Travel Booking Conditions
These booking conditions will form part of your contract with Bush Baby Travel Limited (registered office Bealeswood Cottage, Bealeswood Lane, Dockenfield GU10 4HS and registered company number 05061401) for all the arrangements you book with us. Please note that the conditions vary slightly dependent on whether you book a ‘package’ or ‘other holiday arrangements’. A package is a combination of transport and accommodation booked at the same time and for which full payment is made to us. Anything else, including accommodation and transport booked at separate times and not at an inclusive price, constitutes ‘other holiday arrangements’ which we make for you as a booking agent for the supplier of accommodation or transport in question. Your contract in these circumstances will be with the relevant supplier.
Once you have chosen your holiday, please complete the booking form and send it to us with a deposit of 20% of the holiday cost. The deposit may be higher if you are taking advantage of a special offer or if your flight requires immediate payment of the full flight cost. We will notify you at the time of booking if this applies along with the amount of deposit that is required to secure the booking. If you book within ten weeks before departure, you must send us the full cost of your holiday. Please note that if you subsequently cancel, you will incur the cancellation charges set out in the Amendments & Cancellation clause below. It is a condition of booking that you obtain travel insurance at the time the deposit is paid as per the Insurance clause below.
If you have any special requests, you should inform us of such requests at the time of booking on the booking form. We will advise the relevant supplier of any such requests but we cannot guarantee that they will be met. Furthermore, we have no liability to you if such requests are not met.
If the holiday you have requested is available, we will send you a confirmation invoice. A binding contract will come into force between us at the time we send out our confirmation invoice, and until then we shall be under no liability to you whatsoever. Your contract with us and any matters arising from it shall be subject to English law and to the jurisdiction of the Courts of England and Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland can deal with any disputes. If we are unable to accept your booking we shall return your deposit within 7 days.
You may pay for your holiday by cheque, debit or credit card. Please note that credit card payments will incur a non-refundable charge of 2%. There is no charge for debit card payments. You must pay the balance of the cost of your holiday as set out on our confirmation invoice not later than ten weeks before your departure date. We will not send out any reminders in relation to payment. Failure to pay the balance by the specified time will result in the cancellation of your holiday, and we will then charge you the relevant cancellation charge as set out in the Amendments and Cancellation clause below.
AMENDMENTS & CANCELLATION
Amendments by you: If you wish to make any change to your holiday arrangements, we will do our best to accommodate you. Any change is subject to availability, and also to payment of an administration fee of £50 per person and any associated costs of the change imposed by our suppliers. You should note that airlines in particular may treat a change to a booking as a cancellation and new booking, and therefore charge a 100% cancellation fee. You may also transfer your booking up to 30 days before departure to another person if you are unavoidably prevented from travelling, and the transferee meets any conditions which may apply to the booking. The transferor and the transferee will be jointly and severally liable for the terms of this contract. The right to transfer is subject to payment of an administration fee of £50 per person, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the holiday. Please note that flights are non-refundable and non-transferable.
Cancellation by you: Should you wish to cancel your holiday, you may do so by writing to us, but no cancellation will be effective until such written notice is received by us. Written notice will include notice by letter, email or facsimile. If you cancel, you will be liable to pay the following cancellation charges, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the holiday:
Period before departure date in
which cancellation made
More than 60 days Deposit
0-60 days inclusive 100% of holiday price
Please note that you may be able to claim these charges from your insurer if the reason for your cancellation is covered under the terms of your insurance policy.
Amendments/Cancellation by us:
We reserve the right to make changes to your holiday arrangements after we have confirmed your booking. Any change we make to your holiday will be either major or minor. A major change includes a change of UK departure airport (not including between airports in London), a change of flight time by more than 18 hours, or a change to a lower category of accommodation. Any other change is a minor change. If there is a minor change, we will do our best to notify you of this, but we are not under any obligation to do so or to pay you compensation. If there is a major change, we will advise you as soon as is reasonably possible. You will then have the choice of accepting the change, taking an alternative holiday (and where this is of a lower price, we will refund the difference, but where it is of a higher price, you must pay the difference), or withdrawing from the contract and accepting a full refund of all monies paid, excluding any amendment charges. In addition, in appropriate cases, (on the assumption that the full balance has been paid) we will pay you compensation on the scale shown below. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure as defined in the Circumstances beyond our control clause below.
