These conditions in the booking form and your itinerary form the basis of your contract with Arts & Travel Ltd. In these conditions “we”, “us” and/or “our” shall mean Arts & Travel Ltd. “You” and “your” shall mean the signatory of the booking form and everyone named on the booking form including anyone added or substituted subsequently.
1a) In order to make a booking you must complete and sign the booking form and send it to us with the correct deposit or full payment as applicable. Once we have received your booking form and all the appropriate payments, we will, subject to availability, confirm your holiday by issuing you a confirmation invoice. A contract will come into existence between you and us when we dispatch our confirmation invoice.
You must notify us within 14 days of the date specified on the invoice if such confirmation invoice does not confirm accurately your reservation, failing which you shall be bound by the invoice. Verbal descriptions, agreements, requests and alterations to these terms and conditions can be misunderstood and are hard to confirm or clarify subsequently. For your own protection you should obtain all such information and communication in writing from us.
1b) Law & Jurisdiction: A binding contract between you and us comes into existence when we dispatch our confirmation invoice to the party leader. English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We also agree that any dispute, claim or other matter of any description (and whether or not involving injury) which arises between us must be dealt under the AITO Arbitration Scheme (if the Scheme is available for the claim in question) or 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. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
2) THE HOLIDAY PRICE
2a) Please check the price of your chosen holiday at the time of booking as sometimes changes and errors can occur. We reserve the right to increase / decrease and correct errors in advertised prices and make changes to and correct errors in services or other particulars contained in our brochure/website at any time before your holiday takes place. We will advise you of any change/error of which we are aware and of the then applicable price or other changes at the time of booking. Whenever possible we prefer to price the itinerary in the destination currency to avoid last-minute price changes, this way the exchange rate is calculated at the time of payment and will be set by your bank at the best possible rate of exchange. However, if the tour is priced in a currency other than the destination currency then it becomes subject to revision, which could either be in your favour or not.
3) PAYING THE BALANCE
Please see your trip information.
4) AMENDMENTS BY YOU
4a) We will always try to comply with any requests for alterations to the booking where possible but please note alterations cannot be guaranteed. Where they can be made, we will charge an amendment fee of up to £50 per person together with any charges imposed on us by the suppliers of the component part of the package. Requests for amendments must be submitted in writing by the person who signed the booking form.
You may change your booking up to 7 days before departure by transferring it to another person if you are unavoidably prevented from travelling, and the person to whom you wish to transfer the holiday meets any conditions which may apply to it. The right to transfer is subject to a payment of an administration fee of £50 per person, and the payment costs incurred in making the transfer (see 4a above).
5) ALTERATION BY US
These tours have been carefully arranged, and the descriptions on the website and on the itineraries are as accurate as possible. However tours are planned far in advance and changes can become desirable and unavoidable. Most operational changes are of a minor nature although we are not obliged to inform you, we may do so. Sometimes we may have to make a significant change. A “significant change” is defined as a change to a lower official standard of accommodation for example. Where it is necessary to make a “significant change”, we will inform you as soon as possible before departure. If there is no time to do so before departure, we will offer you the choice of one of the following options;
a) accepting the change, or
b) cancelling your booking and receiving a full refund of all monies paid.
Please note that no compensation will be payable and the above options will not be available if the change made is a minor one.
In these booking conditions “force majeure’’ means unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not be foreseen or avoided by us even with the exercise of all due care. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside its control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described below) as a result of “force majeure”.
6) CANCELLATION BY YOU:
If you cancel the holiday of any or all of the persons named on the booking form, cancellation charges will apply which will vary according to the time we receive a written cancellation notice signed by the person who signed the booking form. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. The cancellation charges vary depending on the travel program; please contact us for more information.
Insurance claims must be made direct to the insurance company, but as soon as we receive written confirmation of the cancellation we will provide a cancellation invoice.
7) CANCELLATION BY US
We reserve the right to cancel your holiday arrangements though this is an extremely rare occurrence. Should this happen, we will give you as early notification as possible and you will be entitled to a full refund. No compensation will be payable and the above option will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we have to cancel due to low bookings i.e. where the minimum number of persons required to run the package is not met. In the case of cancellation due to low bookings, we will advise you no later than 30 days before departure. For the avoidance of doubt we will not be liable to pay you any additional travel or other costs, expenses or losses which you incur as a result of any change or cancellation by us (such as for connecting flights or other travel arrangements).
