YOUR CONTRACT IS WITH Undiscovered Destinations Ltd, a Member of ABTA (Y6120) and ATOL holder number 7232.
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. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel.
Undiscovered Destinations is a member of ABTA. ABTA and ABTA members help holidaymakers to get the most from their travel and assist when things don’t go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For more information on ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ, Tel 020 3117 0500 www.abta.com
3. Financial Protection
We provide full financial protection for our package holidays.
3.1 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.
3.2. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by Undiscovered Destinations with ABTA.
4. Booking Procedure
Once you have received our full confirmation and request for payment please complete the Booking Form and send it to us by post or fax to +44 (0)191 296 0962 or email email@example.com When you make your booking we will ask for a minimum deposit of £250 per person. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the balance is not paid in time, we shall reserve the right to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. Unless otherwise advised payments for flights are non-refundable and dates of travel will be fixed and non-changeable. It essential that travel insurance is taken at the time of booking to cover possible cancellation.
5. Tour Prices
We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Changes in transportation costs, including the cost of fuel, 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. 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 (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date 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. Prices shown are per person and are based on TWO persons sharing a twin room. Kindly note that double bedded rooms cannot be guaranteed, although requests will be noted at the time of booking. Furthermore, some hotels have several different room types. We regret that we are unable to pre-allocate a particular room type and in order that we accommodate the entire group, some clients may be given a superior room type without additional charge. In such cases this will always be done in the fairest way possible. We thank you in advance for your understanding.
6. Group Size
Unless otherwise stated our tours are based on a minimum of 4 clients and a maximum of 12. In the event that we are unable to operate the tour on this basis, you will be advised at the earliest opportunity and always no less than 1 month before departure. At that time you will be offered one of the following options:
•Travel as planned, but at an additional supplement, payable per person. The cost of this supplement will vary depending on the itinerary and number of confirmed clients
•The same tour but for a different date. Alternatively a different tour, for another destination and date
•A full refund of all monies paid to the Company.
7. Alterations By You
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, 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 or your travel agent. You will be asked to pay an administration charge of £75.00 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 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.
For alterations within 10 weeks of departure Cancellation Charges will apply.
8. Alteration 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.
Changes 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 holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation of £75.00 per person. These options don’t apply for minor changes. 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, change of tour route and order, changes of carriers.
Cancellation We will not cancel your travel arrangements except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday if the minimum number of clients required for a particular travel arrangement is not reached as explained under ‘6. Group size’. If your holiday is cancelled you can either have a refund of all monies paid or accept 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). In some cases we will pay compensation (see below).
Insurance If we cancel or make a major change and you accept a refund, we will consider an appropriate refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy.
Compensation If we cancel or make a major change we will pay compensation of £75.00 except where the major change or cancellation arises due to reasons of force majeure. 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, the threat of 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.
9. Cancellation By You
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. If written notification of cancellation is received more than 10 weeks before departure only your deposit will be forfeited, together with the cost of any flight(s), which are always non-refundable and non-changeable. Cancelling less than 10 weeks before departure the following cancellation charges will be applied:
• 70 to 35 days 40% of final invoice
• 34 to 21 days 60% of final invoice
• 20 to 8 days 80% of final invoice
• Within 7 days 100% of final invoice
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
10. Our Responsibility for your Holiday
Your booking is accepted on the understanding that you realise the potential risks and hazards that can be involved in adventure travel of this kind, including injury, loss or damage to property, discomfort and inconvenience. We will also accept your booking on the understanding that you realise the safety facilities in the developing world - in the vehicles, on the roads and at the tourist sites - often do not match ours in the west. Where the client does not suffer personal injury, the Company accepts liability should any part of the tour arrangements booked with Company not be supplied as described in the itinerary. However we do not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the failure in the tour arrangements was the client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if due care had been exercised. Where the client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same rules shall apply. Our responsibility does not start until you meet the group or our overseas representative at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point. 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. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 8. If any payments to you are due from us, any payment made to you by the airline will be deducted.
We strongly recommend that you take out your own insurance once you have paid your deposit. Adequate insurance must be in place before participating in a tour, which must include cover for medical expenses and repatriation costs should you become too ill to continue your trip.
12. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
13. If You Have A Complaint
If you have a problem during your holiday, please inform our local 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 Undiscovered Destinations Ltd, PO Box 746, North Tyneside, NE29 1EG giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay. 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 the destination and this may affect your rights under this contract.