Booking Conditions
The following booking conditions together with our Privacy
Policy and any other written information we brought to your
attention before we confirmed your booking, form the basis of your
contract with Great Rail Journeys Limited trading as Great Rail
Journeys, Rail Discoveries and GRJ Tailormade (Independent)
of 4th and 5th Floors, HQ Building, Hudson Quarter, Toft
Green, York, North Yorkshire, YO1 6JT ("we", "us" or "ourselves")
Reg No 3208093. Please read them carefully as they set out our
respective rights and obligations. By asking us to confirm your
booking, we are entitled to assume that you have read these booking
conditions and agree to them. References to "you" and "your" means
all persons named on the booking (including anyone who is added or
substituted at a later date), or any of them as applicable.
References to "holiday", "booking", "tour" or "arrangements"
means the holiday arrangements which we agree to make, provide or
perform (as applicable) as part of our contract with you, unless
otherwise stated.
Unless these booking conditions state otherwise, any reference
to European Union law and/or International Conventions in these
booking conditions that is directly applicable or directly
effective in the United Kingdom is a reference to how it applies in
England and Wales. This includes where the law has been retained,
amended, extended, re-enacted or given effect on or after 11pm on
31st January 2020 (including the transition period).
By making a booking, the first named person on the booking
("party leader") agrees on behalf of all persons detailed on the
booking that:
a. He/she has read these booking conditions and has the authority
to and does agree to be bound by them;
b. He/she consents to our use of information in accordance with
our Privacy Policy;
c. He/she is over 18 years of age and where placing an order for
services with age restrictions declares that he/she and all members
of the party are of the appropriate age to purchase those
services;
d. He/she accepts financial responsibility for payment of the
booking on behalf of all persons named on the booking; and
e. He/she accepts responsibility for passing all documentation and
information in regards to the booking on to all persons named on
the booking.
1. Making Your Booking
You may book with us by telephone, online or via one of our
authorised travel agents. Once we (or your authorised travel agent)
have received all appropriate payments, we will, subject to
availability, confirm your holiday over the telephone (where you or
your travel agent make the booking by telephone) or by e-mailing or
otherwise sending a booking confirmation letter/invoice to the
party leader. We reserve the right to return your deposit and
decline to issue a confirmation at our absolute discretion. Where
you book through one of our authorised travel agents, the booking
confirmation letter/invoice and all other communications will be
sent to your agent and you should also contact us through the
agent. Alternatively, you can book online via our website in which
case your holiday booking will be acknowledged by e-mail and a
booking confirmation letter/invoice will follow. The
acknowledgement of your booking is not a confirmation of it and
does not create a legally binding contract. A binding contract
between you and us only comes into existence once we have issued
you with a booking confirmation that will confirm the details of
your booking and will be sent to you or your travel agent. All
references in these booking conditions to the confirmation of your
booking means the booking confirmation letter/invoice. A
provisional booking can be made by phone but you must send the
applicable payment within 7 days, or the provisional booking will
automatically lapse.
If your confirmed arrangements include a flight, we (or if you
booked via an authorised agent of ours, that agent) will also issue
you with an ATOL Certificate. Upon receipt, of the booking
confirmation, ATOL Certificate or any other document, please check
all of the details carefully. In particular, please check that the
initials or forenames and surnames given match those on your
passports as we make reservations using this information. If you
believe that any details are incorrect, you must advise us
immediately as changes cannot be made later and it may harm your
rights if we are not notified of any inaccuracies in any document
within ten days of our sending it out (five days for tickets). We
will do our best to rectify any mistake notified to us outside
these time limits but you must meet any costs involved in doing so.
The only exception to this requirement to meet costs is where the
mistake in question was made by us and there is good reason why you
did not tell us about it within these time limits.
2. Payment
You are required to send us the appropriate deposit per person
(as detailed on the relevant tour page) or full payment if booking
within 60 days of departure (90 days for European River Cruise and
private train holidays) and all applicable insurance premiums (if
our insurance is required) at the time of booking. In addition to
the deposit applicable to the holiday, a further additional deposit
is required of a minimum of 20% of the additional cost for any
booking variations including flight and hotel upgrades and holiday
extensions. Please note, deposits and all additional deposits are
not refundable except where expressly stated in these booking
conditions. The balance of the cost of your holiday must be paid no
less than 60 days before departure (90 days for European River
Cruise and private train holidays). If a cheque payment is declined
by your bank for any reason, an administration charge of £30 will
be made. If you return your payment counterfoil before the date
that payment is due, this authorises us to take payment early. If
we do not receive all payments in full and on time, we are entitled
to assume that you wish to cancel your booking. In this case, we
will be entitled to keep all deposits paid or due at that date. If
we do not cancel straight away because you have promised to make
payment, you must pay the cancellation charges shown in clause 8
depending on the date we reasonably treat your booking as
cancelled. Except for flight inclusive bookings, all monies you pay
to one of our authorised travel agents for your holiday with us
will be held by the agent on your behalf until a contract between
us comes into existence. After that point, your agent will hold the
monies on our behalf until they are paid to us. For flight
inclusive bookings, all monies paid to any authorised travel agent
of ours for your holiday with us will be held on behalf of and for
the benefit of the Trustees of the Air Travel Trust subject to the
travel agent's obligation to pay such monies to us in accordance
with our trading terms unless we fail. In the unlikely event of our
financial failure, all monies then held by the travel agent or
subsequently paid by you to the travel agent will be held by the
agent on behalf of and for the benefit of the Trustees of the Air
Travel Trust without any obligation on the agent to pay such monies
to us.
3. Passports, Visas and Other Entry
Requirements
Please note that you are entirely responsible for ensuring that
everyone in your party has the necessary correct and up-to-date
personal documentation before you start the tour and that you all
fulfil the passport, visa, health and any other entry requirements
applicable to your chosen tour. We do not accept any liability if
you are refused entry onto any transport or into any country due to
failure on your part to carry correct documentation or to meet
those entry requirements. If failure to have any necessary travel
or other documents, or to meet entry requirements, results in
fines, surcharges or other financial penalty, costs or expenses
being imposed on us, you will be responsible for reimbursing us
accordingly. In addition, should you be unable to travel on the
holiday as a result, cancellation charges as shown in clause 8 of
these booking conditions will apply.
For British Citizens, a standard 10-year British passport which
must also be valid for at least 6 months beyond your intended
return travel date is required for all holidays outside of the UK.
