read our
full
Terms and Booking Conditions
Please ensure that you read and understand these
Terms and Booking Conditions before
you complete the booking form, because you will be bound by the
these Terms and Booking Conditions once a contract comes into
existence between us. If there is something you do not understand,
please contact our offices and we will be happy to help.
Our aim is to be as professional, efficient and courteous as
possible with both our customers, and suppliers. No alteration to
these Terms and Booking Conditions shall be effective unless
expressly agreed to in writing by a director of Vamos Travel Ltd.
Please note that the prices and these Terms and Booking Conditions
which are published on our website,
www.vamostravel.com (“Website”), supercede those printed
in any of our brochures, or advertised in our leaflets or SMS
messages.
All
the holidays, tours, excursions or recreational activities
advertised on our Website and in our brochures (“holidays”)
are operated by Vamos Travel ltd (Registered
in England and Wales with company number 4378409, whose registered
office is at Pure Offices, 54, Plato Close, Tachbrook Park,
Leamington Spa, Warwickshire, CV34 6WE, England), also trading under
the names
“Green World Holidays” and “Stag Mania”, and hereinafter
called “the company”, “our”, “us” or “we” and are sold subject to
these Terms and Booking Conditions.
In
these Terms and Booking Conditions “you”, “they”, & “your” & “party
leader” means the person making the reservation and “group” includes
all bookings made for 2 or more people and includes all people
travelling with you and for the avoidance of doubt any individual
you make a booking on behalf of. It is taken that you are the lead
contact for your group and therefore all correspondence or
conversations in respect of arrangements for yourself and all
members of your group will take place between you and us. You
warrant that you are at least 18 years old and have full authority
to enter into a contract on the basis of these Terms and Booking
Conditions on behalf of all persons named on the booking and you
confirm that all such persons shall be made fully aware of, and be
deemed to accept these Terms and Booking Conditions.
Any
reference to a “supplier” in these Terms and Booking Conditions
means any third party with whom we have an arrangement to provide
part of your holiday and shall include any hotel operators and/or
tour operators.
These
Terms and Booking Conditions shall form the basis of the contract
between us and you and shall apply to the exclusion of any other
terms and conditions whether put forward by you, your group or a
third party. Please ensure that you read and understand these Terms
and Booking Conditions and
general information pages (including the sections headed “Holiday
Itinerary”, “Dates & Prices”, “accommodation” and “additional
info”), contained in our pdf on-line brochures and/or on our Website
before you complete the booking form or submit money by way of a
deposit or full payment, because you will be bound by the these
Terms and Booking Conditions once a contract comes into existence
between us, in accordance with section 1 below.
We
have the right to revise and amend these Terms and Booking
Conditions from time to time. You will be subject to the terms in
force at the time that you book your holiday with us, unless any
change to these Terms and Booking Conditions is required by law or
government or regulatory authority in which case it will apply to
any holiday bookings which have been confirmed by us but which have
not yet taken place.
1.
Your contract
A
contract shall only come into existence between us and you (on
behalf of yourself and your group) upon acceptance by us of your
deposit or, in the case of holidays booked less than 56 days before
the departure date, on acceptance by us of the final balance
payment, as evidenced by the invoice confirmation that will be sent
to you. Please note that, if you fail to complete and sign a
booking form but have submitted money by way of a deposit or full
balance, we will assume you have read, understood and agreed to
these Terms and Booking Conditions. We both agree that English Law
(and no other) will apply to the contract and to any dispute, claim
or other matter of any description which arises between us (except
as set out below). We both also agree that any dispute, claim or
other matter of any description (and whether or not involving any
personal injury) which arises between us must be dealt with by 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.
2.
Making an enquiry
To
make an enquiry you can contact us in several ways; directly over
the telephone, via our Website, through an approved travel agent or
by using our booking form. We do not regard submission of an enquiry
form or booking form as confirmation of a booking. You should first
call or email us to ensure that you and your groups requirements can
be met and to check availability.
After
you have made an enquiry, we will endeavour to send you a quotation
along with a copy of our Terms and Booking Conditions as soon as
practically possible.
Any quotations offered are strictly subject to availability, may be
withdrawn at any time by us giving you notice in writing and are
given subject to these Terms and Booking Conditions. Whilst
provisional bookings can be made over the telephone, a
contract will only exist between us and you once we have received a
deposit or (when applicable) final balance payment and when we have
raised and sent you a confirmation invoice (see section 1).
