WANDERFORTH PACKAGE HOLIDAY BOOKING CONDITIONS
YOUR CONTRACT IS WITH T & G R Travel Ltd trading as WANDERFORTH a Member of ABTA and ATOL holder number 10448
1. Your holiday contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. Any bookings made are subject to confirmation from suppliers. Your credit/debit card will be charged once the holiday arrangements are confirmed. Should your holiday not be available or should there be any difference in cost we will contact you to discuss this and offer alternatives and in this instance you have the right to cancel with no penalty. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
2. Your financial protection
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.
For further information visit the ATOL website at www.atol.org.uk.
When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA.
We are a Member of ABTA, membership number Y4451 when acting as a principle and L9538 when acting as an agent. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a
limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation.
4. Your Holiday Price
1) We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
2) When you make your booking you must pay a deposit of 15% of the accommodation and any other services PLUS the full price of any flight costs. The balance of the price of your travel arrangements must be paid at least 90 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies.
3) We accept payment by credit card and debit card - direct payments to us by credit card will incur a charge of 2% of the total value of your Holiday. American Express will incur a 3% charge and payment by debit card is free. Late bookings made within 14 days prior to departure will incur a £15 per person fee and may require ticket pickup at the airport which may also incur an additional fee.
4) Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. 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. You will be charged for the amount over and above that, plus an administration charge of £1.00 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 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, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your 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.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £40 and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as shown below:
Holiday cancellation charges
|More than 90 days||Loss of Deposit|
|42 - 90 days||Cost of flight plus 30% of total cost of the accommodation and other elements|
|34 -42 days||Cost of flight plus 70% of total cost of the accommodation and other elements|
|7 - 33 days||Cost of flight plus 90% of total cost of the accommodation and other elements|
|Less than 7 days||100% of total cost of booking|
(Above detailed amount of days is the period before departure within which notice of cancellation is received by us in writing)
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If you have booked a Cruise, any cancellation or amendments (including name changes) will incur the above charges in addition to any other charges in line with the relevant cruise line's terms and conditions.
In the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to us.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.
In cases where cancellation charges made by our suppliers are higher than the cost of the deposit, we may pass the charge on to you. Please ask for full details and we will notify you of the specific charges applicable to your booking.
Note: Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
7. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 90 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements we will either provide a refund of all monies paid or provide alternative travel arrangements of a comparable standard if available (and we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause detailed below.
The EU publishes a list of airlines that are subject to an operating ban within the European Community.
Please go to www.europa.eu and search on banned airlines.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer and this will be communicated in your booking confirmation.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other 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 standard.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
More than 90 days
|42 - 90 days||£25.00|
|34 -42 days||£35.00|
|7 - 33 days||£40.00|
|Less than 7 days||£50.00|
Please note that the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure - we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
8. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Wanderforth, 166 Upper Richmond Road, London, SW15 2SH or e-mail firstname.lastname@example.org 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. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 3 above on ABTA.
9. Passports, visas, health requirements and travel documents
The passport, visa and health requirements applicable at the time of printing to British citizens for the arrangements we offer are shown elsewhere on our website. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. For further details contact the Passport Office on Tel: 0870·521·0410 or visit www.ukpa.gov.uk. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry contact documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us you will be responsible for reimbursing us accordingly. In the event we are asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
It is mandatory for anyone travelling to or transferring through the US under the Visa Waiver Program, to obtain approval to travel no later than 72 hours prior to travel by completing an online process ESTA (Electronic System for Travel Authorisation) scheme. The cost of an ESTA is currently approx $14 per person and can be obtained by visiting https://esta.cbp.dhs.gov or the Visit USA Website at www.visitusa.org.uk where further information on the scheme and up to date fee can also be found. Once completed and approved, the ESTA application is valid for two years and allows multiple visits without the need to reapply. Travellers can apply for an ESTA even if they have no firm plans to travel to the US.
Failure to obtain an ESTA could result in the passenger being denied boarding by the airline.
It should be noted that it may take a significant amount of time and up to 6 month to obtain the appropriate passport and visas depending on your circumstances.
Wanderforth considers adequate travel insurance to be essential. Information about travel insurance can be found elsewhere on this website. Please read your policy and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
For those who participate in sports, water sports and winter sports whilst on holiday it is your responsibility to ensure that you obtain the relevant insurance cover.
11. Our Liability To You
(1) In respect of Packages
We promise that your Holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
(2) In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ flight, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
(4) Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. 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. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the 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; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(7) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
12. Local Excursions/Activities/Events
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 website. 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. Excursions, tours, activities or other events that you may
choose to book or pay for through our concierge service or whilst you are on holiday ("Local Events") are not part of your package holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
13. Data protection/privacy
14. Special requests and medical problems
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please contact us.
15. Where we are an agent
Where we act as an agent the front of all relevant pages of the invoice will say "we act as an agent for..." and then the name of the company with whom you are making a contract. Your contract is with that company and subject to their terms and conditions, a copy of which can be obtained from ourselves. Where we are acting as an agent, and the commission received by us from a supplier is insufficient to cover costs, a booking fee will have been included in the price quoted. Where an outstanding balance is not received by the due date, we reserve the right to charge a fee to cover the cost of the additional administration, credit control and postage that is incurred. If you have any special request, please inform us as soon as possible in writing. We will pass on such request to the principal, but neither we nor they can guarantee to meet any such request. Special requests cannot be accepted for late offer holidays.
Further, 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. All such bookings will be treated as standard bookings. In the event of cancellation/amendment by you, the principal will apply cancellation charges/amendment fees in accordance with their booking conditions. In addition we will apply a charge to cover our losses in advertising, administering and then amending/cancelling the bookings. The relevant charge will be quoted to you when notifying us of a cancellation. But in the case of scheduled flights, it is normal for airlines to charge the full flight cost in such circumstances. As we are only agents in these circumstances, we accept no responsibility of any description for the failure to perform or improper performance by our principal of their contract with you. Complaint Procedure whilst, as stated, we are not liable in any way for failing to perform or improper performance of the contract, we will do our best to help you resolve any complaint you might have against the principal.
It is important to note that flights which are described as “direct flights” may not necessarily be non-stop. The departure and arrival times provided to us by airlines are only estimates and may change due to weather, air traffic control restrictions and operational issues. We cannot be held liable for these changes and advise that you reconfirm your flights at least 72 hours prior to departure. Furthermore special arrangements in relation to delays are the responsibility of the airline with which you are travelling.
17. Departure Taxes
In certain cases departure taxes may be charged when you depart your destination of travel, payable to the Government of the country from which you are departing. These are usually payable locally and are not included in your holiday price.