In many cases, you will also need to have multiple consecutive
blank visa pages within your passport (the number varies depending
on the destination(s) visited). If your passport expires before
this, it may still be acceptable, but you should contact your local
Passport Office or the consulate or embassy of the
country/countries you plan to visit/transit through, for detailed
advice. Customers applying for a first passport or renewing their
passport should allow at least six weeks to obtain one as you may
be required to attend a personal interview with the Passport
Office, however, in all cases, please apply as far ahead as
possible so as to allow time for unexpected delays. If you have a
British passport issued outside of the UK or if you are not a
British Citizen, it is your responsibility to check entry
requirements with the relevant embassy or consulate of the
country/countries that you plan to visit or transit through. For
information concerning passports, visa and other entry requirements
for any destination, we recommend contacting the UK Government
Foreign, Commonwealth & Development Office website www.gov.uk/foreign-travel-advice
or speak with your authorized travel agent if you are unsure about
the visa requirements for your travel destination.
It is your responsibility to ensure your party obtains all
necessary visas before departure including any additional visas or
other documents required when travelling on any of our rail or
cruise tours that visit other countries/ports independently. Also,
some nations now have very strict documentation requirements for
those travelling with children and notarized birth certificates
and/or other documents may be required for children under 18. Visa
requirements may change at short notice and we recommend that you
check the latest position in good time before your departure.
Information on this subject is available on or through the UK
Government Foreign, Commonwealth & Development Office website
www.gov.uk/foreign-travel-advice
or speak with your authorized travel agent if you are unsure about
the visa requirements for your travel destination.
Please note: The impacts of Brexit may change
your visa, ticket and health requirements. Third country nationals
may require an airport transit visa when passing through EU Member
States. You should check any impacts of Brexit on your travel, in
advance of your departure, to ensure that you fulfil the
requirements post-Brexit, including any passport validity
requirements. The UK Government passport checker can be found here
https://www.gov.uk/check-a-passport-travel-europe.
It is your responsibility to ensure you are aware of all
recommended vaccinations and health precautions in good time before
departure. Information is available from your GP surgery and from
the National Travel Health Network and Centre www.nathnac.org. and
also on www.nhs.uk/Livewell/Travelhealth. For European holidays,
existing European Health Insurance Cards (EHIC) will remain valid
until their expiry, after which time you should obtain a UK Global
Health Insurance Card (GHIC), prior to departure for access to
health care in many European countries. Access to health care
provisions may change and you are advised to check
https://www.gov.uk/visit-europe-1-january-2021 and
https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare
for updates affecting your travel. Neither the EHIC nor GHIC are
valid substitutes for travel insurance. Some nations require proof
of vaccinations for all travellers. Vaccination and other health
requirements/recommendations are subject to change at any time for
any destination and we would advise that you check with a doctor or
clinic not less than six weeks prior to departure to ensure that
you have met the necessary requirements and have the applicable
information.
The airlines we work with will require confirmations from you on
various elements of travel - for instance that you are not going to
bring prohibited items on board an aircraft. We can assist with the
on line check in process for some airlines and may ask you for such
confirmation as part of that process, but it is a condition of
booking with us that you do agree to comply with such rules as we
can only make declarations on your behalf with that confirmation
from you.
4. Travel Insurance
It is a condition of booking that you take out sufficient and
appropriate travel insurance cover. We recommend you do this at
time of booking so that your deposit (less any applicable excess)
is recoverable in the event of a cancellation covered by the
policy. To purchase the insurance policy we offer please contact us
for details. If you take out your own cover please provide us with
details of the insurance company, the policy number and the 24-hour
emergency telephone number prior to departure or when requested. It
is your responsibility to ensure that the insurance cover you
purchase is suitable and adequate for your particular needs. We do
not check alternative insurance policies. The duration of the
holiday as shown on the booking confirmation or as advertised in
the brochure or on our website includes the day of departure and
day of return and is the period to be used for insurance purposes.
Read our policy details carefully and take them with you on
holiday. Should you choose to extend your holiday (either at the
start or the end of your holiday), you will need to extend the
duration of your insurance cover. If you choose to travel without
adequate insurance cover, we will not be liable for any losses
howsoever arising, in respect of which insurance cover would
otherwise have been available.
5. Holiday Prices
Please note changes and errors occasionally occur. We reserve
the right to increase/decrease and correct errors in advertised
prices at any time before your holiday is confirmed. Before you
make a booking, we will give you the basic price for your chosen
holiday. You should check all details before you make your booking.
Upgrades, holiday extensions or any other variation which you have
requested are on a request basis with our suppliers and subject to
availability, and prices for these will only be confirmed once the
prices and availability has been confirmed by our suppliers. For
all holidays, once you have accepted the basic price and a booking
has been confirmed, that price is fully guaranteed and will not be
subject to any surcharges.
6. Suitability of the Tour and Behaviour
We reserve the right in our absolute discretion to terminate
without prior notice the holiday arrangements of any customer whose
behaviour is such that it causes or is likely to cause, in our
reasonable opinion, or in the opinion of any Tour Manager (if on an
escorted holiday) or any other person in authority, distress,
damage, danger or significant annoyance to any third party, or
damage to property. In these circumstances all our obligations to
you under our contract or otherwise will cease, full cancellation
charges will apply and we will not be liable for any refund,
compensation or costs incurred by you whatsoever. You and/or your
party may also be required to pay for loss and/or damage caused by
your actions and we will hold you and each member of your party
jointly and individually liable for any damage or losses caused by
you or any member of your party. Full payment for any such damage
or losses must be paid directly to the hotel manager or other
supplier prior to departure. If you fail to make payment, you will
be responsible for meeting any claims (including legal costs)
subsequently made against us as a result of your actions together
with all costs we incur in pursuing any claim against you. Our
tours can be physically demanding and we also reserve the right to
terminate your holiday where, in the reasonable opinion of any
person in authority (including office staff or your Tour Manager
when you join your escorted holiday), your physical condition means
you are unable or likely to be unable to cope with the tour or to
experience significant difficulties in doing so. It is your
responsibility to disclose an accurate account of your mobility and
all other relevant information relating to your health and fitness
at the time of booking. You must advise us of any change to your
level of mobility or health and fitness between booking your
holiday and departing on your tour. Please also see clause 17 and
clause 18.
7. Alterations to Your Booking and Booking
Transfers
Please notify us in writing if circumstances arise whereby you
wish to transfer to another available holiday, depart on a
different date or make other alterations to your confirmed holiday.
Note that any transfer requests to an alternative holiday (as
distinct from transfers of bookings to other individuals, which are
dealt with below) of less than 85% of the value of your original
booking will be regarded as a cancellation and cancellation charges
as set out in clause 8 will be payable. Any alterations requested
60 days or more (90 days or more for European River Cruise and
private train holidays) prior to departure will be subject to an
alteration fee of £125 per person, together with costs or charges
incurred or imposed by any of our suppliers. Any alteration to your
booking requested less than 60 days (90 days for European River
Cruise and private train holidays) prior to departure will be
regarded as a cancellation and cancellation charges as set out in
clause 8 will be payable. Please note costs could increase the
closer to the departure date that changes are made and you should
therefore contact us as soon as possible. Certain arrangements,
such as low-cost flight bookings, may not be amended after they
have been confirmed and any alteration could incur a cancellation
charge of up to 100% of that part of the arrangements.