3.
How to book with us
To
make a booking you can contact us in several ways; directly over the
telephone, via our Website, through an approved travel agent or by
using our booking form.
In
order to book a holiday with us we require a standard non-refundable
deposit of £100.00 per person (one hundred pound sterling). All
deposits paid by you and your group are non-refundable. Please note
that we retain the right to vary the deposit amount as we see
appropriate and we will state the deposit requirements on any
quotation and confirm it in the invoice confirmation. We reserve the
right to decline any booking at our discretion. On occasion, full
payment for a particular element of the booking, such as your
flights, may be required at the time of booking.
Please note the majority of our offers are built on a tailor made
basis and therefore prices are subject to change before the point of
confirmation (see section 6). We will confirm, before payment is
made, if any changes are to apply. We shall hold your deposit
towards the full cost of the holiday, this also includes any
services (extras) added to your confirmation invoice at any time
during the booking process. We have the right to use your paid
deposit payments as a way of securing your confirmed services, which
can be used in partial or in full depending on the demands of the
supplier.
We
must receive the full amount payable by you and your group by no
later than 57 days before the departure date. In the case of
holidays booked less than 56 days before departure we must receive
the full amount payable by you at the time the booking is confirmed.
Bookings made by credit card will incur an additional charge of 2%
(or 4% for American Express). Bookings made by debit, solo, and/or
maestro cards will incur an additional charge of £0.50 pence to
cover bank charges.
In the case of non-payment of the full balance by the due date we
reserve the right to cancel your booking and retain your deposit (if
applicable) and cancellation charges will apply as set out below.
For those holidays where an additional local payment is required,
the additional amount shall be set out on our Website. A local
payment is a portion of the holiday cost which must be paid directly
to the tour leader or our representative at the start of your
holiday. If the price of your holiday includes a local payment, this
must be paid in the currency specified in the brochure or trip
notes. Please note that your holiday price will not be considered
to have been paid in full until the local payment has been made.
When
you receive your confirmation invoice or booking receipts, we kindly
ask you to check these documents very carefully and to advise us of
any inaccuracies within 7 days of receipt. We regret we cannot
accept liability if we are not notified within this period.
4.
Insurance
It is
essential that you and each and every member of your party will have
adequate and valid travel insurance in place while on one of our
holidays. Therefore, it is a condition of accepting your booking,
and a key term of the contract, that you, and each member of your
group, will have obtained adequate and valid travel insurance for
your booking by the date of departure in accordance with this
section 4.
Your
travel insurance should cover the entire duration of the holiday
(and any activities that are included in the holiday) in respect of
at least medical expenses, injury, death, repatriation, cancellation
and curtailment. You and your party are also strongly advised to
insure yourself against any other possible risks that may occur and,
in particular, to ensure that you have sufficient insurance in
respect of dependent relatives. You are required to carry proof of
insurance with you and produce it if reasonably requested by our
employees, representatives or suppliers.
You
must ensure that there are no exclusion clauses in your travel
insurance which limits cover for the type of activities which may be
included, or the altitudes attained, in your holiday. Certain
activities have official grading systems, like white water rafting.
If you are unsure of the grading system for the activities booked
or that form part of your itinerary, please ask us and we will be
happy to help.
Our
local suppliers will often ask you to sign a disclaimer form if you
are participating in a high risk activity or sport activity
including (but not limited to) skiing, snowboarding, football,
rugby, abseiling, shooting galleries, go-karting, paint-balling or
driving excursions. This is why it is mandatory that you ensure
appropriate insurance is taken out to cover all possible risks
during your holiday.
5.
Financial Security
When
you buy an ATOL protected air package or flight from us you
will receive a confirmation invoice from us (or via our authorized
agent through whom you booked) confirming your arrangements and
your protection under our Air Travel Organiser’s Licence number
5927. In the unlikely event of our insolvency, the CAA will ensure
that you are not stranded abroad and will arrange to refund the
flight costs you have paid to us for an advance booking. For further
information, visit the ATOL website at
www.atol.org.uk. Please note that not all holiday or travel
services which are offered and sold by us will be protected by the
ATOL Scheme. Please ask us to confirm what protection may apply to
your booking.
6.
Prices & Surcharging
All
prices quoted are per person and in pound sterling and net of any
applicable taxes unless specifically stated otherwise on our
quotations, invoice or receipt.
