YOUR CONTRACT IS WITH Undiscovered Destinations Ltd, a Member of ABTA (Y6120) and ATOL holder number 7232.
- 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
- Financial Protection
We provide full financial protection for our package holidays. If you have booked a package holiday, you will be covered by The Package Travel and Linked Travel Arrangements Regulations 2018. Full details can be found here – https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
3.1 Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLcertificate.
3.2 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.
3.3 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.
- Booking Procedure
Once you have received our full confirmation and request for payment please complete the Booking Form / Passenger Informations Form online or you can send it to us by post. When you make your booking we will ask for a minimum deposit of £350 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.
- 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 8% 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.
- Group Size
Unless otherwise stated our tours are based on a minimum of between 2 to 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.
We will at times guarantee a tour for departure with no clients confirmed as a commercial decision based on historical booking figures. When we guarantee a tour, this will operate whatever the client numbers booked on that departure.
- 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.
- 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.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
- 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 together with the cost of any flight(s), which are always non-refundable and non-changeable.
- 34 to 21 days 60% of final invoice together with the cost of any flight(s), which are always non-refundable and non-changeable.
- 20 to 8 days 80% of final invoice together with the cost of any flight(s), which are always non-refundable and non-changeable.
- Within 7 days 100% of final invoice together with the cost of any flight(s), which are always non-refundable and non-changeable.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Part cancellation of a booking may result in additional costs being payable by the remaining members of your party. This includes additional tour costs and single supplements.
- 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.
- 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.
- Age & Health requirements
A minimum age of 18 applies to many of our tours. Please check with your consultant or agent at the time of enquiry. For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
Our small group adventures bring together people of all ages. It is very important you are aware that an average level of fitness and mobility is required to undertake our easiest programs. Travellers must be able to walk without the aid of another person, climb 3-4 flights of stairs, step on and off small boats, and carry their own luggage at a minimum. Travellers with a pre-existing medical condition are required to complete a short medical questionnaire, which must be signed by their GP / physician. This is to ensure that travellers have the necessary fitness and mobility to comfortably complete their chosen trip. While our tour leaders work hard to ensure that all our travellers are catered for equally, it is not their responsibility to help individuals who cannot complete the day’s activities unaided. Please refer to the fitness ratings in the tour dossier document for more information.
If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details. Undiscovered Destinations Ltd reserves the right at any time to require the Client to produce a doctor’s / physicians certificate certifying that the Client is fit to participate in the tour
We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
- Tour participation and client responsibility
You agree to accept the authority and decisions of our employees, tour leaders and agents whilst on tour with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), your health, level of fitness or conduct at any time before or during a tour is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without refund or recompense. Where you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, we may make such arrangements we see fit and recover the costs thereof from you. If you commit an illegal act (including, for example, causing any damage) you may be excluded from the tour and we shall cease to have responsibility to/for you as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Please note, that if requested we do not provide client details to other clients on the same tour before or after departure.
If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
- If You Have A Complaint
If you have a complaint about any of your tour arrangements, you must tell our relevant local supplier at the time. In the event that your complaint cannot be resolved by our local representative at the time, please contact our U.K. office directly. You may contact our office by telephone and outside of our normal opening hours calls and messages are monitored on a regular basis. Alternatively, we can be contacted by email. Contact details are provided on your tour voucher.
It is only if we and the supplier know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If your complaint is not resolved on the spot or by contacting our office directly at the time, then you should notify us in writing within 28 days of the end of your trip by writing to our Customer Services Department at Undiscovered Destinations Ltd, 1b St Oswins Place, Tynemouth, Tyne and Wear, NE30 4RJ giving your booking reference and all other relevant information.
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.
If we are unable to mutually resolve your complaint you may call upon the ABTA ADR schemes (https://www.abta.com/help-and-complaints/customer-support/abtas-adr-schemes) Where Undiscovered Destinations and its customer are unable to resolve their differences, ABTA provides an opportunity for the parties to have their dispute considered and managed through its arbitration or conciliation scheme. Both schemes are administered independently.
The ABTA Arbitration Scheme
Arbitration can be used to settle alleged breaches of contract and/or negligence between consumers and ABTA Members. If your claim includes an element of minor illness or personal injury then this can also be considered by the arbitrator, but is limited to £1,500 per person.
The ABTA Conciliation Scheme
The ABTA conciliation scheme for disputes related to personal injury and sickness. It is a process through which a neutral third party, the Conciliator, seeks to help both sides to a dispute come to a mutually satisfactory settlement by negotiation and compromise, but is limited to £10,000 per booking.
Further details are available here – https://www.abta.com/help-and-complaints/customer-support/abtas-adr-schemes
Promotional Vouchers – Terms and Conditions
A promotional voucher is an entitlement to a discount (up to the amount stated) off a qualifying booking for a promotional period as stated on the voucher.
1. Vouchers have a cash value of £0.001 and are not transferable or assignable and cannot be sold at auction.
2. Single-use vouchers can only be used once.
3. Only one voucher can be used per booking.
4. Only one voucher can be redeemed per household.
5. When using a voucher, the voucher amount will be shown on the invoice and deducted from the final balance of the booking. A full deposit is still required.
6. Vouchers are valid for new bookings only.
7. With tailormade arrangements, a minimum stay of 7 nights will applicable in order for a voucher to be valid.
8. Vouchers cannot be used with any other promotion or offer.
9. Undiscovered Destinations reserves the right to refuse redemption of vouchers if they believe that they are being used by someone other than the intended recipient.
10. Undiscovered Destinations reserves the right to decline to accept vouchers where, in its opinion, a voucher is invalid for the booking being made.
11. Undiscovered Destinations reserves the right to cancel a promotion at anytime.
12. Undiscovered Destinations shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher or any failure or inability of a customer to use a promotional voucher for any reason.
13. Undiscovered Destinations reserves the right to change these terms and conditions at any time.