Transfer of Booking to Another Individual (i.e. name
changes)
If any member of your party is prevented from travelling, that
person(s) may transfer their place to someone else, subject to the
following conditions:
a. that person is introduced by you and satisfies all the
conditions applicable to the arrangements;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment at the time due, an
amendment fee of £125 per person transferring, as well as any
additional fees, charges or other costs arising from the transfer
(including those imposed by our suppliers); and
d. the transferee agrees to these booking conditions and all other
terms of the contract between us.
You and the transferee remain jointly and severally liable for
payment of all sums. If you are unable to find a replacement,
cancellation charges as set out in clause 8 will apply in order to
cover our estimated costs. Otherwise, no refunds will be given for
passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended
or transferred after they have been confirmed and any alteration
could incur a cancellation charge of up to 100% of that part of the
arrangements.
8. Cancellation by You Before Departure
Should you wish to cancel your holiday, notice can be given
verbally but must be followed up in writing by the party leader.
Your notice of cancellation will only take effect when it is
received in writing by us.
Since we incur costs in cancelling your arrangements, you will
be required to pay the applicable cancellation charges up to the
maximum shown below. The amount of the cancellation fee depends
upon the date when the written notice of cancellation is received
by us. 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 arranged through
us and amendment charges which are not normally refundable.
The cancellation charges below have been calculated as a
pre-estimate of the losses we would incur in the event you
cancelled your holiday within the stipulated time period. The scale
of cancellation charges is as follows:
|
European River Cruise and
private train holidays
|
All other holidays
|
Tailormade holidays
|
91 days or earlier**
|
Loss of deposit*
|
Loss of deposit*
|
Loss of deposit paid
|
From 61 to 90 days
|
50% of final invoice
|
Loss of deposit*
|
Full loss of moneys paid
|
From 41 to 60 days
|
65% of final invoice
|
35% of final invoice
|
From 28 to 40 days
|
75% of final invoice
|
60% of final invoice
|
From 14 to 27 days
|
100% of final invoice
|
85% of final invoice
|
13 days or less prior to
departure
|
100% of final invoice
|
100% of final invoice
|
*Loss of Deposit means the loss of the full brochure deposit
amount, including the outstanding balance of any 'low deposit'
payment you have made, and includes loss of any additional deposit
paid for holiday variations and holiday extensions as referred to
in clause 2.
**Certain holiday arrangements may have earlier dates at which
cancellation charges would apply. You will be advised of these
dates at the time of booking your holiday.
We will deduct the cancellation charge(s) from any monies you
have already paid to us.
Depending on the reason for cancellation, you may be able to
reclaim these cancellation charges (less any applicable excess)
under the terms of your insurance policy. Claims must be made
directly to the insurance company concerned. Where any cancellation
reduces the number of full paying party members below the number on
which the price, or any concessions agreed for your booking were
based, we will recalculate these items and re-invoice you
accordingly. Any such additional costs are not cancellation
charges.
Please note certain arrangements may not be amended after they
have been confirmed and any alteration or cancellation could incur
a cancellation charge of up to 100% of that part of the
arrangements in addition to the charge above.
Should one or more member of a party cancel, it may increase the
per person holiday price of those still travelling and you will be
liable to pay this increase.
Cancellation by You due to Unavoidable & Extraordinary
Circumstances:
You have the right to cancel your confirmed arrangements before
the departure date without paying the above cancellation charges in
the event of unavoidable and extraordinary circumstances occurring
at your holiday destination or its immediate vicinity and
significantly affecting the performance of the arrangements or
significantly affecting transport arrangements to the destination.
In these circumstances, we shall provide you with a full refund of
the monies you have paid but we will not be liable to pay you any
compensation. Please note that your right to cancel in these
circumstances will only apply where the Foreign, Commonwealth &
Development Office advises against travel to your destination or
its immediate vicinity. For the purposes of this clause,
"unavoidable and extraordinary circumstances" means warfare, acts
of terrorism, significant risks to human health such as the
outbreak of serious disease at the travel destination or natural
disasters such as floods, earthquakes or weather conditions which
make it impossible to travel safely to the travel destination.
This clause 8 outlines the rights you have if you wish to cancel
your booking. Please note that there is no automatic statutory
right of cancellation under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013.
9. Changes and Cancellations by Us
We start planning the holidays we offer many months in advance
and occasionally, we have to correct errors and/or make changes to
the information contained in our brochures, our website and other
details, both before and after bookings have been confirmed, and
also cancel confirmed bookings (which would for the avoidance of
doubt expressly include any variations or extensions booked by you
and which are part of the package and your confirmed booking).
Whilst we always endeavour to avoid changes and cancellations, we
must reserve the right to do so.
Please note that occasionally due to events outside our control,
including but not limited to adverse weather conditions or where
the cruise cannot dock in the expected port due to unexpected
circumstances, we may have to make changes to your itinerary with
little or no notice. Such changes will be considered an
insignificant change except where the change results in you missing
out on one or more major destination from your itinerary.
Insignificant Changes by Us: An insignificant change is any
change, which is not a significant change as referred to below.
Significant Changes by Us: A significant change is any change
which, taking account of the information you have given us at the
time of booking or which we can reasonably be expected to know as a
tour operator, we could reasonably expect to have a significant
effect on your confirmed holiday. Occasionally, we have to make a
"significant change" before departure such as a change of
accommodation to that of a lower official classification or
standard for the whole or a major part of the time you are away, a
change of accommodation area for the whole or a major part of the
time you are away, a change of outward departure time or overall
length of time you are away of twelve or more hours, a change of UK
departure point to one which is significantly more inconvenient for
you or a significant change of itinerary missing out one or more
major destination substantially or altogether.
Cancellations by Us: All our escorted holidays are organised on
the basis of a minimum number of clients (usually 15). In the
unlikely event the holiday (which would include any individually
purchased variations or extensions), has to be cancelled because of
insufficient numbers, you will be informed at least 60 days (90
days for European River Cruise and private train holidays) prior to
departure. We will not cancel your arrangements less than 60 days
before departure (90 days for European River Cruise and private
train holidays) except for reasons of Events Beyond Our Control or
failure by you to pay the final balance.
If we have to make a significant change or cancel, we will tell
you as soon as possible and if there is time to do so before
departure, we will offer you the choice of the following
options:
a. (for significant changes) accepting the changed arrangements;
or
b. If available and where we offer one, accepting an offer of an
alternative holiday (we will refund any price difference if the
alternative is of a lower value but if the alternative holiday is
more expensive, you will be required to pay the applicable price
difference); or
c. cancelling or accepting the cancellation in which case you will
receive a full refund of all monies you have paid to us (including,
where appropriate, the price paid for any holiday extensions or
additional service purchased from us and included in your
package).
