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 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.
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 who will
then send it on to you. 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.
Where you choose to book separate travel with a separate
provider to compliment and/or supplement your booking with us
(including but not limited to, flights, hotels and connecting rail
travel), we will have no liability to you in regard to how this
travel effects and/or is effected by your booking made with us.
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). 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).
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 on trust, 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. Accuracies
We endeavour to ensure that all the information and prices both
on our website and in our brochures are accurate, however
occasionally changes and errors occur and we reserve the right to
correct prices and other details in such circumstances. You must
check the current price and all other details relating to the
arrangements that you wish to book before you make your
booking.
4. Entry, Passports, Visa & Immigration Requirements,
Safety & Health Formalities
We can only provide general information regarding entry,
passport, visa, immigration requirements and safety and health
formalities applicable to your package itinerary. It is your
responsibility to check such requirements (in good time before
departure), in order to make your decisions to fulfil such
requirements regarding your destination and/or the country(ies)
through which you may be transiting through.
Such information which you may need to check includes (but is
not limited to) passport requirements including how valid your
passport must be after return date, whether your passport must be
machine readable or which visas/waivers may be required for entry
such as ESTA for USA travel, ETA for UK travel and/or ETIAS for EU
travel.
You must check requirements for your own specific circumstances
with the relevant bodies as applicable. We have provided a few
useful resources below, though it is your responsibility to check
and see if such a body would be relevant to yourself.
- the Foreign, Commonwealth and Development Office ("FCDO",
https://www.gov.uk/travelaware) (applicable to UK residents);
- UK Passport Office (0870 5210410 or
https://www.gov.uk/browse/citizenship.
- Embassies, High Commission and/or Consulates;
- own doctor.
For UK residents booking European travel, you should obtain a UK
Global Health Insurance Card (UK GHIC) prior to departure unless
you are able to rely upon an existing European Health Insurance
Card (EHIC). For travel to Norway, Iceland, Liechtenstein and
Switzerland, UK GHIC and EHIC can not be used for medical
treatment. Passengers to these destinations should obtain
comprehensive medical insurance prior to departure, including cover
for emergency medical treatment and associated costs.
We do not accept any responsibility if you cannot travel, or
incur any other loss because you have not complied with any entry,
passport, visa, immigration requirements or health formalities. You
agree to reimburse us in relation to any fines or other losses
which we incur as a result of your failure to comply with any entry
passport, visa, immigration requirements or health formalities.
5. Travel Insurance
It is a condition of booking that you take out adequate 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. 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.
6. Pricing
We reserve the right to amend the price of unsold holidays at
any time and correct errors in the prices of confirmed holidays. We
also reserve the right to increase the price of confirmed holidays
solely to allow for increases which are a direct consequence of
changes in:
(i) the price of the carriage of passengers resulting from the
cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable
to the holiday imposed by third parties not directly involved in
the performance of the holiday, including tourist taxes, landing
taxes or embarkation or disembarkation fees at ports and airports;
and
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airline
cost changes which are part of our contracts with airlines (and
their agents), cruise ship operators and any other transport
providers.
You will be charged for the amount of any increase in accordance
with this condition However, if this means that you have to pay an
increase of more than 8% of the price of your confirmed holiday
(excluding any insurance premiums, amendment charges and/or
additional services or travel arrangements), you will have the
option of accepting a change to another holiday if we are able to
offer one (if this is of lower quality you will be refunded the
difference in price), or cancelling and receiving a full refund of
all monies paid to us, except for any insurance premiums and any
amendment charges and/or additional services or travel
arrangements. Should you decide to cancel for this reason, you must
exercise your right to do so within 7 days from the issue date
printed on your final invoice. We will consider an appropriate
refund of insurance premiums paid if you can show that you are
unable to transfer or reuse your policy.
There will be no change made to the price of your confirmed
holiday within 20 days of your departure nor will refunds be paid
during this period.
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) 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) 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 and will be effective from the date on
which we receive it.
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 and amendment charges which are not normally
refundable.
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.
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 Cruises |
All other holidays |
Luxury Independent Holidays |
| 91 days or earlier** |
Loss of deposit paid* |
Loss of deposit paid* |
Loss of deposit paid |
| From 61 to 90 days |
50% of final invoice |
Loss of deposit paid* |
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 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.
Cancellation by You due to Unavoidable &
Extraordinary Circumstances:
You may terminate the package travel contract applicable to your
holiday at any time before the start of the package without paying
a cancellation charge in the event of "unavoidable and
extraordinary circumstances" occurring at the place of destination
or its immediate vicinity which will significantly affect the
performance of the package or carriage to your holiday 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
additional compensation. You must be able to show at the time you
wish to cancel that there is no reasonable possibility of your
holiday going ahead, in order to rely on this clause.
For the purposes of this clause, "unavoidable and extraordinary
circumstances" means warfare, other serious security problems such
as 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
significantly affect travel to the travel destination as agreed in
the package travel contract.
