Booking Information contd… Adventure Travel Insurance / Booking Conditions

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Adventure Travel Insurance / Booking Conditions contd.
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Booking is easy ­ Just follow these three steps... ONE Check availability Contact us to make sure there's space on the trip you are planning to book. departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate. 11. Compensation or Liability Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. 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 (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs. For claims which do not involve death or personal injury, we accept, and will only have, liability should we or our suppliers fail to satisfy the obligations detailed above. If we have liability we will pay you reasonable compensation (limited to 3 times the value of your holiday) if your enjoyment of the tour is adversely affected. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions) will be deducted from any sum paid to you as compensation by us. For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have liability should we or our suppliers fail to satisfy the obligations detailed above. If we have liability, we will pay you reasonable compensation. We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or 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 neither we, nor our servants, agents or suppliers could have foreseen or forestalled. If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Copies of the relevant conventions are available on request. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to the sum of £100. Other than a set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday. 12. Air Travel Conditions of Carriage - Montreal Convention 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 £80,000, 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 of otherwise at fault. Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days of 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 £3,300. 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 £800. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to approximately £800. 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 complete a Property Irregularity Form at the airport and 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. 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. 13. Data Protection Policy To ensure that your holiday runs smoothly, we (and your travel agent, if you use one) need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. Information held by a travel agent is subject to that company's own data protection policy. We can supply a copy of your information held by us; there is a small charge for providing this. 14. Independent arrangements/excursions Any arrangements you make independently which do not form part of the tour are entirely at your own risk. Where you book any excursions or additional travel arrangements while on your holiday, we act only as your booking agent. 15. Transport timings 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. Carriers' conditions of carriage which will apply to you, have clauses which limit or exclude liability. We do not make any arrangements if there is a delay at the outbound or inbound point of departure. However, most airlines usually make provision in this case. 16. Travel Insurance Travel insurance is mandatory for all clients while on one of our tours. If you choose not to take the insurance scheme we offer, you are responsible for ensuring that you are in possession of travel insurance for the entire duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with cover/benefits equal to/greater than the insurance we offer. 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. Travel documents will not be issued unless you provide evidencing of the existence of your policy. 17. Passports and visas 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. 18. Health requirements 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. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death, 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 and anyone who has recently visited other countries, should check requirements with their general practitioner. 19. Special requests We endeavour to fulfill any special requests (e.g vegetarian meals) and will pass your request to our suppliers but do not guarantee that the request will be carried out. 20. Your contractual requirements Once a contract exists between us you agree to accept the authority and decisions of our employees, group leaders, agents and suppliers. If, in the opinion of any of these, your health or conduct appears likely to endanger the progress of a tour you may be excluded from the whole of, or a part of, the tour. In the case of ill-health we may make such arrangements as we deem necessary and recover the costs thereof from you. If you commit an illegal act we shall cease to have responsibility to or for you. 21. Alterations to booking conditions No employee or agent of The Adventure Company may vary these conditions or offer any refund or discount on the published price without the written consent of a director of The Adventure Company. 22. Notices All communications relating to this Agreement (in particular any requests to cancel or amend your holiday arrangements) must be from the Lead Name in writing and in English and delivered by hand or sent by recorded delivery post to the address specified herein (or such other address as may be notified to you from time to time). Any such communication shall take effect when a complete and legible copy of the communication has been received at the appropriate address. 23. Dates, itineraries & pricing Dates, itineraries and prices for trips may be subject to change at any time and with the publication of our 2008/09 brochure. Dates, itineraries and prices in this brochure supercede details published in any previous Worldwide or Adventure Collection brochure. Current dates and prices are listed on our website and will be provided at the time of enquiry. 24. IATA and ATOL Protection The Adventure Company is part of First Choice Holidays PLC. We are fully licensed and bonded as a tour operator and a member of the International Air Transport Association (IATA). We hold Air Travel Organisers License (ATOL) number 6352 issued and bonded with the Civil Aviation Authority (CAA) so the air holidays and flights in this brochure are ATOL protected. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid us for an advance booking. For further info visit the ATOL website at: www. atol.org.uk. We are members of the Federation of Tour Operators (FTO). 25. Contractual obligations These conditions were published on 16th March 2007 and apply to tours in The Prime Adventures brochure which are operated by Adventures Worldwide Ltd trading as The Adventure Company, Cross and Pillory House, 1 Cross and Pillory Lane, Alton, Hampshire, GU34 1HL, registered company number 1826936. Adventures Worldwide Ltd is a member of the First Choice Holidays PLC Group of Companies, of First Choice House, London Road, Crawley, West Sussex RH10 9GX. Your contract is with Adventures Worldwide Ltd trading as The Adventure Company. English law will govern this agreement and the English courts will deal with any disputes. If however you booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries. This brochure and its booking conditions will be superseded by any subsequent edition. 26. Brochure Photography Any likeness or image of you secured or taken on any of our holidays may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet. Tel 0845 450 5314 email: prime@adventurecompany.co.uk website: www.primeadventures.co.uk TWO Hold an option You can provisionally hold a place on a trip for up to three working days. Send your Booking Form and Payment Most of our clients book over the telephone or internet, whilst others send payment to us by mail. Whichever method you choose you must still complete the attached Booking Form and send it to us (or complete our online booking form). If you book more than 60 days (90 days for Expedition Cruises) before departure, please pay your deposit plus the full amount for insurance. If you book less than 60 days (90 days for Expedition Cruises) before departure, FULL payment must be made at time of booking ... we'll do the rest! THREE Book with Confidence We are fully licensed and bonded as a tour operator. We hold Air Travel Organisers Licence (ATOL) number 6352 issued and bonded with the Civil Aviation Authority (CAA). We are members of the Federation of Tour Operators (FTO). You can book with The Adventure Company in complete confidence that all monies paid to us for trips are fully protected. The Foreign and Commonwealth Travel Advice Unit may have issued information about the country you are planning to travel to. To make sure you have the most up-to-date advice about your chosen destination we advise you to check this information on the internet at www.fco.gov.uk/knowbeforeyougo or by telephone on 0870 6060290 58 Speak to our Travel Experts: 0845 450 5314