Please note the above options are not available where any change
made is an insignificant one.
You must notify us of your choice within 7 days of our offer. If
we do not hear from you within 7 days, we will contact you again to
request notification of your choice. If you fail to respond again,
we will assume that you have chosen to accept the change or
alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will
pay you compensation in the following circumstances:
a. if, where we make a significant change, you do not accept the
changed arrangements and cancel your booking
b. if we cancel your booking and no alternative arrangements are
available
We will not pay you compensation in the following
circumstances:
a. where we make an insignificant change
b. where we make a significant change or cancel your arrangements
(including cancellation due to not reaching the minimum number of
client bookings required to run your holiday) more than 60 days
before departure (90 days for private train holidays)
c. where we make a significant change and you accept those changed
arrangements or you accept an offer of alternative travel
arrangements
d. where we have to cancel your arrangements as a result of your
failure to make full payment on time;
e. where the change or cancellation by us arises out of
alterations to the confirmed booking requested by you;
f. where we are forced to cancel or change your arrangements due
to Events Beyond Our Control (see clause 10).
In any of the circumstances referred to above we will not be
liable for the cost of any service (such as, but not limited to,
flights, hotels and connecting rail travel) which is purchased in
connection with any holiday but which is not booked through us, or
for any related expenses such as cancellation charges or amendment
fees for any service which cannot be used or has to be cancelled or
amended as a result of our having to cancel or make a significant
change to any holiday.
If we become unable to provide a significant proportion of the
arrangements that you have booked with us after you have departed
we will, if possible, make suitable alternative arrangements for
you at no extra charge and where those alternative arrangements are
of a lower standard, provide you with an appropriate price
reduction.
10. Events Beyond Our Control
Except where otherwise expressly stated in these booking
conditions we will not be liable or pay you compensation if our
contractual obligations to you are affected by "Events Beyond Our
Control". For the purposes of these booking conditions, "Events
Beyond Our Control" means any event beyond our or our supplier's
control, the consequences of which could not have been avoided even
if all reasonable measures had been taken. Examples include,
warfare and acts of terrorism (and threat thereof), civil strife,
significant risks to human health such as the outbreak of serious
disease at the travel destination, epidemics, plagues or pandemics
(including but not limited to the ongoing effects of Covid-19
and/or any other strain of the coronavirus) or natural disasters
such as floods, earthquakes or weather conditions which make it
impossible to travel safely to the travel destination or remain at
the travel destination, the act of any government or other national
or local authority including port or river authorities (including
any impact to travel or other arrangements as a result of the
United Kingdom having left the European Union), industrial dispute,
lock closure, natural or nuclear disaster, fire, chemical or
biological disaster, unavoidable technical problems with transport
and all similar events outside our or our supplier(s) control.
11. UK Government Foreign, Commonwealth
& Development Office Advice
You are responsible for making yourself aware of UK Government
Foreign, Commonwealth & Development Office advice and warnings
in regard to the safety of the countries and areas in which you
will be travelling to and to make your own decisions accordingly.
Global and political situations do change and if the UK Government
Foreign, Commonwealth & Development Office advises against
travel to a certain country, we will act on this advice.
If such advice is to avoid or to leave a particular country or
area this may constitute Force Majeure (as described in clause 10).
The UK Government Foreign, Commonwealth & Development Office
issues regular advice and updates on their website at www.gov.uk/foreign-travel-advice
which you are recommended to consult before booking and again in
good time prior to departure.
12. Our Liability to You
(1) We will accept responsibility for the arrangements we
agree to provide or arrange for you as an "organiser" under the
Package Travel and Linked Travel Arrangements Regulations 2018 (as
amended) as set out below, and as such we are responsible for the
proper provision of all travel services included in your package,
as set out in your confirmation invoice. Subject to these booking
conditions, if we or our suppliers negligently perform or arrange
those services and we don't remedy or resolve your complaint within
a reasonable period of time, and this has affected the enjoyment of
your package holiday you may be entitled to an appropriate price
reduction and/or reasonable compensation. You must inform us
without undue delay of any failure to perform or improper
performance of the travel services included in this package. The
level of any such price reduction or compensation will be
calculated taking into consideration all relevant factors such as
but not limited to, following the complaints procedure as described
in these conditions and the extent to which ours or our employees'
or suppliers' negligence affected the overall enjoyment of your
holiday. Please note that it is your responsibility to show that we
or our supplier(s) have been negligent if you wish to make a claim
against us.
(2) We will not be responsible for any injury, illness,
death, loss (including loss of possessions and loss of enjoyment),
damage, expense, cost or other sum or claim of any description
whatsoever which results from any of the following:
a. the act(s) and/or omission(s) of the person(s) affected or
any member(s) of their party b. the act(s) and/or omission(s) of a
third party not connected with the provision of your holiday and
which were unavoidable and extraordinary; or
c. "Events Beyond Our Control" as defined in clause 10 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 which your hotel or
any other supplier agrees to provide for you where the services or
facilities are not advertised in our brochure or on our website and
we have not agreed to arrange them as part of our contract and any
excursion you purchase during your holiday. Please also see clause
19 "Excursions, Activities and Brochure/Website Information".
(4) We limit the amount of compensation we may have to pay
you if we are found liable under this clause as follows:
(a) Loss of and/or damage to any luggage or personal possessions
and money: The maximum amount we will have to pay you in respect of
these claims will be the greater of:
(i) an amount equivalent to the excess on your insurance policy
which applies to this type of loss per person in total because you
are required to have adequate insurance in place to cover any
losses of this kind; or
(ii) the amount payable by the supplier under their own terms and
conditions.
(b) Claims not falling under (a) above and which don't involve
injury, illness or death:
The maximum amount we will have to pay you in respect of these
claims is up to three times the price paid by or on behalf of the
person(s) affected in total. This maximum amount will only be
payable where everything has gone wrong and you or your party has
not received any benefit at all from your booking.
(c) Claims in respect of international travel by air and rail,
or any stay in a hotel:
(i) The extent of our liability will in all cases be limited as if
we were carriers under the appropriate Conventions, which include
The Warsaw/Montreal Convention (international travel by air); The
Berne/Cotif Convention (with respect to rail travel) and The Paris
Convention (with respect to hotel arrangements). You can ask for
copies of these Conventions from our offices. In addition, you
agree that the operating carrier or transport company's own
'Conditions of Carriage' will apply to you on that journey. When
arranging transportation for you, we rely on the terms and
conditions contained within these international conventions and
those 'Conditions of Carriage'. You acknowledge that all of the
terms and conditions contained in those 'Conditions of Carriage'
form part of your contract with us, as well as with the transport
company and that those 'Conditions of Carriage' shall be deemed to
be included by reference into this contract.