All
prices we advertise are accurate at the date published, but we
reserve the right to change any of those prices. Prices on our
Website are updated regularly. Before you make a booking we will
give you the up-to-date price of your chosen holiday including the
cost of any peak-season supplements, upgrades or additional
facilities which you have requested. In the event we make an error
in quoting the price, to the extent such error is obvious and
unmistakeable and could be reasonably recognised as an error, we do
not have to provide the holiday to you at the incorrect (lower)
price.
In
some circumstances, a change in the price of your holiday may be
unavoidable (for example, due to a variation in transportation costs
(such as the cost of fuel), a variation in dues, taxes or fees
chargeable for services such as landing taxes or embarkation or
disembarkation fees at ports and airports, or due to a change in
exchange rates applicable to your holiday).
If
you have made a booking with us more than 57 days prior to your date
of departure and our costs should significantly change after we have
confirmed your booking we will notify you of any likely change in
price as quickly as possible. You are then free to cancel all or
part of your booking within 7 days of this notification. If you do
not cancel within this period then we shall assume you and your
group have accepted this price change. If you have made your booking
less than 56 days before your date of date of departure, then we
will do our best to ensure that there are no price changes, although
this cannot be guaranteed.
If at
any time, you notify us of change in the number of people travelling
in your group then we unequivocally reserve the right to change the
price of your holiday to reflect extra costs incurred by us,
including (without limitation) in relation to transfers, group
booking costs and administration costs.
7.
Air Passenger Duty
If
flights have been purchased as part of your holiday, then the Air
Passenger Duty “APD” is included in the price of your holiday/flight
ticket. In view of the current volatility of world oil prices, a
fuel supplement may be added to the price of your holiday at the
time of booking.
8.
Flights booked independently
If
you have purchased flights independently of us, we request that you
keep us up-to-date with the latest travel information concerning
your flight. You must reconfirm the reservations, timings and
check-in details of your flight with the airline concerned at least
72 hours before departure. This applies to your outward flight and
to your return flight. If you miss a flight or suffer any disruption
as a result of not following our instructions as to reconfirmation
we will have no liability to you.
Regulations vary with each airline and you must check with the
airline concerned to see if there are specific regulations that you
need to be aware of that may affect you or your holiday.
9.
Changes made by you
If
you have paid your deposit and wish to make an alteration to your
booking we will do our best to accommodate you. If you wish to make
an alteration then you must notify us in writing and we reserve the
right to charge you an amendment fee at our discretion, which shall
be influenced by the level of work or time needed to accomplish the
amendment and/or any third party costs incurred by us in making such
amendment. Please note that prices are likely to change if you amend
the number of people in your group.
10.
Cancellation by you
If you wish to cancel your holiday then you must notify us in
writing by post or email and cancellation charges will apply. They
are calculated as a percentage of the price for the holiday as
stated in your invoice confirmation and the relevant percentages are
set out below. The date we receive your written notification of
cancellation is the date we will use to calculate the applicable
cancellation charge. Some elements of the booking price may be
non-refundable including (but not limited to) visas and airport
taxes. Please note Airlines operate different policies and some
tickets will be refundable and changeable and others will not. If we
have arranged your flight, it is your responsibility to check these
details with us before booking your holiday.
|
No. of days before your departure when we receive your
cancellation |
Charge as a % of holiday price as stated in your
confirmation invoice excluding visas, airport taxes and
insurance premiums |
|
More than 57 days before departure |
Deposit |
|
Between 57 and 42 days before departure |
Deposit plus 30% of remaining balance |
|
Between 41 and 28 days before departure |
Deposit plus 45% of remaining balance |
|
Between 27 and 14 days before departure |
Deposit plus 70% of remaining balance |
|
Less than 14 days |
Deposit plus 100% of remaining balance |
11.
If we change your holiday
We
reserve the right to change any of the facilities, services or
prices described in our brochures or Website. We will endeavour to
advise you of any changes at the time of booking. In principle, it
is unusual that we will need to make changes to your holiday and any
which may occur will normally be minor and you and your group will
not be compensated since a certain degree of minor change is
sometimes inevitable.
In
some circumstances, we may need to make a major change to your
holiday after your booking has been confirmed. Whether a change is
‘major’ depends on the nature of the holiday and may include
alteration to the scheduled departure, alteration to a specifically
requested travel arrangement 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 to your departure airport (excluding a
change between London airports). When a major change occurs, we will
notify you as quickly as possible and you will have the choice of
either accepting the change, or accepting a replacement holiday from
us of equivalent or closely similar standard and price, or
cancelling your holiday, in which case we shall refund you in full.
