Distinguished Traveller(DT) supplies tours and excursions by coach, train and air to customers, upon the following terms and conditions.
Where the tour comprises a package holiday, within the meaning of the Package Travel Regulations 1992, your attention is drawn to the obligation on the customer
These definitions apply unless the context of the Agreement requires a different interpretation:
“Booking” means any placing of a request by you, in person, in writing or by telephone, for you or someone else to be included in a Tour, either direct to DT or through any agent, together with full, cleared deposit payment for the tour, as advertised
“Confirmation” means confirmation, by DT of a Booking for a tour or an excursion and “confirmed” shall be construed accordingly
“Package Holiday” means a package holiday within the meaning of the Package Travel Regulations 1992
“Ticket” includes an electronically generated ticket
“Tour” includes any excursion or tour advertised from time to time, with itinerary and price, to be arranged by the Tour Company, as described in its latest flyer
“Writing” includes electronic writing
“You” means the Client which may include any person over the age of 18 years or any minor accompanied by such a person
The terms of this Agreement are:
1 Booking Tours
1.1 In order for you to come on a tour sold by us, you must make a Booking. This is done by paying a deposit of 25% of the total advertised price. It is your responsibility to ensure that the Booking and the Tour are suitable for your requirements and capacity (including your physical and medical state and any disability from which you may suffer), in every respect.
1.2 Provided that a place on the Tour booked is available and DT is satisfied that there is no good reason to refuse the Booking, DT will confirm the Booking in writing. You must then pay the balance of the advertised Tour price within 10 weeks of date of travel. At that point, and not before, the Booking is complete and a contract is then made for the provision of the Tour.
1.3 If, for whatever reason, a Booking is cancelled by you, DT will not make a refund of the Booking payment made by you – we reserve the right to charge an administration fee.
1.4 As soon as practicable, after booking confirmation, you will be sent a Ticket for the Tour, either by DT or its duly authorised agent or The Tour Operator.
1.5 Where the Tour constitutes a Package Holiday, the following provisions in the brochure shall constitute part of the Booking terms and conditions:
1.5.1 the destinations and, where more than one, the time to be spent at each;
1.5.2 the means, characteristics and categories of transport with dates and times and points of departure and return; any intermediate stops and connections and where to go or stay to effect them;
1.5.3 where accommodation is included, the location, degree of comfort and main features (including categorisation in a member state of the EU)
1.5.4 what, if any meals are included in the Tour;
1.5.5 whether there is a minimum number of clients before the Tour is cancelled and the timetable for any such cancellation;
1.5.6 the itinerary;
1.5.7 the excursions and tours included in the price and any surcharges that might arise and their method of calculation;
1.5.8 the name and address of the organizer and any insurer, together with a local representative, whether associated with DT or not;
1.5.9 the total price for the package holiday and any charges, taxes, dues not included;
1.5.10 the payment schedule and accepted methods of payment;
1.5.11 the need to agree any special requirements with DT;
1.5.12 the ways and means and timetable for making a complaint.
2 Cancellation and alteration
2.1 Except where it is beyond your control (such as a requirement to do jury service), any cancellation by you of a Booking must be made in writing to DT or it’s duly authorised agent or tour operator. The booking deposit is not repayable and there could be cancellation fees due from the tour operator, transfer company or airline. If these exceed the amount of monies paid as deposit, we will seek the balances to be paid or will negotiate on your behalf with any of the other parties to minimise amounts due.
2.2 Provided that any cancellation is made in accordance with paragraph 2.1, the balance of any Booking payment still held by DT will be refunded after payment of any cancellation fees, less a minimum of £50 per person charge for administration of the cancellation and, subject to that, where DT receives any refund from any other person as a result of the cancellation, DT shall account to you for that also.
2.3 No refunds will be made in relation to the return part or any other unused part of a ticket.
2.4 You may by written notice be able to change the Tour. This written notice must be made either direct or through its duly authorised agent. Any excess money will be refunded to you, subject to the payment of any additional administration charge or cancellation fees less administration fees as in paragraph 2.2.
2.5 Where an originally booked Tour is changed in accordance with paragraph 2.4, any discount applied to the price of the original Tour will no longer apply to the cost of any replacement Tour.
2.6 Where the Tour comprises a Package Holiday, DT shall advise you as to any major proposed changes to the Tour and allow you the opportunity to withdraw without financial penalty from ourselves. However any cancellation charges from operators charged to DT will be passed on to yourself. We will negotiate in good faith with any parties who were part of your proposed holiday.
2.7 If we have to make minor alterations to your itinerary travel or holiday arrangement, we reserve the right to do so.
2.8 Where a change is a minor change, we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined here.
2.9 When a change is a major change (and a major change is either an alteration to your flight time by more than 12 hours, or a major change in standard of accommodation), we will advise you as soon as is reasonably possible. You will then have the choice of:
2.9.1 accepting the change, taking an alternative holiday (and where this is of a different price, you or we will refund the difference as appropriate); or
2.9.2 Withdrawing from the contract and accepting a full refund of monies paid within the terms and conditions of the relevant operators paid minus any cancellation fees from companies on the tour.