(ii) In any circumstances in which a carrier is liable to you by
virtue of the Denied Boarding Regulation 2004, any liability we may
have to you under our contract with you, arising out of the same
facts, is limited to the remedies provided under the Regulation as
if (for this purpose only) we were a carrier.
(iii) When making any payment, we are entitled to deduct any money
which you have received or are entitled to receive from the
transport provider or hotelier for the complaint or claim in
question.
(d) Claims in respect of international travel by sea or
inland waterway
Travel by sea is governed by the provisions of the Convention
Relating to the Carriage of Passengers and their Luggage by Sea
1974 as amended in 1976 (the Athens Convention) and, where
applicable, EU Regulation 392/2009 relating to the Liability of
carriers of passengers by sea in the event of accidents. The extent
of our liability will in all cases be limited as if we were the
Contracting Carriers under the Athens Convention and/or EU
Regulation 392/2009. The Athens Convention and EU Regulation
392/2009 limit the carriers' liability for death or personal injury
or loss or damage to luggage and makes special provision for
valuables. It is presumed that luggage has been delivered to you
undamaged unless written notice is given to us and/or the
carrier;
a. in the case of apparent damage, before or at the time of
disembarkation or redelivery; or b. in the case of damage which is
not apparent or of loss, within 15 days from the date of
disembarkation or redelivery or from the time when such redelivery
should have taken place.
Damages for cabin luggage payable by the carrier are limited up to
the Athens Convention limit of 833 Special Drawing Rights ("SDRs")
or 2250 SDRs if EU Regulation 392/2009 applies. Any liability in
respect of death and personal injury and loss of and damage to
luggage which we may incur to you shall always be subject to the
limits of liability contained in the Athens Convention or EU
Regulation 392/2009 for death/personal injury of 46,666 Special
Drawing Rights (SDR) or 300,000 SDR under Athens Convention or
400,000 SDRs under EU Regulation 392/2009 except in the case of
liability for war or terrorism 250,000 SDRs. We are not liable for
valuables, monies or other securities including jewelry and
watches. If they have been deposited with the reception desk on the
ship for safe keeping and a receipt issued, then in those limited
circumstances the Carriers liability will be as set out in the
Athens Convention or EU Regulation 392/2009. The use of safes
onboard a Vessel is not a deposit with the ship or with the company
under the Athens Convention or EU Regulation 392/2009 or otherwise.
The limits are 1200 SDRs pursuant to Athens or 3,375 SDRs pursuant
to EU Regulation 392/2009. Limits shall be reduced in proportion to
any contributory negligence by the Passenger and by the maximum
deductible specified in Article 8 (4) of the Athens Convention or
EU Regulation 392/2009. Where carriage is performed on inland
waterways, and the vessel does not go to sea the liability
provisions relating to sea going vessels do not apply to the
cruise. In those cases the liability of the Carrier to customers
shall be determined in accordance with English law (the Merchant
Shipping Act) and The Convention on Limitation of Liability for
Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy
of which will be provided by on request or can be found at:
https://www.legislation.gov.uk/uksi/1998/1258/contents/made. The
limits for non-sea going passenger vessels is 175,000 SDRs per
passenger limit. Liability for property claims will be at least
1,000,000 SDR's under SI 1998/1258 (4)(b)(i)). The Strasbourg
Convention on the Limitation of Liability of Owners of Inland
Navigation Vessels, referred to as the "Strasbourg Convention" with
protocols and amendments, applies to vessels sailing on waterways
located in the territory of a state party subject to (i) the
"Revised Convention relating to the Navigation of the Rhine of 17
October 1868" and (ii) the "Convention of 27 October 1956
concerning the canalization of the Moselle" (Article 15(1) of the
Strasbourg Convention: https://www.ivr-
eu.com/expertises/legal/?lang=en). If the Strasbourg Convention
applies the limits for customer claims are 60,000 SDRs per customer
subject to a minimum of 6,000,000 SDR's (see Article 7). The
Carrier's liability for death, injury, illness, damage, delay or
other loss to person or property of any kind suffered by customers
shall, in the first instance, be governed by the Convention on
Limitation of Liability for Maritime Claims 1996 as amended by SI
1998/1258 or where applicable the Strasbourg Convention. The
Carrier's liability therefore shall not exceed those limitations
provided by the said LLMC 1996 and SI 1998/1258 or where applicable
Strasbourg Convention or in any further revisions, protocols and/or
amendments thereto as shall become applicable. Where the LLMC 1996
or If applicable Strasbourg Convention permits the Carrier to apply
a deductible, the Carrier may apply that deductible. SDRs are a
monetary unit of the International Monetary Fund and current
exchange rate can be found in major financial newspapers.
(5) Please note, we cannot accept any liability for any
damage, loss, expense or other sum(s) of any nature or 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 ourselves or our employees or, where we are
responsible for them, our suppliers c) which relate to any business
including, without limitation, self-employed loss of earnings, d)
indirect or consequential loss of any kind.
(6) Where it is impossible for you to return to your departure
point as per the agreed return date of your package, due to
"unavoidable and extraordinary circumstances", we shall provide you
with any necessary accommodation (where possible, of a comparable
standard) for a period not exceeding three nights per person.
Please note that the 3 night cap does not apply to persons with
reduced mobility, pregnant women or unaccompanied minors, nor to
persons needing specific medical assistance, provided we have been
notified of these particular needs in advance. For the purposes of
this clause, "unavoidable and extraordinary circumstances" mean
warfare, acts of terrorism, significant risks to human health such
as the outbreak of serious disease at the travel destination or
natural disasters such as floods, earthquakes or weather conditions
which make it impossible to travel safely back to your departure
point.
13. Complaints and Problems
In the unlikely event that you have any reason to complain or
experience any problems with your holiday whilst away, you must
immediately inform your Tour Manager (if on an escorted holiday)
and/or us by telephone on our 24-hour emergency helpline (if not on
an escorted holiday) and the supplier of the service(s) in
question. Any verbal notification must be put in writing and given
to your Tour Manager (if on an escorted holiday) or us (if not on
an escorted holiday) and the supplier as soon as possible. Until we
know about a problem or complaint, we cannot begin to resolve it.
Most problems can be dealt with quickly. If you remain
dissatisfied, however, you must write to us within 28 days of your
return to the UK giving your booking reference and full details of
your complaint. Only the party leader should write to us. If you
fail to follow this simple complaints procedure, your right to
claim the compensation you may otherwise have been entitled to may
be affected or even lost as a result. Please note that we do offer
an Alternative Dispute Resolution service, through our ABTA
membership. Please see clause 14 for further details.