Where
we make a change to your holiday, except where this is a major
change arising from a Force Majeure Event (as defined in section 13
below), or if we change your holiday for reasons of consolidation
due to minimum numbers not being attained, we will pay you, as a
minimum, compensation as detailed below (please note that in order
to qualify for compensation, you must make a specific request in
writing)
|
Period before departure date within which we notify you of a
major change to your holiday |
Compensation per paying customer – GBP’s |
|
More than 57 days before departure |
None |
|
Between 57 and 42 days before departure |
£10 |
|
Between 41 and 28 days before departure |
£15 |
|
Between 27 and 14 days before departure |
£30 |
|
Less than 14 days |
£50 |
12. If we cancel your holiday
All
bookings are subject to availability and we reserve the right to
cancel you and your group’s holiday up to 57 days before your
departure date. In such circumstances you will have the option of
being refunded all monies paid to us, or accepting an alternative
holiday from us. You will not be eligible for compensation.
In
the unlikely situation that we cancel your holiday within the 57 day
period then we will refund to you all monies paid to us in relation
to the holiday and the compensation payments and periods will apply.
Where your holiday has been tailor-made please be advised that often
we build up the best prices for you using special offers made at the
time of the quotation being sent out. We may also be subject to
holding seats or rooms for periods of time that may jeopardise the
trip if you do not pay us in the period stated. In cases where
payment has not been received in time to secure flights or
accommodation and the flights or rooms are lost then you and your
group will not be entitled to any compensation.
Compensation will not be payable if we are forced to cancel for
reasons of:
a)
consolidation due to minimum numbers not being attained . 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; or
b)
a
Force Majeure Event, as defined in section 13 below.
We
are not liable for any major changes, which result as a consequence
of a ‘Force Majeure Event, as defined in section 13 below. For
airport transfers we will recommend a collection time and agree it
with you. We do not accept liability if you or a member of your
group miss your flight due to being late for the transfer or in the
case of a Force Majeure Event (e.g. road blocks, crashes on road
resulting in traffic delays).
13. Events outside our control
We
will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under these Terms
and Booking Conditions that is caused by events which are
unforeseeable or unavoidable (Force Majeure Event). A Force
Majeure Event may include, without limitation, war, threat of war,
riots, civil disobedience or strife, industrial dispute, terrorist
activity, acts of god, natural or nuclear disaster, fire, adverse
weather conditions, level of water, technical or maintenance
problems with transport and changes of schedules or operational
decisions of transport providers, closure of airports or any other
unforeseeable or unavoidable event beyond our control or the control
of our suppliers.
14.
Your Holiday
Bookings are accepted on the understanding that you appreciate and
accept the possible risks inherent in the types of holidays we offer
including injury, disease, loss or damage to property, inconvenience
and discomfort,
and that you undertake any tours, activities, treks or expeditions
which are included as part of your holiday at your own volition.
We
may operate trips in regions where standards of transport, safety,
hygiene, medical facilities and other infrastructure may, at times,
be lower than those you normally expect or different to those
applicable in the UK. If you have a claim or complaint relating to
any part of the holidays, if a particular
service which gives rise to the claim or complaint complied with the
local laws and regulations applicable to those services at the time,
the services will be treated as having been properly provided. This
will be the case even if the services did not comply with the laws
and regulations of the UK which would have applied had those
services been provided in the UK. The exception to this is where the
claim or complaint concerns the absence of a safety feature which
might lead a reasonable holiday maker to refuse to take the tour in
question.
The
whole philosophy of the type of holidays we offer, is one that
allows alternatives and a substantial degree of on-trip flexibility.
The outline itineraries given for each holiday must therefore be
taken as an indication of what each group should accomplish, and not
as a contractual obligation on our part. Changes in itinerary may
be caused by local political conditions, flight cancellations,
mechanical breakdown, weather, border restrictions, sickness, or
other unforeseeable circumstances.
15. Our liability and limitations
(1) We will ensure that the 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 Terms and Booking Conditions and
the other information which forms part of your contract with us, we
do not, limit or exclude our liability for:
(i)
death or personal injury caused by the negligence of ourselves or
our employees;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be excluded by law.
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).