2.10 In addition, in appropriate cases, we will pay compensation commensurate with the inconvenience suffered (on the assumption that the full balance has been paid).
2.11 In the unlikely event that we become unable to provide a significant proportion of your trip after you depart, we will make alternative arrangements for you to continue the trip at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure.
2.12 In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure.
2.13 If DT has to cancel your holiday before the date of departure, you will have the choice of:
2.13.1 taking an alternative holiday (and where this is of a different price you or we will refund the difference as appropriate); or
2.13.2 accepting the full refund of all monies paid.
2.14 In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we will pay you compensation commensurate with your inconvenience. Under booking is the situation in which the minimum number of bookings required to run a tour is not met.
3 Your obligations
3.1 You must ensure that any medical or other attendance that you require is provided by you.
3.2 You agree that you may be photographed in the course of the Tour for the purpose of DT’s future publicity and that any written comments you make about the Tour or DT may be published by DT.
3.3 You agree to abide by any reasonable directions (especially any given on account of health and safety), given by DT’s representatives in the course of the Tour.
3.4 You agree to behave in a reasonable and responsible manner and, in particular that you will do nothing which might endanger the health and safety of any person involved in the Tour or which might result in personal injury to any person or loss of or damage to property belonging to DT, its representatives or other Clients.
3.5 You agree that it is your responsibility to carry any necessary valid passport or visa, necessary for the Tour and, in any event even for domestic tours, always to carry some official means of photographic identification, such as a valid driving licence.
3.6 You agree to inform us of any special requests at the time of booking. We will advise the relevant supplier of such requests but cannot guarantee that they will be met. Furthermore, DT has no liability to you if such requirements are not met.
4 Liability of Tour Company
4.1 When DT supplies ancillary services, which include any services supplied by a third party, DT does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying those services to DT.
4.2 DT shall have no liability to you for any loss, damage, costs or expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, illegible, out of sequence or in the wrong order or form, or arising from your late arrival, non-arrival or any other fault of yours.
4.3 Except in respect of death or personal injury caused by the negligence of DT, or as expressly provided in these Terms, DT shall not be liable to you by reason of any innocent representation or any implied warranty, condition or other term, or any duty at common law, for any loss of profit, opportunity or any indirect, special or consequential loss, damage, costs, expenses or other claims (however caused) which arise out of or in connection with the provision of any Tour (including any delay or failure to provide it), so however that, the entire liability of DT under or in connection with the tour contract shall be limited in maximum to the amount of the payments for the provision of the Tour in question.
4.4 DT is not responsible for any act or omission of yours which results in death, personal injury or loss of, or damage to property of any other client.
5.1 Insurance for medical emergency, including repatriation in any such event, is not included in the cost of the Tour.
5.2 It is a condition of booking that all travellers be covered by comprehensive travel insurance and do not travel against medical advice. You should organise it immediately you book so as to be covered in case of the ill health of yourself, a close relative or your travelling companion. If you do not wish to take out our insurance we must be provided with details of your comparable or greater cover and policy by, at the latest, one month prior to departure.
6 Force majeure
6.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of employees. It does not include merely inclement weather conditions.
6.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
6.3 Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure, except in relation to liabilities accrued before the occurrence of the force majeure.
6.4 Where you have to cancel a Booking as a result of force majeure, your place may be offered to another person who would then pay you for your ticket.
7 Successors to the agreement
7.1 DT is entitled to assign the benefit of this agreement
7.2 The benefit and obligations of this agreement shall be binding on any successor in title.
8 Severability and waiver
8.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.
8.2 No delay by DT in exercising any right, power or provision hereunder shall operate as a waiver of the exercise of any right at a future time.
Any notice to be served on either of the parties by the other shall be sent by first class post or pre-paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.
10 Entire understanding
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement, including by reference.
11 Miscellaneous matters
In this Agreement, unless the context requires a different interpretation:
11.1 References to the singular include the plural;
11.2 The headings in this document are for reference only, and
11.3 References to a numbered rule are a reference to the rule bearing the corresponding number in this agreement.
12 Dispute resolution
12.1 In the event of a dispute arising out of or in connection with this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.2 Subject to clause 11, if any difference shall arise between any of the parties touching the meaning of this Agreement or the rights and liabilities of the parties, the same shall be referred to arbitration by a single arbitrator to be appointed, on the application of either side, by the President for the time being of the Law Society.
This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.
14 Pre-booking price
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking.
We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an amended invoice reflecting any changes made. After an invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge is included within these amounts.
If the increase would be 2% or less of the holiday price shown on your invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £10.
We will do our very best to hold the price of your booking. If the increase is more than 10% of the holiday price and we feel a supplementary payment is justified and necessary to fulfil your booking, you will be notified in writing and supplied a supplementary invoice. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of £100 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
The price you are given will be correct at that time, based on current prices and exchange rates. Prices are not guaranteed and not confirmed until the point of booking. At the point of booking and upon payment being received in full, your holiday price will not change, unless you make amendments to it.