14. Arbitration
We are a Member of ABTA, membership number V2170. We are obliged
to maintain a high standard of service to you by ABTA's Code of
Conduct. We can also offer you ABTA's scheme for the resolution of
disputes which is approved by the Chartered Trading Standards
Institute. If we can't resolve your complaint, go to www.abta.com
to use ABTA's simple procedure. Further information on the Code and
ABTA's assistance in resolving disputes can be found on
www.abta.com or you can contact ABTA, 30 Park Street, London SE1
9EQ. You can also use the AITO arbitration service - please see
www.aito.com for further information.
15. Conditions of
Suppliers
Many of the services which make up your holiday are provided by
independent suppliers. Those suppliers provide these services in
accordance with their own terms and conditions. Some of these terms
and conditions may limit or exclude the supplier's liability to
you, usually in accordance with applicable international
conventions or EU regulations (see clause 12(4)(c)). Copies of the
relevant parts of these terms and conditions are available on
request from us or the supplier concerned.
16. Special Requests
If you have any special requests, you must advise us in writing
at the time of booking. 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 letter/invoice or any other
documentation is not confirmation that the request will be met.
Unless and until specifically confirmed, all special requests are
subject to availability. 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 and all such bookings will
be treated as "standard" bookings subject to the above provisions
on special requests.
17. Medical Conditions/Disabilities/Reduced
Mobility
Some of our tours can prove to be challenging, mobility wise, or
physically demanding. If you have any medical condition or
disability which may affect your tour or any health, fitness or
mobility concerns which may affect your ability to cope with the
tour, please give us full details before you confirm your booking
so that we can advise as to the suitability of the chosen
arrangements. We will make reasonable efforts to accommodate
special needs or cause our suppliers to accommodate them, but, if
we are to help you choose the right tour for your health, mobility
and fitness, we must be aware of all details. Please note that Tour
Managers (if on an escorted holiday) cannot provide individual
assistance with boarding trains or coaches, or handle your luggage.
It is your responsibility to provide us with full and accurate
details of your mobility, health and fitness (including any
disability), so we can advise you on the suitability of tours. As
standard practice all customers are asked at the point of booking
whether they have any mobility limitations or health concerns which
may impact on their tour. Customers are required to provide all
relevant information to ensure that this matter has been carefully
considered and we are aware of any issues. We may require you to
produce a doctor's certificate certifying that you are fit to
participate in the tour. Acting reasonably, if we are unable to
properly accommodate the needs of the person(s) concerned, we will
not confirm your booking or if you did not give us full details at
the time of booking, we will cancel it and impose applicable
cancellation charges when we become aware of these details. You
must also advise us as soon as possible of any change in any
disability or medical condition or your health, fitness or mobility
or if any medical condition or disability which may affect your
tour develops after your booking has been confirmed. Please also
see clause 6.
18. Fitness to Travel for Cruise
Arrangements
Where you have booked a cruise, the following conditions will
apply in addition to those set out in clause 17.
In order to ensure that the carrier of your cruise is able to
carry passengers safely and in accordance with applicable safety
requirements established by international, EU or national law or
otherwise in order to meet safety requirements established by
competent authorities including the ship's flag state, you (and
every member of your group) warrant that you/they are fit to travel
by sea and that your/their conduct or condition will not impair the
safety of the cruise ship. Please note that the carrier of your
cruise may require you to provide medical evidence of fitness to
travel, in order to assess whether you can be carried safely and in
accordance with applicable international, EU or national law. It is
often the case that carriers will be unable to carry passengers who
have entered or passed their 24th week of pregnancy by the end of
their cruise.
Women who reach their 23rd week of pregnancy at the end of the
cruise may also be required to provide evidence of fitness to
travel. Carriers reserve the right to refuse passage if they are
not satisfied that the passenger will be safe during the course of
the cruise. Pregnant women are therefore strongly recommended to
seek medical advice prior to travel, at any stage of their
pregnancy. Passengers who require the use of a wheelchair must
provide their own standard size wheelchair for the duration of the
cruise. Carriers often provide a limited number of wheelchairs
which are strictly available for emergency use only. The carrier
may require such passengers to be accompanied by a travelling
companion who is fit and able to assist them, where it is
reasonably deemed by the carrier that this is strictly
necessary.
19. Excursions, Activities
and Brochure/Website Information
The information contained in our brochure and on our website is
correct to the best of our knowledge at the time of the brochure
going to print or at the time of publication on our website. Whilst
every effort is made to ensure the accuracy of the brochure and
prices at the time of printing or publication, 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 may provide you with information (in our brochure, on our
website and/or when you are on holiday) about activities and
excursions which are available in the area you are visiting but
cannot be pre-booked with us or otherwise purchased via ourselves.
We have no involvement in any such activities or excursions which
are not run, supervised, controlled, inspected or endorsed in any
way by us. They are provided by local operators or other third
parties who are entirely independent of us. They do not form any
part of your contract with us even where we or your Tour Manager
(if on an escorted holiday) suggest particular operators/other
third parties and/or assist you in booking such activities 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 12(1) of our 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 cannot guarantee accuracy at all times of information given
in relation to such activities or excursions or about the area(s)
you are visiting generally (except where this concerns the services
which will form part of your contract) or that any particular
excursion or activity which does not form part of our contract will
take place as these services are not under our control. If you feel
that any of the activities or excursions mentioned in our brochure
or on our website which are not part of our contract are vital to
the enjoyment of your holiday, write to us immediately and we will
tell you the latest known situation.
If we become aware of any material alterations to
destination/area information and/or such outside activities or
excursions which can be reasonably expected to affect your decision
to book a holiday with us, we will pass on this information at the
time of booking.
20. Flights
Please note the existence of a 'UK Air Safety List' (available
for inspection at
https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/)
detailing air carriers that are subject to an operating ban within
the UK. We will 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 will 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) and/or flight
routings (including indirect routings) after your booking has been
confirmed will be notified to you as soon as possible. We are not
always in a position at the time of booking to confirm flight
routings and/or flight timings. Where flight routings and/or flight
timings are given at the time of booking or detailed on your
confirmation letter/invoice these are for guidance only and are
subject to alteration and confirmation. The latest timings will be
shown on your itinerary which will be dispatched to you
approximately 10 days prior to departure. You must accordingly
check your tickets very carefully immediately on receipt to ensure
you have the correct flight times. It is possible that flight times
may be changed even after tickets have been dispatched.
We will contact you as soon as possible if this occurs. Any
change in the identity of the carrier(s), flight timings, routings
(including a change from direct to indirect routings) and/or
aircraft type (if given) will not entitle you to cancel or change
to other arrangements without paying our normal charges except
where specified in these conditions. Regardless of any information
given in good faith, operational changes may be made by an airline
at any point and we cannot be responsible for these. If the
carrier(s) with whom you have a confirmed reservation becomes
subject to an operating ban as above as a result of which we/the
carrier(s) are unable to offer you a suitable alternative the
provisions of clause 9 (Changes and Cancellations by Us) will
apply. Prices quoted in this brochure and/or on our website are
based on special airfares offered to us by the airlines for group
travel. These represent a reduction on the normal IATA fares which
entitle passengers to privileges and flexibility that our clients
do not normally require as part of the holiday. Should you wish to
book your holiday using a flight other than that shown in the
brochure/on our website, a flight variation charge from £50 per
person will apply in addition to the difference in cost between our
special fare and the normal IATA fare for the flight(s) required.