(2) Subject to section 15 (1), we will not be responsible for any
injury, illness, death, loss (including loss possessions and loss of
enjoyment), 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 you or any member(s) of your party;
or
(ii) the act(s) and/or omission(s) of a third party not connected
with the Contract between you and us and are unavoidable or
unforeseeable; or
(iii) a Force Majeure Event, as defined in section 13 above.
(3) For the avoidance of doubt, we do not accept responsibility for
any services which do not form part of our contract with you. 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 the contract between us and you. Any
optional excursions or activities booked by you during your holiday
do not form part of the contract between us and you as these are all
arranged for you directly by the suppliers concerned (please see
section 16 ‘Optional excursions and activities’). In addition,
regardless of any wording used by us on our Website or elsewhere, in
any other advertising materials , 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.
(4) Subject to section 15(1), we limit the maximum amount we may
have to pay you for any claims you may make against us:
(i)
where we are found liable for loss of and/or damage to any luggage
or personal possessions (including money), the maximum amount we
will have to pay you is £500 per person affected unless a different
limitation applies to your claim under section 15(6) below. You must
ensure you have appropriate travel insurance to protect your
personal belongings; and
(ii) for all other claims, if we are found liable to you on any
basis, the maximum amount we will have to pay you is twice the price
(excluding amendment charges) paid by or on behalf of the person(s)
affected in total unless a lower limitation applies to your claim
under section 15(6) below. This maximum amount will only be payable
where everything has gone wrong and you have not received any
benefit at all from your holiday.
(5) Subject to section 15(1), we do cannot accept any liability for
any damage, loss, expense or other sum(s) of any description:
(i)
which on the basis of the information given to us by you concerning
your booking prior to our accepting it, we could not have foreseen
you would suffer or incur if we breached our contract with you; or
(ii) which did not result from any breach of contract or other fault
by ourselves or our employees or, where we are responsible for them,
our suppliers; or
(iii) any expenses or losses incurred by or relating to any business
including self-employed loss of earnings.
(6) 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, rail or road carrier,
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 were that claim made against it (for example, the Warsaw
Convention 1929 as amended or unamended and the Montreal Convention
1999 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 1974 for international travel by sea
and COTIF, the Convention on International Travel by Rail. Please
note, 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 or
hotelier for the complaint or claim in question. Copies of the
applicable international conventions and regulations are available
from us on request.
(7) The promises we make to you about the services we have agreed to
provide or arrange as part of our contract, and the laws and
regulations of the country in which your claim or complaint
occurred, will be used as the basis for deciding whether the
services in question had been properly provided.
(8) In the event of any claim, you must provide ourselves and our
insurers with all assistance we may reasonably require to progress
the claim. You must also tell us and (if applicable) the supplier
concerned, about your claim or complaint as soon as reasonably
possible and in any event, within 28 days of your return date,
either in writing or in some other suitable form. If asked to do so,
you must transfer to us, or our insurers, any rights you have
against the supplier or whoever else is responsible for your claim
or complaint (if the person concerned is under 18, their parent or
guardian must do so). You must also agree to cooperate fully with us
and our insurers if we or our insurers want to enforce any rights
which are transferred.
(9)If
you are joining the holiday locally (i.e. not starting with the
group from the UK) our responsibility does not commence until the
appointed time, we shall not be responsible for any additional
expenses incurred by you to meet up with the group. If the group
arrival is delayed to the local joining point we will provide you
with the same room and board basis as will be provided to the group.
If the delay is for more than 24 hours we will provide you with the
same services and itinerary that were detailed on your confirmation
to enable you to continue with your holiday, although you may, at
your discretion, remain at the local joining point for the arrival
of the group.
Please be assured that our suppliers will always do the utmost to
ensure your safety and well-being when on holiday. On certain
holidays our local suppliers will ask you to sign an ‘Acceptance of
Risk’ or ‘disclaimer’ form prior to accepting your participation on
the tour. The purpose of the form is to make you aware of the risks
and dangers involved with travelling in these areas, and for you to
agree that the supplier and us shall not be responsible for any
claims made by you for incidents arising due to circumstances
outside the supplier’s and our reasonable control. You may request a
copy of the applicable form by contacting us in writing.