If we have to cancel your holiday before the date of departure, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference, but where this is of a higher price, you must pay the difference) or withdrawing from the contract and accepting a full refund of all monies paid, excluding any amendment charges. In addition, on the assumption that the full balance has been paid and where such cancellation is not due to force majeure (as defined in the Circumstances beyond our control clause below ), we will pay you compensation on the scale shown below.
Period before departure date within which
major change/cancellation is notified Compensation per person
• More than 56 days Nil
• 56-43 days £10
• 42-29 days £20
• 28-15 days £30
• 14-8 days £40
• 7-0 days £50
For children under 12, compensation payments are half the amounts set out above.
In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you to continue your holiday 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. 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 (as defined in the Circumstances beyond our control clause below).
“Other holiday arrangements”
In the unlikely event that the relevant supplier has to make any change to other holiday arrangements, we will try to tell you before you go, although the relevant supplier is not obliged to do so, nor are we obliged to compensate you. If we are obliged to cancel your booking for other holiday arrangements we will try to ensure that you receive a full and prompt refund.
CIRCUMSTANCES BEYOND OUR CONTROL
Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could foresee or avoid, even after taking all reasonable care. Examples of this include, but are not limited to, war or threat of war, riots, civil strife, terrorist activity or the threat of terrorist activity, biological warfare, industrial disputes, mechanical failure, natural or nuclear disaster, volcanic eruption, illness and disease (for example Swine Flu, Avian Flu or SARS), fire or adverse weather conditions, airport closure, level of water in rivers, changes in Foreign Office advice on suitability of travel to a destination or other similar events beyond our control. Except as otherwise stated in these conditions, we will not pay compensation, cover any loss or expense or accept responsibility if we have to change or cancel your booking for force majeure reasons. Please ensure that you have comprehensive travel insurance as per the Insurance clause below to cover these events.
“Packages”: No surcharges will be applied within 30 days of departure. The price of your travel arrangements is subject to surcharges for increases in transportation costs such as fuel charges, the cost of dues and taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, government action such as increases in VAT or any other government imposed increases, and currency in relation to adverse exchange rates. Even in this case we will absorb or retain an amount equivalent to 2% of the holiday price excluding amendment charges. Only amounts in excess of 2% will be surcharged or reimbursed and if this means paying more than 10% of the holiday price you will have the option of accepting a change to another holiday (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or cancel your holiday with a full refund of all money paid to us except for any amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days of the date of the invoice. Where a surcharge or refund is payable, there will be an administration fee of £1 per person. Please note that travel arrangements for your holiday are not always purchased in local currency and some apparent changes have no impact on the price of your travel.
Some airlines may apply a surcharge after a booking has been confirmed. This surcharge can be avoided by paying the full cost of the flight as soon as the airline or their agent notifies us of the surcharge. In this event, we will give you the option to increase your non-refundable deposit to avoid the surcharge or to apply the surcharge in accordance with this clause.
“Other holiday arrangements”: The suppliers of other arrangements may impose surcharges and these will be passed on to the client in full.
(i) 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.
(ii) For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (iv) and (v) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any amendment charges), a refund of any directly attributable expenses, and a daily sum of £48 per person. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) 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 subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation.
(iv) We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except 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.
(v) 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 COTIF Convention concerning International Carriage by Rail 1980 (as amended); 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. 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.
(vi) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, we will not consider your claim until such time as you have made a complete assignment to us of any rights you have against the carrier.
(vii) 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 a sum of £100.
(viii) You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
(ix) 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, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
“Other holiday arrangements”
Because we only act as a booking agent we have no liability whatsoever for any aspect of the arrangements and, in particular, have no liability for any death, personal injury or loss of whatever nature you may suffer.
Passport and visa requirements and health requirements and formalities for the destinations featured, and which are current at the time of going to press, can be found on our website athttp://bushbaby.travel/planning/practicalities, but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen country. If you do not obtain a visa, where this is required, or your passport or any other travel documentation is not in order and you are unable to travel as a result, you will be liable to pay the cancellation charges set out in Amendments and Cancellation clause. Furthermore, we will not accept any responsibility or refund any money in cases where you are unable to travel because of an invalid or mislaid visa or passport. Non British citizens should check with their embassy or consulate to obtain details of the relevant requirements.
