CYCLING 2016-17 p104-105

exodus Cycling2016

Call 0845 863 9626 or visit www.exodus.co.uk Please read these booking conditions carefully, they form an important part of the contract for your holiday. All holidays advertised in our brochures and on our website are operated by Exodus Travels Ltd. Registered number 1150160 (hereinafter called ‘the Company’, ’we’, ‘us’ or ‘our’), a member of the TUI AG Group of Companies. Registered UK office: TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL, and are sold subject to the following conditions: Insurance. Please Note: Adequate and valid travel insurance is compulsory for all Exodus travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure. 1. Your Financial Protection. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency. We will provide you with financial protection for any ATOL protected flight or flight inclusive holiday that you buy from us by way of our Air Travel Organiser’s Licence number 2582, administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claim which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The price of your holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times. We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com. If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply. We are a Member of ABTA, membership number Y0751. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. 2. How to Book. To make a booking you can contact us in several ways: directly over the telephone, via our website www.exodus.co.uk (‘Website’), or through an approved travel agent. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations. For all holidays, excluding Polar holidays, you will need to pay a deposit to us at the time of booking of at least 10% of your selected travel arrangements (minimum £150 or equivalent). For Polar holidays the required deposit is 20% of your selected travel arrangements (minimum £1000 or equivalent). You may also be required to pay for any non-transferable and non-refundable items such as National Park entrance fees and Permits. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 56 days (133 days for Polar holidays) before departure. In certain cases we may request full payment more than 56 days before departure where, for example, airlines require full payment on booking. If you book less than 56 days before departure (133 days for Polar holidays), full payment must be made on booking. If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit plus any other relevant charges. When you book your holiday through an approved travel agent, all communication between you and us will be made through that agent, as such please contact your agent in the first instance, as no changes can be made to your booking unless they are made through your agent. Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 2% (inc. VAT). If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Travel documents will be sent or emailed to you approximately 2-3 weeks before the departure of your tour, and will not be issued unless payment of the due balance has been received and any cheques have cleared. If you live outside the UK we will email any trip information documents. If requested in the trip information documents 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. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advance Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Borders’. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night’s stay. You must provide this information to the airline between 6 months and 24 hours before departure. We may transfer your booking to another company within our group, but this will have no effect on your holiday arrangements. 3. Prices, Surcharging and Air Passenger Duty. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication. 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 any flight supplements, upgrades or additional facilities which you have requested. Prices quoted in this brochure are based on exchange rates published by OANDA on 15 August 2015. Changes in transportation costs, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may either accept a replacement holiday from us of equivalent or similar standard and price (at the date of the change) if we are able to offer you one or you may cancel your holiday booking and receive a full refund, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £1.00 per person. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. In all cases, we will only consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Dates and itineraries shown for tours departing after 1 January 2016 are indicative only and subject to change. Air Passenger Duty “APD”, which is payable by all passengers departing from UK airports, is included in the price of your holiday/flight ticket. The price of your holiday will include APD for an economy seat. If you upgrade to a premium cabin this will be included in the upgrade cost. 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. 4. If you Change or Cancel your Booking. 4.1 If, after our confirmation has been issued, you (i) make a change to your existing booking or (ii) wish to change to a different tour or change departure date, we will try to make the changes subject to availability, provided that notification is received in writing at our offices from the lead name at least 56 days (133 days for Polar holidays) before departure, but we reserve the right to charge an amendment fee of £50 per booking for each change. 4.2 Any alteration, whether a change to an existing booking or a change to another tour or departure date, will be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the tour. If the holiday to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable. Any alteration by you within 56 days of departure (133 days for Polar holidays) will be treated as a cancellation of the original booking and will be subject to cancellation charges. 4.3 Subject to the conditions below and section 4.4, where you are unable to travel you can either (i) transfer your booking (and your deposit) to a new booking on a different trip departing within 3 years of your original departure date; or (ii) transfer your booking to another person, providing the following conditions are met: a) you notify us in writing at least 56 days before departure (133 days for Polar holidays) and give us authority to make the transfer; and b) your request is accompanied by all original travel documents which you have received and if you are transferring your booking to another person, the full name and address of the person to whom you wish to transfer your holiday booking (“transferee”); and c) if you are transferring your booking to another person, the transferee accepts the transfer and these booking conditions, and fulfils any conditions that apply to the booking; and d) your, or the transferee are able to confirm that suitable travel insurance is in place; and payment is made by you of all costs charged or levied by those supplying your travel arrangements. Where you are transferring your booking to another person, both the transferor and transferee will be jointly and severally liable for payment of the holiday price and other associated expenses. Please note that any request to transfer your booking (either to another date or another person) will be treated as a cancellation if such notice is received within 56 days of departure (133 days for Polar holidays) and will be subject to cancellation charges. 4.4 Some airline carriers and other transport providers treat name and departure detail changes, such as date and time changes, as a cancellation. Accordingly you may have to pay for the cancelled ticket and be required to pay for the full cost of a new ticket. 4.5 You, or any member of your party, may cancel your tour at any time providing that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt by us of your written communication. