New Zealand 2016/17
PLEASE READ CAREFULLY:
Explore Worldwide Ltd (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated. Please note, the information appearing in the sections headed “Information About Our Tours" in our brochure or in these or any comparable sections and any other relevant information on our website also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or information on our website.
1. YOUR TOUR CONTRACT
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (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, Wales, Scotland and Northern Ireland only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2.TO SECURE YOUR BOOKING
(Please refer to Clause 17 Late Bookings) To secure a booking the Company or their agent requires the the minimum deposit of 10% of the total tour price per person, whichever is the greater (or full payment for travel within 70 days). A higher deposit will be payable if any supplier(s) requires additional payment at the time of booking / prior to balance due date. On occasions, full payment for a service such as your flights may be required at the time of booking. The applicable deposit will be confirmed at the time of booking. See also “ How to Book” section. Clients booking by telephone, on the website, by e-mail or facsimile will be deemed to have agreed to the following four conditions:
a) they have read and accepted our booking conditions and general information pages contained in our brochure and/or on our website.b) they appreciate and accept the risks involved in adventure travel.c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to in clause 10 below so that we can advise. d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.A booking is accepted and becomes definite only from the date when the Company issues a confirmation invoice to the client who makes the booking or their authorised travel agent. It is at this point that a contract between the Company and the client comes into existence. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease tour prices. The Company or their agents reserve the right to decline any booking at their discretion. If you book via our website, we will communicate with you by e-mail.You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail.
You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment)
3. PAYMENT FOR YOUR TOUR
The balance of all monies due must be paid to the Company or their agent not later than 60 days before departure. For certain tours , full payment must be received at an earlier stage before the start of your tour. You will be advised at the time of booking when this is the case. In the case of non payment of the balance by the due date the Company reserves the right to treat the booking as cancelled by the client and cancellation charges will apply. Monies paid to an agent acting on behalf of the Company for tours operated by the Company are held for the client until the client receives written confirmation of the acceptance of a booking.Thereafter, these and any other monies are held by the agent on behalf of the Company.
4. IF YOU CHANGE YOUR BOOKING
a) A confirmed booking can be changed or transferred free of charge to a different departure date or tour, up to 60 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below. Changes are subject to availability and are limited to one transfer during the lifetime of your booking. It is not possible to rebook back onto the original departure once you have either transferred or cancelled your booking. You can request a credit voucher for the amount paid in respect of any cancelled booking, less any non-refundable charges incurred by us or imposed by our suppliers. This must be redeemed within 12 months of issue against a new booking. No further credit vouchers can be requested against the new booking. The voucher cannot be exchanged for cash. No cash refund will be provided if the cost of the new booking is less than the value of the credit voucher.
b) If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by you) up to 60 days prior to departure. Any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight / an alternative flight.
5. IF YOU CANCEL YOUR BOOKING
Should the client wish to cancel, cancellation charges will be imposed.These are calculated from the day written notification is received by the Company or their agent as a percentage of the total tour price, including surcharges, as shown below, or the non-refundable deposit,whichever is greater.The cancellation charges shown below are those which apply to most tours. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation.You will be advised at the time of booking if this is the case for your tour. a) 60 and more days before departure –retention of deposit b) 59-42 days before departure – 30% c) 41-28 days before departure – 60% d) 27-14 days before departure – 90% e) Less than 14 days – 100% In addition to the these cancellation fees, the full insurance premium is also retained in the event of a cancellation.
It is strongly recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining clients.
6. IF YOU HAVE A COMPLAINT
If you have a complaint about any of your trip arrangements, you must tell both the relevant supplier and our representative at the time. It is only if we and the supplier know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If your complaint cannot be resolved on trip you should notify us in writing within 28 days of the end of your trip. If we are unable to mutually resolve your complaint you may call upon the low cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service. Alternately you can refer your complaint for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd at 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY or from ABTOT, Tower 42, Old Broad Street, London EC2N 1 HG. This scheme cannot however decide in cases where the sums claimed exceed £1,500 per person or £7,500 per booking, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof. Please note that Dispute Settlement Services Ltd are not listed on the Government's Alternative Dispute Resolution (ADR) scheme ADR list but still able to provide Arbitration. Please also see clause 1: Your Trip Contract.
7. PASSPORTS, VISAS AND VACCINATIONS
Clients are responsible for arranging,and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing,baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
8. TRAVEL AND CANCELLATION INSURANCE
Clients are responsible for effecting sufficient personal travel insurance.Travel insurance is mandatory for all clients whilst on a tour organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Protection for at least US$100,000 emergency medical evacuation plus US$100,000 medical expenses is mandatory. Clients are wholly responsiblefor arranging their own insurance and ensuring that they are in possession of private Travel Insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate benefits. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities included in their tour. Whether clients choose to obtain Travel Insurance through the Company, the Company’s agent or through their own independent arrangements, the clients must satisfy themselves that any such insurance is what they require and clients should arrange supplementary insurance if need be.
9. IMPORTANT: LIABILITY INSURANCE
Limited insurance is held by the operator.The client acknowledges and accepts that there may be no policy covering the Company’s liability to its clients for death,injury, damage or loss occurring anywhere in the world.The client also specifically acknowledges that with respect to passenger accident liability cover this cover may be very limited or may not exist at all.The client acknowledges that the company has taken reasonable steps in safeguarding its liability. Although the Company does hold various insurances this booking condition states that the client must assume he/she is not covered by any Company insurance policy, including all liability insurance, for death, injury,damage or any other loss.