Tickets at our special fare are valid only on the airline and dates
shown and do not automatically entitle passengers to switch to
another carrier in case of a flight cancellation, delay or
technical problems with the aircraft or the reservation. Please
note that most airlines now operate 100% non- smoking services.
21. Denied Boarding Regulations
If you or any member of your party misses your flight or other
transport arrangement, it is cancelled or you are subject to a
delay of over 3 hours for any reason, you must contact us and the
airline or other transport supplier concerned immediately. If your
flight is cancelled or delayed, your flight ticket is downgraded or
boarding is denied by your airline, depending on the circumstances,
the airline may be required to pay you compensation, refund the
cost of your flight and/or provide you with accommodation and/ or
refreshments under the Denied Boarding Regulations 2004. Where
applicable, you must pursue the airline for the compensation or
other payment due to you. All sums you receive or are entitled to
receive from the airline concerned by virtue of these Regulations
represent the full amount of your entitlement to compensation or
any other payment arising from such cancellation, delay,
downgrading or denied boarding. This includes any disappointment,
distress, inconvenience or effect on any other arrangements. The
fact a delay may entitle you to cancel your flight does not
automatically entitle you to cancel any other arrangements even
where those arrangements have been made in conjunction with your
flight. We have no liability to make any payment to you in relation
to the Denied Boarding Regulations as your entitlement to any
compensation or other payment (as dealt with above) is covered by
the airline's obligations under the Denied Boarding Regulations.
If, for any reason, we make any payment to you or a third party
which the airline is responsible for in accordance with the Denied
Boarding Regulations, you must, when requested, assign to us the
rights you have or had to claim the payment in question from the
airline. If the airline does not comply with these rules you should
complain to the Civil Aviation Authority at
www.caa.co.uk/passengers. Please note, your rights under clause 9
("Changes and Cancellations by Us") and clause 12 ("Our Liability
to You") of these booking conditions are not affected by the above
Denied Boarding Regulations except that we are entitled to argue
that the amount you receive or are entitled to receive from the
airline is sufficient to meet any compensation obligation we may
have to you as your tour operator as a result of any such
cancellation, delay, downgrading or denied boarding.
22. Rail Journeys and Reservations
We request rail reservations many months in advance but
occasionally there are insufficient First Class seats available. In
these situations we will book Standard Class seats and refund the
difference to you. Although we do our best to follow the routes
noted on the itinerary there might be occasions when a different
routing and/or departure time is necessary due to timetable
variations or seat availability.
Regardless of any information given by us in good faith,
operational changes may be made by a rail supplier/operator at any
point and without notice, and we cannot be responsible for these.
Increasingly, trains are 100% non-smoking, and reservations are
requested in non-smoking accommodation, although at busy times we
may be allocated some smoking seats.
We cannot make specific requests for smoking seats. Prices
quoted in this brochure and on our website are based on special
fares negotiated with our rail partners for group travel. Should
you wish to travel on any Eurostar or other rail service, other
than those included as part of your holiday, a rail variation
charge of £25 per person per service plus any additional cost will
apply. Any change involving sleeper services will be quoted on an
individual basis.
Tickets for Eurostar train services are issued subject to the
conditions set out in Eurostar International Limited's conditions
of carriage and/or the conditions of carriage of the carrier in
question, copies of which are available from travel agents
appointed by Eurostar International Limited or supplied on
request.
23. Your Financial
Protection
The Package Travel and Linked Travel Arrangements Regulations
2018 (as amended) require us to provide security for the monies
that you pay for the package holidays booked from this brochure or
our website and for your repatriation in the event of our
insolvency. We provide this security by way of an ATOL (ATOL number
3278) administered by the Civil Aviation Authority of CAA House,
45-59 Kingsway, London WC2B 6TE for packages which include a flight
and a bond held by ABTOT (ABTOT number 5386) for packages that do
not include a flight. You can contact ABTOT at www.abtot.com or
ABTOT Limited, 117 Houndsditch, London EC3A 7BT.
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 claims
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 flights and flight inclusive holidays we arrange are
ATOL protected providing they are made available in the UK. For
further information visit the ATOL website at www.atol.org.uk.
If your holiday does not include flights, ABTOT will financially
protect your holiday by ensuring you receive a refund or, if your
arrangements include return travel to the UK (other than flights),
you are returned to the UK in the event that your holiday cannot be
provided as a result of our insolvency. Please go to our website
www.greatrail.com for further information relating to ABTOT's
scheme of financial protection.
If you book arrangements other than an ATOL protected flight or
package holiday from us, your monies will not be financially
protected. Please ask us for further details.
24. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty
for any reason, we will offer you such prompt assistance as is
appropriate in the circumstances. In particular we will provide you
with appropriate information on health services, local authorities
and consular assistance, and assistance with long distance
communications and finding alternative travel or accommodation
arrangements. Where you require assistance which is not owing to
any failure by us, our employees or sub-contractors, we will not be
liable for the costs of any alternative travel or accommodation
arrangements or other such assistance you require. Any supplier,
airline or other transport supplier may however pay for or provide
refreshments and/or appropriate accommodation and you should make a
claim directly to them. Subject to the other terms of these Booking
Conditions, we will not be liable for any costs, fees or charges
you incur in the above circumstances, if you fail to obtain our
prior authorisation before making your own travel arrangements.
Furthermore, we reserve the right to charge you a fee for our
assistance in the event that the difficulty is caused intentionally
by you or a member of your party, or otherwise through your or your
party's negligence.
25. Data Protection
Great Rail Journeys Limited is a data controller for the
purposes of the Data Protection Act 2018 and the UK General Data
Protection Regulation. Please be assured that we have measures in
place to protect the personal information you give us. This
information will be passed on to the relevant suppliers of your
travel arrangements. It may also be provided, either by us or by
the suppliers of your travel arrangements, to third parties and
public authorities such as banks and credit card companies, customs
or immigration if required by them, or as required by law. Certain
information may also be passed on to security or credit checking
companies or insurance providers. The above applies to any
sensitive information that you give to us such as details of any
disabilities, medical conditions, or dietary/religious requirements
but we will obviously only pass these on where you provide your
explicit consent for us to do so.If we cannot pass on this
information as set out above, we may be unable to provide your
booking or other services you have requested (for example, travel
insurance). In making your booking, you consent to this information
being passed on to the relevant persons who may be outside the UK.
If you travel outside the UK, controls on data protection may not
be as strong as the legal requirements in the UK.