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
As we plan your holiday arrangements many months in advance we
may occasionally have to make changes or cancel your booking and we
reserve the right to do so at any time.
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.
Changes: If we make a minor change to your holiday, we will make
reasonable efforts to inform you or your travel agent as soon as
reasonably possible if there is time before your departure but we
will have no liability to you. Examples of minor changes include
alteration of your outward/return flights by less than 12 hours,
changes to aircraft type, change of accommodation to another of the
same or higher standard, changes of carriers, and/or changes to
stops at certain ports. Please note that carriers such as airlines
used in the brochure may be subject to change.
Occasionally, we have to make a "significant change" to your
confirmed arrangements. Examples of what might equate to
"significant changes" is dependent upon the details of your booking
including the following, when made before departure:
(a) A change of accommodation area for the whole or significant
part of your time away,
(b) A change of accommodation to that of a lower official
classification or standard for the whole or a significant part of
your time away,
(c) A change of outward departure time or overall length of your
arrangements by more than twelve hours,
(d) A change of UK departure airport except between
a. The London airports: Gatwick,
Heathrow, Luton, Stansted, London City and Southend
b. The South Coast airports:
Southampton, Bournemouth and Exeter
c. The South Western airports: Cardiff
and Bristol
d. The Midlands airports: Birmingham
and East Midlands
e. The Northern airports: Liverpool,
Manchester and Leeds Bradford
f. The North Eastern airports:
Newcastle and Teesside
g. The Scottish airports: Edinburgh,
Glasgow, Prestwick and Aberdeen
(e) A significant change to your itinerary.
Cancellation: We will not cancel your arrangements
less than 60 days before departure (90 days for European River
Cruise) except for reasons of Events Beyond Our Control or failure
by you to pay the final balance. 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) prior to
departure.
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:
i. (for significant changes) accepting the changed arrangements;
or
ii. 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
iii. accepting the cancellation in which case you will receive a
full refund of all monies you have paid to us.
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.
Compensation In addition to a full refund of all
monies paid by you, we may pay you compensation as detailed below
where we make a significant change, you do not accept the changed
arrangements and cancel your booking or if we cancel your booking
and no alternative arrangements are available and/or we do not
offer one. The amount of compensation will be calculated based on
the scenario in question and will be confirmed to you by us.
*IMPORTANT NOTE: We will not pay you compensation in the
following circumstances:
a. where we make a minor 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 European River Cruise)
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 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, 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. Your 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.
We cannot be held responsible for the actions or behaviour of
other guests or individuals who have no connection with your
booking arrangements or with us.
12. Our Responsibilities
(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 set out
below and as such, we are responsible for the proper provision of
the travel services specifically included in your package, as set
out in your Holiday Itinerary, Welcome Pack and the information we
provided to you regarding the services prior to booking. Please
note that we shall not be responsible for any additional services
provided to you, whether provided by the travel service providers
or otherwise, which are not set out in your Holiday Itinerary,
Welcome Pack and the information we provided to you regarding the
services prior to booking.
(2) We will not be responsible or pay you compensation for any
personal injury or death unless you are able to prove that it was
caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any
injury, illness, death, loss, damage, expense, cost or other sum or
claim of any description if it results from:
(a) the acts and/or omissions of the
person affected; or
(b) the acts and/or omissions of a
third party unconnected with the provision of the services
contracted for and which were unforeseeable or unavoidable;
or
(c) Events Beyond Our Control (as
defined in clause 10).
(4) We limit the amount of compensation we may have to
pay you if we are found liable under this clause:
(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 is 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.
(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 EC 261/2004 (denied boarding and flight disruption), 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.
(5) Subject to these Booking Conditions, if we or our suppliers
negligently perform or arrange those services set out in your
Holiday Itinerary, Welcome Pack and the information we provided to
you regarding the services prior to booking and we don't remedy or
resolve your complaint within a reasonable period of time, and this
has affected the enjoyment of your holiday you may be entitled to
an appropriate price reduction or compensation or both. 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 in respect of any
claim for damages or compensation whatsoever will be calculated
taking into consideration all relevant factors such as but not
limited to: following the complaints procedure as described in
these Booking 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
(6) It is a condition of our acceptance of liability under this
condition that you notify any claim to us and our supplier(s)
strictly in accordance with the complaints procedure set out in
these conditions.
(7) Where any payment is made, the person(s) receiving it (and
their parent or guardian if under 18 years) must also assign to us
or our insurers any rights they may have to pursue any third party
and must provide ourselves and our insurers with all assistance we
may reasonably require.
(8) Please note, we cannot accept any liability for any damage,
loss or 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;
(b) relate to any business;
(c) indirect or consequential loss of any
kind.
(9) We will not accept responsibility for services or facilities
which do not form part of our agreement or where they are not
advertised in our brochure. For example any excursion you book
whilst away, or any service or facility which your hotel or any
other supplier agrees to provide for you.