16. Optional excursions & activities
We
and, where applicable, our tour leaders, may provide you with
information (before departure and/or when you are on holiday) about
optional activities and excursions which do not form part of your
pre-booked holiday arrangements and which are available in the area
you are visiting. We have no involvement in any such activities or
excursions and these are not run, supervised or controlled in any
way by us. They are provided by local operators or other providers
who are entirely independent of us. They do not form any part of
your contract with us even where we suggest particular
operators/providers and/or assist you in booking such activities or
excursions in any way. Where a tour leader collects payment for or
otherwise assists in booking any such activity or excursion for you,
we and the tour leader act solely as booking agent for the local
operator/provider of the activity or excursion with whom you will
have a direct contract or contractual relationship. The local
operator/provider’s terms and conditions will apply. We cannot
accept any liability on any basis in relation to such activities or
excursions and the acceptance of liability contained in section
15(1) of our Terms and Booking Conditions will not apply to them. We
do not, however, exclude liability for the negligence of ourselves
or our employees resulting in your death or personal injury.
We
do not guarantee that any optional activity or excursion mentioned
in our brochure, on our Website or elsewhere will be available to
book during your holiday and/or will operate as advertised as these
services do not form part of our contract and are not under our
control. They may not be available for various reasons. Any prices
given in advance are indicative only. We will not be liable if you
cannot, for whatever reason, book any such activity or excursion or
if the activity or excursion does not operate as advertised.
17. Your behaviour
Where
you are allocated a tour leader for your holiday, you must abide by
the authority of the tour leader who represents us. If you commit
any illegal act when on holiday or if, in the reasonable opinion of
the tour leader your behaviour is disruptive, threatening or abusive
or is causing (or is likely to cause) danger, distress or annoyance
to others we may terminate your travel arrangements without any
liability on our part. If the Captain of your flight or ferry or our
overseas staff or any of our suppliers believes that you could be
disruptive, they can also refuse to let you proceed with your travel
arrangements. If this means you are not allowed to board the flight
outbound from the UK, we shall not be liable to you in any way and
we will treat your booking as cancelled by you from that moment,
without liability to pay you any compensation charges. If this
occurs overseas then you will become responsible for your own return
home and any other members of your group who cannot or will not
travel without you. In any of these circumstances no refunds or
compensation will be paid to you and we may make a claim against you
for any costs and expenses incurred as a result of your behaviour
e.g. the cost of diverting an aircraft or ferry to remove you.
Criminal proceedings may also be instigated. When you book with us,
you accept responsibility for any damages or loss caused by you or
any member of your party. Full payment for any such damage or loss
must be paid direct at the time to the accommodation owner or
manager or other supplier. If you fail to do so, you will be
responsible for meeting any claims subsequently made against us
(together with our own and the other party’s full legal costs) as a
result of your actions. We accept no liability for any accident or
misadventure that occurs while any of your group is under the
influence of drink or drugs.
18. Your Health & Fitness and Our Participation
Requirements
While
you are expected to satisfy yourself prior to booking that you, and
every member of your group, are fit and able to complete the
itinerary of your chosen holiday as described in the brochure and/or
Website, if you (or any member of your booking party) are affected
by any condition, medical or otherwise, that might affect your or
other people’s enjoyment of the holiday, including (without
limitation) mobility impairment, illness or disability or undergoing
treatment for any physical or medical condition, you must advise us
of this at the time of booking. Failure to make such disclosure will
constitute a breach of these Terms and Booking Conditions and may
result in such persons being excluded from the holiday in which case
all monies paid will be forfeit.
If we
reasonably feel unable to properly accommodate the particular needs
of the person concerned, we reserve the right to decline the booking
or, if full details are not given at the time of booking, cancel
when we become aware of these details.
No
unaccompanied minors (those under 18 years of age) will be accepted
on any of our holidays.
You
should be aware that in order to take part in sporting activities,
all persons should be in good health and possess a reasonable basic
level of fitness. If you wish to partake in any water sports you
must be able to swim at least 50 metres. If you wish to participate
in any of our scuba diving programs please consult your doctor prior
to departure with particular regard to medical history, medication
and any pre-existing conditions such as perforated ear drums, high
blood pressure and asthma. To participate in some of our more
advanced high risk sports, you maybe asked to provide qualifications
or evidence of experience. We will notify you of this in advance. If
you fail to produce such evidence when it is requested you will not
be allowed to participate in the activity concerned. In the event of
this we will not provide any refunds or compensation or pay any
expenses which you may incur as a result. Please also see section 19
below.