10. TOUR PARTICIPATION AND CLIENT RESPONSIBILITY
Clients agree to accept the authority and decisions of the Company’s employees, tourleaders and agents whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above.
No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking.
In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
11. IF WE CHANGE YOUR TOUR
While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our the website at any time before or after your booking is confirmed. Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. For “Guaranteed Departures”, we promise not to make any significant changes to the “land only” itinerary unless we are forced to do so by force majeure (see clause 13). This guarantee does not, however, apply to any international or domestic flights which may be subject to change or cancellation in accordance with these conditions.
A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour. If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost if applicable), purchasing another available tour from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the tour with a full refund of all monies paid to us. No compensation will be payable and the above options will not be available where a change is a minor one.We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour. Very rarely, we may be forced by "force majeure" (see clause 13) to change or terminate your tour after departure but before the scheduled end of your time away.
This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
12. IF WE CANCEL YOUR TOUR
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 6 weeks before the start of the tour except for force majeure (see clause 13) or the client’s failure to make all payments when due. Please note, except for “Guaranteed Departures”, our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 6 weeks before the start of your tour. For “Guaranteed Departures”, there is no minimum group size and we will not cancel the “land only” itinerary unless forced to do so by force majeure (see clause 13).
If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing the alternative tour offered as a result of consolidation or another available tour from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangement which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour.
13. FORCE MAJEURE
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of "force majeure". In these conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control
14. OUR RESPONSIBILITY FOR YOUR HOLIDAY
Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our at their own volition. Due to political and cultural differences, as well as generally tougher physical conditions, travel to many areas of the world involves risks other than those we take in our daily lives.The Company and the tour operators it works with place extreme importance on the safety of clients. It is important, however, that clients realise that they are responsible for making themselves aware (through State Department advisories, Government Tourist Offices and other sources of information) of the risks involved, and are responsible for making their decisions accordingly.No refund will be made for any unused services which are included in the price.The Company shall not be liable for any delays, deviations or omissions from any tour caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences thereto.
The Company shall not be liable to compensate clients for associated expenses incurred as a result of their booking.The Company only acts as agent for the owners, contractors, suppliers of transportation and local operators/agents,and/or other related travel services provided and assumes no liability or responsibility for additional expenses howsoever caused arising directly or indirectly from the actions or omissions of such independent parties, accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc, over which it has no control. Arrangements so made by the Company will be subject to any special terms imposed by the supplier of these services.The Company accepts no liability for any action or activity undertaken by the client arranged independently of the Company while on tour.
The Company accepts no liability for any circumstance arising pursuant to the agreement constituted by acceptance of these conditions by the client save:a) where such circumstance derives directly from a failure by the Company to use due diligence in the selection of persons for whom it acts as agent; or b) for negligence on the part of its employees causing death or personal injury; or c) to the extent of recovery by the client under the insurance cover effected pursuant to these conditions.
15. OPTlONAL EXCURSIONS AND ACTIVITIES
We and 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 which 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 contract. The local operator / provider’s terms and conditions will apply. 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.
Airlines featured are not responsible for any acts or omissions of any supplier of transportation or accommodations other than the airline itself, and accordingly,airlines are not liable in respect of either person or property for any loss, damage, injury, accident, delay or irregularity, however occasioned, sustained or suffered in or during any package, journey, trip or tour other than while on the airline. International airlines are subject to international air conventions limiting their liability, the limitations of liability are contained on the reverse side of airline tickets and form part of the terms and conditions of any package.
17. LATE BOOKINGS
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours.For bookings received within 6 weeks of departure we reserve the right to pass on any extra costs incurred. For bookings received within 6 weeks of departure the Contract between the Company and the Client comes into existence once full payment has been made and received by Explore.
18. BROCHURE / WEBSITE / ADVERTISING MATERIAL ACCURACY
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.
Data protection and privacy statement
Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003 (“data protection laws”). You confirm that you will only enter information about yourself and those in your party and that such information is true.
For the purposes of the Data Protection Act 1998, we, Explore Worldwide Limited are a data controller. In order to process your booking, brochure and Trip Note requests, provide your trip and to help us provide you with a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen trip arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We need to pass on your personal details to the companies and organisations who need to know them so that your trip can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your trip is to take place or involves suppliers outside these countries.
We would also like to store and use your personal details for future marketing and trip review purposes (for example, sending you a brochure or details of new features, trips or special offers which we think may be of interest to you, including by email). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept by us but we will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so).
We may also send you promotional information about selected third parties’ products and services that may be of interest to you.
Occasionally we hire other companies to provide services on our behalf, for example providing holiday reviews and mailing information to our customers. We only provide those companies with the personal details relating to our clients which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details for this reason agrees to treat it with the same level of protection we are obliged to provide.
If you do not want us to do any or all of these things, please let us know as soon as possible.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect, please contact us immediately.
Please note telephone calls may be recorded for training and monitoring purposes.
From time-to-time, our staff, customers and suppliers may take photographs and video footage of trips in progress, including pictures of our customers. These pictures may be used in future marketing materials and stored physically and digitally. If you do not wish for your family to be filmed or for your pictures to be taken or used in this manner, please advise your Explore Leader and/or the photographer at the start of your trip.
As our privacy statement may change due to developments in the law, we would encourage you to re-read our privacy statement at www.explore.co.uk/privacy-policy from time to time so that you are aware of any changes in how we gather and use personal information.
ISSUE DATE: September 2016. Explore Worldwide Ltd.Registered Office: Nelson House, 55 Victoria Road, Farnborough,Hampshire, GU14 7PA, UK.VAT No. 358 7552 13.