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below. These charges are based on how many days before your booked departure we received your cancellation notice. These charges are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of passengers you wish to cancel from the booking: Period before scheduled departure date Cancellation charge per person as when notice of cancellation is received percentage of total booking price More than 56 days before departure date Loss of deposit unless booking (and deposit) is transferred to a new booking for a different trip departing within 3 years or the original departure date Between 56 and 42 days before departure date (inclusive) 50% of the holiday cost Between 41 and 28 days before departure date (inclusive) 60% of the holiday cost Between 27 and 15 days before departure date (inclusive) 80% of the holiday cost 14 days or less before departure date (or failure to join the holiday) (inclusive) 100% of the holiday cost For Polar holidays cancelled within 133 days of the departure date the following cancellation charges will be made: For Polar holidays: Period before Cancellation charge per person as scheduled departure date when percentage of total booking price notice of cancellation is received More than 133 days before departure date Loss of deposit 133 days or less before departure date (or failure to join the holiday) (inclusive) 100% of the holiday cost Please note that for certain travel arrangements e.g. many scheduled transport providers, the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. We strongly recommend you to take out insurance that includes cover against irrecoverable cancellation costs. Additionally, you will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation. You may however be able to transfer this cover to another holiday. 4.6 All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be from the Lead Name in writing and in English by email or sent by recorded delivery post to Exodus Travels, Ltd., Grange Mills, Weir Road, London, SW12 0NE. 5. If we Change or Cancel your Booking. 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. We plan the arrangements for your tour many months in advance and may occasionally have to make changes, most of which are minor. Flight timings and carriers shown in the brochure are for guidance only and are subject to change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your e-ticket itinerary, which you should check carefully as soon as you receive it. A change of carrier will not be considered a major change. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘major’ depends on the nature of the tour and may include: a change in accommodation to that of a lower category; a change in time of your scheduled departure or return flight by more than 12 hours (but not a flight delay); or a change of UK departure airport (excluding changes between London airports). A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the change is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes. When a major change occurs, you will have the choice of either: (a) accepting the change; or (b) accepting a replacement tour from us of equivalent or similar standard and price (at the date of the change), if we are able to offer you one; or (c) cancelling your tour, in which case you shall receive a full refund of all monies paid. We may also have to cancel your holiday arrangements. 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. However we will not cancel your tour less than 4 weeks before the scheduled departure date except for reasons of force majeure (as defined below) or failure on your part to pay the deposit and/or final balance, or any other reason beyond our control. Where we cancel your booking where you are not in breach of these booking conditions and other than for reasons of force majeure, we will offer you either a refund of the monies received by us in respect of the booking, or offer you, if available, a replacement holiday from us of equivalent or similar standard and price (at the date of the change). 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. Where we make a major change to or cancel your holiday (where you are not in breach of these booking conditions), except where a major change or cancellation arises from circumstances amounting to force majeure, consolidation due to minimum numbers not being attained, failure on your part to pay the deposit and/or final balance, or for any other reason beyond our control, we will pay you, as a minimum, compensation as detailed below. Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change or cancellation: Period before scheduled departure Compensation payable per person date when we notify you of a major change or cancellation Before balance due date Nil Between balance due date and 14 days before departure date (inclusive) £20.00 Between 13 days and the date of departure date (inclusive) £30.00 This standard compensation payment will not affect your statutory or other legal rights. We will only make one compensation payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard compensation payment. 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. Circumstances amounting to “force majeure” include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riots, civil disturbances, industrial disputes, actual or threatened terrorist activity and its consequences, natural or nuclear disasters, fire, epidemics, health risks and pandemics, acts of God, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential adverse weather conditions, and any other similar events. Under European law (European Community Regulation (EC) No. 261/2004), you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation of and delays to flights. Full details of these rights are publicised at EU airports and are also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us. Your right to a refund and/or compensation from us is set out in this section 5. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Aviation Consumer Advocacy Panel on 020 7453 6888 or at www.caa.co.uk. 6. Our Liability, Conditions of Carriage & Limitations Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements. Our liability in all cases will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE. We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is attributable to our employees, agents, subcontractors and suppliers and their staff whilst acting outside the scope of their employment, or is due to information, however obtained, from outside sources such as independent third party websites, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled. If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage. If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased overseas your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall, where appropriate and subject to our absolute discretion, try to help if we can. We may help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met: (i) you must ask us for such assistance within 90 days of the misadventure; (ii) you must make a claim under your insurance policy’s legal expenses or other appropriate section. You must show us proof that your insurance company has received your claim; and (iii) in the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, you must repay us the costs actually incurred by us in giving this assistance. 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. We may operate 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. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel 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. Pro rata refunds will be given for services not utilised wherever possible. Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on tour. On certain tours on which our local service providers will on day 1 of the tour ask you to sign an ‘Acceptance of Risk’ 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 service provider and the Company shall not be responsible for any claims made by you for incidents arising due to circumstances outside the service provider’s and the Company’s reasonable control. Where this is the case details are outlined in the Trip Notes and you may request a copy of the applicable form by contacting us. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time. Booking Conditions BOOKING CONDITIONS 104


exodus Cycling2016
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