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international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage. If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased overseas your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall at our absolute discretion give you every assistance including advice, guidance and financial assistance to cover initial legal costs for legal action against a third party where appropriate, up to a limit of £5,000 cost to ourselves per booking provided such assistance is requested within 90 days of the misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, the Company is entitled to recoup from you the costs actually incurred by us in giving this assistance. If you are joining the holiday locally (i.e. not starting with the group from the UK) our responsibility does not commence until the appointed time, and we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your confirmation to enable you to continue with your holiday, although you may, at your discretion, remain at the local joining point for the arrival of the group. We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on tour. Occasionally our local service providers will need you to sign an `Acceptance of Risk' form prior to accepting your participation on the tour in accordance with specific local regulations. The purpose of the form is to indemnify the service provider and the Company from any claims made by you for incidents arising due to circumstances outside the service provider's and the Companies reasonable control. Where this is the case details are outlined in the Trip Notes and you may request a copy of the applicable form by contacting us. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time. We operate all our trips in accordance with the recommendations from the UK Foreign & Commonwealth Office (FCO). If you are booking from outside the UK you should recognise that the FCO advice may not always be aligned with the advice from your own consulate or government travel authority. 6. Flight notice, Flight information and eu Blacklist This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s), us and you. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice. Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury. There are no financial limits to the liability for passenger injury or death. For damages up to approximately £109,000 the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments. If a passenger is killed or injured, the air carrier must make an advanced payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000. Passenger delays. In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to approximately 5,650; US$6780. Baggage delays. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such
measures. The liability for baggage delay is limited to approximately £1000. destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to approximately 1,350; US$1,660. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. higher limits for baggage. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Complaints on baggage. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. time limit for action. Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States. eU Airline Blacklist. In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a `Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used: British Airways, Turkish Airlines, Iberia, IcelandAir, South African Airways, KLM, Air Namibia, Ethiopian Airlines, Royal Air Maroc, Swiss International Air Lines, Tunisair, Kenya Airways, Air China, Etihad Airways, Gulf Air, Sri Lankan Airlines, Qatar Airways, Japan Airlines, Royal Jordanian, Thai Airways, Jet Airways, Air Canada, Virgin Atlantic, Continental Airlines, Aerolineas Argentinas, Finnair. Emirates, Kingfisher, LanPeru, LanChile, Air New Zealand, Air Europa, SAS, Air France, TAM, Korean Air, Croatia Airlines, Thomson Airways, British Midland, EgyptAir, Malaysian Airlines, Adria Air, Alitalia, EasyJet, TAROM, Air Madagascar, Air Botswana, Olympic Airways, TAP Air Portugal, Delta Airlines, Bulgaria Airlines, Lufthansa, Aeroflot, Norwegian, American. The airline may use wide and narrow-body jets. 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 of routing, changes to aircraft type, change of accommodation to another of the same standard. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system. Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggage weight. If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from your GP. 7. complaints process If you have any complaint during your holiday you must inform our local representative or your Group Leader and the relevant supplier of the service immediately. If you are not happy with their action in response please follow this up within 35 days of your return home by writing to us at Customer Services, Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE giving your booking reference and all relevant information. We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. We can usually sort out any complaints you may have, but if we cannot agree you can take the matter to arbitration administered by IDRS, part of the Chartered Institute of Arbitrators. Details and application forms are available from ABTA, 68-71 Newman Street, London W1T 3AH, www.abta.com. The arbitrator will only deal with your complaint if it relates to a tour and: · you are claiming up to £5,000 for each person or £25,000 for each booking; · you contact them within 9 months of the end of your tour; and · your complaint does not involve major physical injury or illness in excess of £1,000. This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details please ask our customer service staff. If you prefer, you can take your complaint to the County Court or another suitable court.