It’s
important to note some of the activities we offer including, but not
limited to, White Water Rafting, Canyoning, Hydro speeding, Rock
Climbing, Kayaking, Mountain Biking or Cycling, Via Ferrata,
Trekking, Hiking, Gorge Scrambling, Abseiling, Canoeing, High Ropes
Courses, Caving, Scuba Diving, Snorkeling, Surfing Skydiving,
Tubing, Horse Riding, River Trekking, Watersports, Sailing, Dog
Sledding, shooting, Snowmobiling, Cross-Country Skiing, Downhill
Skiing, Snowboarding, Ice Climbing, Snowshoeing, Tobogganing, Snow
Rafting or similar, carry their own inherent risks and by booking
such activities you acknowledge that you are exposing yourself to
such risks.
19. Special requests
If
you have any special requests in relation to a holiday, you must
advise us at the time of booking and clearly note it on your booking
form. Although we will endeavour to pass any reasonable requests on
to the relevant supplier, we regret we cannot guarantee any request
will be met unless we have specifically confirmed this. For your own
protection, you should obtain confirmation in writing from us that
your request will be complied with (where it is possible for us to
give this) if your request is important to you. Confirmation that a
special request has been noted or passed on to the supplier or the
inclusion of the special request on your confirmation invoice or any
other documentation is not confirmation that the request will be
met. We regret we cannot accept any conditional bookings, i.e. any
booking which is specified to be conditional on the fulfilment of a
particular request. All such bookings will be treated as "standard"
bookings subject to the above provisions on special requests.
20. Flights booked through us
Where
your holiday includes a flight, in accordance with EU legislation,
we are required to advise you of the carrier(s) (or, if the
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 shall
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. We are also required to bring to your attention the
existence of a "Community list" which contains details of air
carriers that are subject to an operating ban with the EU Community.
Any
flight timings and types of aircraft shown in this brochure and
detailed on your confirmation invoice are for guidance only and are
subject to alteration and confirmation. The latest timings will be
shown on your holiday documents which will be dispatched to you
approximately two weeks before departure.
You
must accordingly check your holiday documents very carefully
immediately on receipt to ensure you have the correct flight times.
It is possible that flight times may be changed even after holiday
documents have been dispatched and we will contact you as soon as
possible if this occurs. Any change in the identity of the carrier,
flight timings, and/or aircraft type will not entitle you to cancel
or change to other arrangements without paying our normal charges
except where specified in these conditions.
If
the carrier with whom you have a confirmed reservation becomes
subject to an operating ban as above as a result of which we or the
carrier are unable to offer you a suitable alternative the
provisions of section 10 (If we change or cancel your holiday) will
apply.
21. Passports and Visas
It
is essential that you provide details of each traveller correctly
and according to passport or other identification. Some suppliers
will deny carriage if the travellers name varies from your booking
and may cancel automatically if the travellers name is amended. We
have no responsibility for any loss or damage arising from incorrect
entry of travellers names and any inability to travel as a result of
carriers or other relevant suppliers policies.
Whilst we are able to provide basic advice to you regarding
passports and visa requirements, you should check with the
appropriate Embassy, Consulate or British Foreign Office for the
exact requirements for your chosen holiday and date of travel. It is
your responsibility to ensure that you have the correct passport and
visas to gain access to any country/region included in the travel
arrangements which you purchase from us. If you fail to do so, we
have no liability to you for any cost, loss or damage which you
suffer, nor will we refund you the cost of any unused portion of
your travel arrangements. In some cases, countries will refuse entry
to persons who have criminal records. Should you be concerned about
this, please check with the embassy or consulate of the countries to
which you are travelling. You are entirely responsible for ensuring
that all members of your group have the correct and valid
documentation for travel. We cannot accept responsibility for any
failure to comply resulting in any costs or fines being incurred and
we advise you to check with your passport office or the consulate in
question if you have any queries. If, as part of your holiday, you
are travelling overland to certain destinations, you may also need
to pass through controls of other countries en-route so this should
be allowed for with any passport/visa applications. We will not
accept any responsibility or refund any money in cases where you are
unable to travel as a result of misplaced or invalid passport or
insufficient or inadequate visa documents.
22. Complaints
If you have any complaint during your holiday you must inform our
local representative (emergency contact) or your tour leader (if
applicable) and the relevant supplier of the service immediately. If
you are not happy with their action in response please follow this
up within 28 days of your return home by writing to us at: Vamos
Travel ltd,
Pure Offices, 54, Plato Close, Tachbrook Park, Leamington Spa,
Warwickshire, CV34 6WE, England. For all complaints and claims which
do not involve death, personal injury or illness, we regret we
cannot accept liability if you fail to notify the complaint or claim
entirely in accordance with this section 22.