8a) Departure timings will be confirmed with the final itinerary and will apply throughout the tour unless the Tour Manager advises you otherwise. It is your responsibility to arrive promptly at these times, and the company accepts no liability for any costs to additional transport or alternative arrangements if you fail to do so.
A valid in date passport is necessary for all the holidays the Company offers. If you or any member of your party changed their name between booking a holiday and travelling, you/they should contact us to have the necessary changes in plenty of time. Appropriate documentation, e.g. marriage certificate should be carried if the passport has not been amended. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We regret we cannot accept any liability if you are refused entry into any country or into any transport due to failure on your part to carry correct documentation.
10) HEALTH & SAFETY
We advise that anyone who is not in general good health, or is pregnant, or elderly, or suffers from any condition should only travel with their doctor’s consent, and you should ensure that they bring correct medicines and prescription details. For up to date safety concerning travel to any of the destinations we feature look up the Foreign & Commonwealth Travel Advice on www.fco.gov.uk.
11) BEHAVIOUR OF THE CLIENT
The Client undertakes to behave in an orderly fashion, not to disrupt the enjoyment of others or to prejudice our reputation with our suppliers. The holiday of any client in breach of this clause shall be terminated forthwith and we shall have no further contractual or other obligations towards him. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You are liable for all damage and losses caused by your actions. Our holiday Insurance covers against 3rd party risks. 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 its own and the other party’s full legal costs) as a result of your actions.
12) LUGGAGE & PERSONAL POSSESSIONS
Luggage and personal possessions remain at all times your own responsibility. For your own peace of mind, we strongly recommend that valuables are left at home in a secure place and that if you bring valuables with you, you deposit them at the hotel safe or where it exists in the room safe. In any case you should check the terms of your travel insurance policy.
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure for us, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which are unforeseeable or unavoidable or ‘force majeure’ as defined in clause 5 above.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities that your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them and for any excursion you purchase on location. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) 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. If the particular services which gave rise to the claim or complaint complied with 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.
(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. 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 lower limitation applies to the claim under this clause or clause 13 (6) below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the total price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected unless a lower limitation applies to the claim under clause 13 (6) below. This maximum amount will only be payable where nothing has been provided or performed or made (as applicable) as promised and you have not received any benefit at all from the holiday.
(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 road carrier or any stay in a hotel, 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 or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question. Please note: Where a carrier or hotel 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 that claim. When making any payment, we are entitled to deduct any money that we have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) 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 (b) which did not result from any breach of contract or other fault by us or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8) You must provide our insurers and us with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 17 below. 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 that are transferred.
14) DATA PROTECTION
We will provide your name to the hotels and to other suppliers where necessary, to enable the operation of the services requested by you. If you make a special request, which includes for example special dietary, religious or disability related requirements that constitute sensitive information, the relevant data will also be passed on to the relevant suppliers and carriers to enable provision of the services requested by you.
(b) we do not store credit card details nor do we share customer details with any 3rd parties.
15) EXCURSIONS, ACTIVITIES & BROCHURE INFORMATION
We may provide you with information (on our website and/or when you are on holiday) about activities, restaurants, guided tours and excursions which are neither run, supervised nor controlled in any way by us. Local operators other third parties who are entirely independent of us provide them. They do not form any part of the contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities, restaurants, tours or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13 of these booking conditions will not apply to them. We do not however exclude liability for its negligence or that of the employees resulting in your death or personal injury.
16) SPECIAL REQUESTS AND MEDICAL PROBLEMS
All special requests must be advised to us in writing at the time of booking. We will check any reasonable request with the relevant supplier and once we have confirmation of this from the supplier, will confirm it to you. 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.
It is very important to us that you have a good holiday, as we passionately believe that holidays are important. We have always had very satisfied clients. If you are in any way dissatisfied with an aspect of your holiday, you must notify the Tour Manager/Company or any relevant supplier at the time on tour. This is so that you can give us and our suppliers the opportunity to, where possible, resolve any problems on the spot before they can spoil your holiday. If you are ill whilst on holiday you must in addition to reporting your illness to your Tour Manager, consult a local doctor and a GP on your return. Should you wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both these doctors. For all complaints, if you think that you are entitled to compensation from us, you must write to us outlining the nature of the complaint within 60 days of the end of the Tour. Failure to follow the procedure may reduce or extinguish any rights that you may have to make a claim against any relevant supplier or us.