We would like to use your details for marketing purposes (e.g.
sending you our brochures) and to pass them on to other companies
within our group who may also contact you for marketing purposes.
If you do not wish to receive any further information from us or
other companies in our group please let us know this at the time
you give us your details or, if you do not do so then, at any time
subsequently. 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 promise
to respond to your request within 30 days of receiving your written
request. In certain limited circumstances we may be entitled to
refuse your request. To improve our service, calls may be recorded
for training and quality purposes. Please see our privacy policy
for further information at
/things-you-should-know/privacy-statement/ and our policy on
privacy and cookies at
/things-you-should-know/statement-on-cookies/.
26. Law & Jurisdiction
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 ("claim") except as set out below. We both also agree
that any claim (and whether or not involving any personal injury)
must be dealt with under the ABTA or AITO Arbitration Schemes (if
the Scheme is available for the claim in question - see clause 14)
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 claim governed by the law of Scotland or
Northern Ireland as applicable (but if you do not so choose,
English law will apply).
27. Contact Details
Should you need to contact us our contact details are as
follows:
By Mail: Great Rail Journeys Ltd, 4th and 5th Floors, HQ
Building, Hudson Quarter, Toft Green, York, North Yorkshire, YO1
6JT By Telephone: 01904 521900
By Email: grj@greatrail.com
Package Travel Information
Part 1: General
The combination of travel services offered to you is a package
within the meaning of the Package Travel and Linked Travel
Arrangements Regulations 2018. Therefore you will benefit from all
EU rights applying to the packages. We at Great Rail Journeys
Limited, will be fully responsible for the proper performance of
the package as a whole. Additionally, as required by law, we have
protection in place to refund your payments and, where transport is
included in the package, to ensure your repatriation in the event
that it becomes/they become insolvent.
Part 2: Key rights under the Package Travel and Linked Travel
Arrangements Regulations 2018
- Travellers will receive all essential information about the
package before concluding the package travel contract
- There is always at least one trader who is liable for the
proper performance of all the travel services included in the
contract
- Travellers are given an emergency telephone number or details
of a contact point where they can get in touch with the organiser
or the travel agent
- Travellers may transfer the package to another person, on
reasonable notice and possibly subject to additional costs
- The price of the package may only be increased if specific
costs rise (for instance fuel prices), and if expressly provided
for in the contract, and in any event not later than 20 days before
the start of the package.
If the price increase exceeds 8% of the price of the package,
the traveller may terminate the contract. If the organiser reserves
the right to a price increase, the traveller has a right to a price
reduction if there is a decrease in the relevant costs
- Travellers may terminate the contract without paying any
termination fee and get a full refund of any payments if any of the
essential elements of the package, other than the price, has
changed significantly. If before the start of the package the
trader responsible for the package cancels the package, travellers
are entitled to a refund and compensation where appropriate
- Travellers may terminate the contract without paying any
termination fee before the start of the package in the event of
exceptional circumstances, for instance if there are serious
security problems at the destination which are likely to affect the
package
- Additionally, travellers may at any time before the start of
the package terminate the contract in return for an appropriate and
justifiable termination fee
- If, after the start of the package, significant elements of the
package cannot be provided as agreed, suitable alternative
arrangements will have to be offered to the traveller at no extra
cost. Travellers may terminate the contract without paying any
termination fee, where services are not performed in accordance
with the contract and this substantially affects the performance of
the package and the organiser fails to remedy the problem
- Travellers are also entitled to a price reduction or
compensation for damages or both where the travel services are not
performed or are improperly performed
- The organiser has to provide assistance if the traveller is in
difficulty
- • If the organiser or the retailer becomes insolvent, payments
will be refunded. If the organiser becomes insolvent after the
start of the package and if transport is included in the package,
repatriation of the travellers is secured. Great Rail Journeys
Limited provides insolvency protection for flight-inclusive
holidays by virtue of its ATOL, held with the CAA, under ATOL
number: 3278, and for non-flight packages with ABTOT (No. 5386).
Please see clause 22 of our Booking Conditions for further
information. Travellers may contact these entities if services are
denied because of our insolvency. Part 3: The Package Travel and
Linked Travel Arrangements Regulations 2018 can be found here:
https://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi
9780111168479 en.pdf
Our AITO membership
Great Rail Journeys Limited is a member of the Association of
Independent Tour Operators, an organisation representing over 150
of Britain's best specialist tour operators. Members of AITO strive
to create holidays with high levels of professionalism and a shared
concern for quality, personal service and customer satisfaction.
The Association encourages the highest standards in all aspects of
tour operating and all members are fully bonded for clients'
protection, in compliance with UK and European regulations. Great
Rail Journeys - like all other AITO members - are also bound by the
organisation's Quality Charter. For further information about AITO
visit www.aito.com or call 020
8744 9280.
AITO Quality Charter
AITO is the Association for independent and specialist holiday
companies. Our member companies, usually owner managed, strive to
create overseas holidays with high levels of professionalism and a
shared concern for quality and personal service. The Association
encourages the highest standards in all aspects of tour
operating.
AITO sets criteria regarding ownership, finance and quality
which must be satisfied before new companies are admitted to
membership. All members are required to adhere to a Code of
Business Practice which encourages high operational standards and
conduct.
Financial Security
An AITO member is required to arrange financial protection for
all holidays and other arrangements(including accommodation only)
booked by customers with the member under the AITO logo. This
financial protection applies to customers who are resident in the
UK at the time of booking and to most overseas customers who have
booked directly with the member. In doing so, the member must
comply with UK Government regulations.
Members are required to submit details of their financial
protection arrangements to AITO on a regular basis.
Accurate brochures and websites
All members do their utmost to ensure that all their brochures
and other publications print or electronic, clearly and accurately
describe the holidays and services offered. Professional service
and continual improvements All members are committed to high
standards of service and believe in regular and through training of
employees. Members continually seek to review and improve their
holidays. They listen to their customers and always welcome
suggestions for improving standards.
Monitoring Standards
AITO endeavours to monitor quality standards regularly. All
customers should receive a post-holiday questionnaire from their
tour operators, the results of which are scrutinised by the
Association. In addition, customers can leave detailed feedback,
accessible from the homepage of AITO's website, or via a direct
link supplied by their AITO tour operator, about their holiday.
Sustainable tourism
Our members acknowledge the importance of AITO's Sustainable
Tourism ethos, which recognises the social, economic and
environmental responsibilities of tour operating.
Customer relations
All members endeavour to deal swiftly and fairly with any issues
their customers may raise. In the unlikely event that a dispute
between an AITO member and a customer cannot be settled amicably,
AITO's low-cost Independent Dispute Settlement Service may be
called upon by either side to bring the matter to a speedy and
acceptable conclusion. For further information about AITO visit www.aito.com or call 020 8744
9280.
For bookings placed before 1st September 2022 please
see these booking conditions