23. Brochure, website, pdf-downloads, pictures, maps,
advertising material Accuracy
Dates
and itineraries shown for tours are indicative only and subject to
change.
Please note, information contained in our brochure, on our Website
and in our other advertising material may have changed by the time
you come to book your holiday. Whilst every effort is made to ensure
the accuracy of holiday details and prices at the time of
publishing, regrettably errors do occasionally occur. You must
therefore ensure you check all details of your chosen holiday
(including the price) with us at the time of booking.
Our
Websites and brochures photographs, video’s and illustrations and
other advertising materials are for promotional purposes only. The
descriptions and illustrations on any of our literature and website
are given as approximate representations only and given in good
faith. The material may contain inaccuracies or typographical
errors. The contents of our brochures and Websites, such as text,
graphics, images and other material are protected by copyright under
both English and all applicable laws. Unauthorised use of the
material may violate copyright, trademark and other laws. We do not
warrant that the Website will operate error-free or that the Website
and its server are free of computer viruses and other harmful
material. We are not responsible for the content of linked third
party sites and do not make any representations regarding the
content or accuracy of materials on such third party websites. If
you decide to access linked third party websites, you do so at your
own risk.
24. Tickets for performances, festivals and concerts
Where
your holiday includes tickets for performances, festivals and/or
concerts, we cannot be held responsible for any cancellations,
re-scheduling, changes of venue or changes of cast made after the
booking of your holiday. If you wish to cancel your holiday due to
performance change, the stated terms for cancellation set out in
section 10 will apply.
25. Holiday Information Pack
If we
issue you with a holiday information pack detailing relevant
information regarding your holiday, this pack and all the
information contained therein will be deemed to be part of the
contract. Holiday information packs are available from our Website
or by e-mail from your travel manager. They contain up-to-date
definitive information about the itinerary and travel arrangements.
Should there be a discrepancy between the information in the
brochure or Website and the holiday information pack, the
information in the holiday information pack supersedes that in the
brochure or on the Website and will be considered the most
up-to-date and accurate.
26. Data Protection
We
may from time to time contact you with information on offers of
goods and services, brochures, new products, forthcoming events or
competitions from our holiday divisions and our holiday group
companies. Please note that we will assume you to agree to receiving
these communications, including e-communications, when you make a
booking. You have the right to ask in writing not to receive direct
marketing material about our products and services. If do not wish
to receive such information, please let us know. Once notified by
you, we will take steps to stop using your information in this way.
You
have the right to ask in writing by completing our Data Subject
Access Request form for a copy of the information we hold about you
(for which we may charge a fee) and to correct any inaccuracies in
your information.
If
you would like a list of our group companies or brands, please send
us your request. Our address is, Vamos Travel,
Pure Offices, 54, Plato Close, Tachbrook Park, Leamington Spa,
Warwickshire, CV34 6WE, England.
27.
General
The
Contract between you and us is binding on you and us and on anyone
either we or you transfer the Contract to. You may not transfer,
charge or otherwise dispose of a Contract, or any of your rights or
obligations arising under it, without our prior written consent. We
may transfer, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at
any time during the term of the Contract.
If
either you or us decide not to enforce our rights in relation to the
Contract (or delay in doing so) this will not prevent either you or
us from enforcing those rights at a later stage.
If
any court or competent authority decides that any of the provisions
of these Terms and Booking Conditions, or any provisions of the
Contract, are invalid, unlawful or unenforceable to any extent, the
term will, to that extent only, be severed from the remaining terms,
which will continue to be valid to the fullest extent permitted by
law.
These
Terms and Booking Conditions, the Booking Form and (if applicable)
the holiday information pack will constitute the whole agreement
between us and supersede all previous discussions, correspondence,
negotiations, previous arrangement, understanding or agreement
between us relating to the subject matter of any Contract.
We
each acknowledge that, in entering into a Contract, neither of us
relies on any representation or warranty (whether made innocently or
negligently) that is not set out in these Terms and Booking
Conditions or the documents referred to in them. As you would
expect, this will not apply if either of you or us has been
fraudulent.
We
intend to rely upon these Terms and Booking Conditions and any
document expressly referred to in them in relation to the subject
matter of any Contract. While we accept responsibility for
statements and representations made by our duly authorised agents,
please make sure you ask for any variations from these Terms and
Booking Conditions to be confirmed in writing.
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