(10) 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 at least 48 hours before the
start of your tour. For the purposes of this clause, "unavoidable
and extraordinary circumstances" may include 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
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 to enable
us to begin to resolve it.
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 Lead Passenger should
write to us. If you fail to follow this complaints procedure, your
right to claim the compensation you may otherwise have been
entitled to may be affected or even lost as a result.
14. 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 which will form part
of your contract with us. Some of these terms and conditions may
limit or exclude the supplier's liability to you, usually in
accordance with applicable international conventions. Copies of the
relevant parts of these terms and conditions are available on
request from us or the supplier concerned.
15. 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.
16. Medical Conditions/Disabilities/Reduced Mobility
We are not a specialist disabled holiday company, but we will do
our utmost to cater for any special requirements you may have. 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 (including
any Tour Manager on an escorted holiday) will cancel it and impose
applicable cancellation charges when we become aware of these
details (whether prior or during the holiday when such condition
become apparent to us. 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.
17. 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.
Passengers who require the use of a wheelchair must provide their
own standard size wheelchair for the duration of the cruise.
Carriers may 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.
18. Excursions
Excursions or other tours that you may choose to book or pay for
whilst you are on holiday are not part of your contracted
arrangements with us. For any excursion or other tour that you
book, your contract will be with the operator of the excursion or
tour and not with us. We are not responsible for the provision of
the excursion or tour or for anything that happens during the
course of its provision by the operator.
19. Delays, Missed Transport Arrangements & Other Travel
Information
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.
Under UK Law, you have rights in some circumstances to refunds
and/or compensation from the airline in cases of denied boarding,
cancellation or delay to flights. Full details of these rights will
be publicised at UK airports and will also be available from
airlines. If the airline does not comply with these rules you
should complain to the Civil Aviation Authority at
www.caa.co.uk/passengers. Reimbursement in such cases is the
responsibility of the airline and will not automatically entitle
you to a refund of your holiday price from us. If, for any reason,
you do not claim against the airline and make a claim for
compensation from us, you must, at the time of payment of any
compensation to you, make a complete assignment to us of the rights
you have against the airline in relation to the claim that gives
rise to that compensation payment. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of
the reasons set out in condition 10 of these Booking Conditions
(which includes the behaviour of any passenger(s) on any flight
who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in
this brochure or on our website and detailed on your confirmation
invoice are for guidance only and are subject to alteration and
confirmation. We shall inform you of the identity of the actual
carrier(s) as soon as we become aware of it. The latest flight
timings will be shown on your tickets which will be despatched to
you approximately two weeks before departure. You should check your
tickets very carefully immediately on receipt to ensure you have
the correct flight times. If flight times change after tickets have
been dispatched we will contact you as soon as we can to let you
know.
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.
20. 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.
21. Your Financial Protection
We provide financial security for flight-inclusive packages and
ATOL protected flights by way of our Air Travel Organiser's Licence
number 3278, issued by the Civil Aviation Authority, Gatwick
Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350,
email: claims@caa.co.uk.
When you buy an ATOL protected product 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. For further information, visit the ATOL
website at www.atol.org.uk. The price of our flight inclusive
arrangements includes the amount of £2.50 per person as part of the
ATOL Protection Contribution (APC) we pay to the CAA. This charge
is included in our advertised prices. Not all holiday or travel
services offered and sold by us will be protected by the ATOL
Scheme. ATOL protection extends primarily to customers who book and
pay in the United Kingdom.
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 (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 Association of Bonded Travel Organisers Trust Limited
(ABTOT) provides financial protection under The Package Travel and
Linked Travel Arrangements Regulations 2018 for Great Rail Journeys
Limited, member number 5386, and in the event of their insolvency,
protection is provided for:
• Non-flight packages
ABTOT cover provides for a refund in the event you have not yet
travelled or repatriation if transportation was included in your
package. Please note that bookings made outside the UK are only
protected by ABTOT when purchased directly with Great Rail Journeys
Limited.
In the unlikely event that you require assistance whilst abroad
due to our financial failure, please call our 24/7 helpline on
01702 811397 and advise you are a customer of an ABTOT protected
travel company. You can access The Package Travel and Linked Travel
Arrangements Regulations 2018 here:
https://www.legislation.gov.uk/uksi/2018/634/contents/made. You
can find out more about ABTOT here: https://www.abtot.com/
If you book arrangements other than package holidays from us,
your monies will not be financially protected. Please ask us for
further details.
22. 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
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.
23. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the
cost of any travel arrangements you have not used. If you cut short
your holiday and return home early in circumstances where you have
no reasonable cause for complaint about the standard of
accommodation and services provided, we will not offer you any
refund for that part of your holiday not completed, or be liable
for any associated costs you may incur. Depending on the
circumstances, your travel insurance may offer cover for
curtailment and we suggest that any claim is made directly with
them.
24. 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 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).