8. details of insurance Valid travel insurance is mandatory for all clients while on one of our tours. You are strongly advised to insure yourself against possible risks that may occur and in particular to ensure that you have sufficient pre-departure cancellation cover which includes dependent relatives upon whom your trip may depend. You are required to carry proof of insurance with you and produce it if requested by company employees or suppliers, as failure to do so may result in your being prevented from participating in certain activities without the right to any refund. The insurance policy we offer is designed to cover all activities included in our itineraries and the featured optional extras. Please note our policy may not cover you for any specific activities that are not pre-booked or featured in official Exodus Travels Company literature. If you choose not to take our insurance you are responsible for ensuring that you are in possession of a valid travel insurance for the entire duration of your trip in respect of medical expenses, medical emergency repatriation (including helicopter and air ambulance) and death. If you make your own insurance arrangements, you must ensure that there are no exclusion clauses which limit cover for the type of activities included in your tour, such as, but not limited to, trekking at altitude, as Exodus will not be responsible for costs you may incur as a result of not having valid or adequate travel insurance. It is the responsibility of all our clients to declare any material facts including known medical conditions to their insurers, as failure to do so may result in a claim being reduced or declined. 9. Visa, Health, passport, travel documentation Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your chosen tour and date of travel. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling. The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries. Clients travelling overland to certain destinations may need to also pass through controls of other countries en-route so this should be allowed for with any passport/visa applications. When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. Each person wishing to visit the US must have either; i) an e-passport (if your passport is issued after 26 October 2006), or a machine readable passport (containing a digital photograph if your passport is issued after 26 October 2005) and a Visa Waiver Form or ii) a valid passport and a valid visa which must be obtained before travel from the US authorities. The US authorities have introduced a requirement for passengers travelling under the Visa Waiver Programme to register for Electronic Travel Authority. For additional specifics about the VWP please consult the VWP information on the U.S. Embassy London website www.usembassy.org.uk. We recommend that you carry your ESTA approval with you when you travel and recommend you register at least 72 hours before departure. Please Note: when you register for ESTA you must have a valid passport at the time of registration. If you have applied for a post dated passport (for example to reflect a change in name) this passport will not be valid until the effective date noted in the passport. Children and minors wanting to travel with a Visa Waiver form must hold their own Machine Readable Passport or e-passport. Please note that the nationals of some countries can only travel to the US if they have a valid visa as they are not eligible for the Visa Waiver Programme. From the 1st May 2010, the Cuban authorities will require proof of valid medical insurance before allowing visitors to gain entry to the country. It is essential that you have a copy of a valid travel insurance policy, insurance certificate or other suitable evidence in your possession on arrival in Cuban. Please ensure that you keep the policy documents easily to hand upon arrival. US residents visiting Cuba must ensure that any medical insurance policy that they purchase covers them for travel to Cuba. Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit. We are able to advise 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, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner. When assessing whether tours or expeditions will operate we use information from our local offices in conjunction with advice from the British Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. 10. privacy policy Exodus Travels Limited's full Privacy Policy is published at www.exodus.co.uk/privacypolicy, and sets out what information we collect, how we collect it, and what we do with it. Your information refers to information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including any information about other persons on your booking relating to the same ("your information"). Your information is collected when you request information from us, contact us (and vice versa) or make a booking with us. You are responsible for ensuring that other members of your party are aware of the content of our Privacy Policy and consent to your acting on their behalf in all your dealings with us. We will update your information whenever we get the opportunity to keep it current, accurate and complete. For the purpose of providing you with our services, including your flight, holiday or insurance, etc., we may disclose your information to our service providers (who could be located outside the UK/EEA). In order for you to travel overseas, it may be mandatory (as requested government authorities at the point(s) of departure and/or destination) to disclose your information for immigration, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Even if not mandatory, we may exercise our discretion to assist where appropriate. We may collect and use your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our "group companies" (some of whom are outside the UK/EEA) for business purposes. We may also disclose your information to companies who act as "data processors" on our behalf, or to our service providers operating systems or business functions on our behalf, some of whom are outside the UK/EEA. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection. Some of your information (such as health or religion) may be considered "sensitive personal data" under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information (which may contain sensitive personal data) to us in circumstances where we need to act in the interest of everyone in the group you are travelling with. For example, if your illness at resort is infectious we may need to make special arrangements for you and also ensure that you do not return with the group immediately. If you do not agree to our use of your information as above, we cannot do business with you or accept your booking. We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our holiday group companies. Please note that our websites will assume you to agree to e-communications when you make a booking. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material. You may indicate your preference regarding receiving third party direct marketing material. If do not wish to receive such information or would like to change your preference, please see below. You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. You have the right to ask in writing not to receive direct marketing material about our products and services. If the following facilities are available, you can amend your previous preference on our website(s), using our "unsubscribe e-mail" or in literature which you subsequently return to us. Once properly notified by you, we will take steps to stop using your information in this way. If you would like a list of our group companies or brands, please send us your request. Our address is at Exodus Travels Limited, Grange Mills, Weir Road, London SW12 0NE. Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country. We have taken all reasonable steps to have in place appropriate security measures to protect your information. Any changes to this Policy will be either posted on our website, brochure and/or made available on request. 77
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For up-to-date prices and availability call 0845 863 9626 or visit www.exodus.co.uk
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