2020: For all holidays your contract is with Sandgrouse Travel & Expeditions Ltd, Castlemains Lodge, Auchterarder, Scotland, PH3 1JR. Please read these terms and conditions carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
It is essential that you check the travel details outlined on the confirmation invoice and inform us immediately of any errors failure to do within 7 days from date of issue may harm your rights.
The deposit for your holiday is variable and will be confirmed at time of booking. The balance is due 70 days from departure. If the booking is less than 70 days before departure, the full amount is due on booking. If any balance remains unpaid, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charges as set out below. Payment must be in the currency of the invoice and you will be responsible for any bank charges which will be communicated to you at the time of booking. Payment for your holiday is by cheque, bank transfer debit or credit card. If payment is made by credit card we reserve the right to levy the appropriate bank processing charge (0%-3%) when you book.
Travel insurance is vital. It is your responsibility to ensure that you take out a comprehensive travel insurance policy to cover you during your travel. We reserve the right to request details of your policy to us before you travel. If you choose to travel without adequate travel insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
PASSPORTS, VISA’S AND HEALTH REQUIREMENTS
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your own specific circumstances. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Whilst we make every effort to ensure that the information on our website is as accurate and not misleading, it is published many months before your holiday takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. You will be informed of any material changes prior to your booking.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, scheduled airfares and any other airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport provider; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of GBP1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any 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 equivalent or higher quality you will not have to pay more but if it 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 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
AMENDMENT AND CANCELLATION BY YOU
We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. You will be responsible for any charges and costs as a result of such amendment and we reserve the right to charge an additional GBP75 administration fee plus any applicable charges levied by our suppliers.
You, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that written notification from the person who made the booking is received at our offices. We recommend that you use recorded delivery. Any cancellation will incur a charge to reflect the reasonable costs incurred by us in arranging and cancelling your booking. Charges for cancellation after the balance due date will vary due to the complex nature of our travel itineraries. Please note, the costs of many international flights are non refundable. This will be advised to you at the time of booking. The full costs of cancellation will be communicated to you at the point of cancellation. We have prepared the following cancelation charges below as a guide only, and this is subject to variation. (The cancellation charge detailed will be calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.):- Days prior to Departure when cancellation is made
Sandgrouse Travel & Expeditions Ltd will assess a fee for cancellations. This fee depends on the date when we receive notification of your request to cancel your reservations. More than 70 days prior to departure, cost of deposit including flights More than or equal to 45 but less than 70 days, cost of deposit including flights plus 75% of remaining itinerary price More than or equal to 30 days but less than 45 days cost of deposit including flights plus 85% of remaining itinerary price Less than 30 days, 100% cancellation charge 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. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
AMENDMENT AND CANCELLATION BY US
It is occasionally necessary for us to make changes to advertised products and services. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance no compensation is payable in relation to a minor change. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification. If the change is material “major change” (for example, a change of flight time by more than 12 hours, change of destination, or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) arranging an alternative holiday with us; or (iii) cancelling your holiday with full refund. Regardless of the option you choose we will pay you compensation, unless the change has been caused by Force Majeure or low bookings, as defined below: No. of calendar days notice prior to date of departure Compensation per Passenger More than 70 days Nil 69 – 43 days GBP10 42 – 28 days GBP20 27 -14 days GBP40 Less than 14 days GBP50
(B) CHANGES DURING THE HOLIDAY
If we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, alternatively, you will be returned to your point of departure and given a pro-rata refund for any part of the holiday not received. This does not apply to minor changes in your accommodation, itinerary or transportation.
Whilst we hope we will never have to cancel your holiday, this does very occasionally happen and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard together with a price refund if appropriate, or will give you a full and prompt refund.
(D) FORCE MAJEURE
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 any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, 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 and adverse weather, sea, ice and river conditions and all similar events outside our or the may constitute Force Majeure. We will follow the advice given by the Foreign Office.
(E) TRAVEL DELAYS
We have based our holidays on the services of major international airlines and whilst these airlines are rarely subject to lengthy delays, there are occasions regrettably when delays do occur. Unfortunately we cannot accept responsibility for such events and do not provide for arrangements for meals, overnight accommodation or any other cost resulting from delay. If you face a delay or are denied boarding we advise you to first contact your airline, who may be able to assist.
OUR RESPONSIBILITIES 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, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example 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), we will pay you reasonable compensation. 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 or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the of which could not have been avoided even if all due care had been exercised; or (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled. 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 £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind. (b) Claims not falling under (a) above or involving injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice 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, sea 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 Athens Convention (with respect to sea travel); 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. Please contact us. 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.
(3) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(4) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.
(5) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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) any business losses.
(6) 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.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by telephone. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
Cancellation or curtailment of a major sporting fixture is an unusual occurrence and we accept no responsibility to refund or compensate for changes to an event for reasons beyond our control. Every effort will be made to offer alternative arrangements and in the unlikely event of a cancellation any refund obtained will be passed on to the Customer.
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.
DOCUMENTATION Any flight confirmations and other information regarding your experience will be sent to you approximately 4 weeks prior to departure.