The Foreign and Commonwealth Travel Advice Office issues travel advice, which is regularly updated, and which relates to political, economic and other circumstances prevailing in countries throughout the world. If you want any such advice, you should contact them. Their telephone number is 020 7008 1500, and details are also available and at www.fco.gov.uk .
Sources of information about health requirements include the Department of Health’s free leaflet Health Advice for Travellers, which is available at www.dh.gov.uk .
We reserve the right in our absolute discretion to terminate your holiday if your behaviour is likely, in our opinion or that of our employees or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling on an aeroplane because in the opinion of any person in authority at the airport, you appear for whatever reason unfit to travel, we have no further responsibility for your journey or your holiday, including any return flight. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.
ACCEPTANCE OF RISK
There may be an element of personal risk attached to the holiday and the activities that you have booked. In accepting these conditions, you consent to these risks. Please take particular care when travelling with children. For example, do not leave children unattended at any time around open water or during excursions and activities. If you suffer from any pre-existing injuries that may affect your ability to undertake an activity, please consult your doctor and notify your insurers before you travel.
We cannot guarantee that the weather conditions will be suitable for outdoor activities or excursions and we shall not be held responsible for any loss, delay or costs whatsoever connected with adverse weather conditions.
AIRLINES AND OTHER SUPPLIERS
Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and may also exclude our liability to you. They are often also subject to various international conventions. Where there is a conflict between our suppliers’ conditions and our conditions, the suppliers’ conditions will take precedence unless any clause is invalid or unenforceable in which case our conditions will take precedence. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
Inbound and outbound flight times are provided by airlines and are subject to change because of such matters as air traffic control restrictions, adverse weather conditions and technical and mechanical problems. Flight timings are therefore estimates only and cannot be guaranteed. We will not be liable if a flight is delayed. In the event of a delay, airlines generally provide such refreshments, meals and accommodation as they deem appropriate. In addition, you may be entitled to claim under your travel insurance policy.
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions.
Please note that we do not provide excursions. Our local representatives may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally, whether or not through our representative, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.
We reserve the right to change any of the prices, services or other particulars contained in our website and brochure at any time before we enter into a contract with you. If there is any change, we will notify you before we enter into such contract. It should be noted that destination information is for guidance purposes only and that the photographs printed in the brochure and on the website are used to give an impression of the accommodation and services offered.
INSURANCEAs a condition of booking your travel arrangements with us, you are required to purchase comprehensive travel insurance at the time the deposit is paid. This policy must cover as a minimum pre and post departure delay and cancellation, including for force majeure reasons (as defined in the Circumstances beyond our control clause above) and cover for the entire duration of your trip including 24 hour emergency medical cover with a repatriation service. If you intend to undertake activities or excursions during your holiday and these are not covered by your standard policy, please ensure that you purchase additional cover for these.
Please disclose any relevant information including pre-existing injury or condition to the insurer at the time of purchase of your policy.
We cannot be held responsible or liable in any way for customers who fail to take out comprehensive travel insurance. Please note that insurance provided by credit card companies and banks often has limited cover. Please check at the time of booking that the cover provided by such a policy complies with this condition.
The air holidays and flights in our brochure and on our website are ATOL Protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 9655. 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 to us for an advance booking. Please note that ATOL protection does not cover the event of airline insolvency. For further information, visit the ATOL website at www.atol.org.uk. The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution we pay to the CAA. This charge is included in our advertised prices.
If we or the other suppliers identified on your ATOL certificate are unable to provide the services listed (or 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.
For holidays that do not include flights, an insurance policy has been arranged with Travel & General Insurance Company plc, authorised and regulated by the Financial Services Authority, to protect customers’ prepayments in the unlikely event of our financial failure and paid in respect of:
• non-flight inclusive packages commencing and returning to the UK
• the ground handling aspects of packages where the customer is responsible for arranging travel to the destination offered on this website (subject to the terms of the insurance policy), for:
• a refund of such prepayments if customers have not yet travelled, or
• making arrangements to enable the holiday to continue if customers have already travelled
Customers’ prepayments are protected by a topp policy. In the unlikely event of financial failure please contact the claims helpline on 0870 0137 965. A copy of the policy is available on request.
IF YOU HAVE A PROBLEM
If you are in any way dissatisfied with any aspect of your holiday, you must notify our local representative or supplier as soon as possible. The reason that we require you to do this is to give us and our suppliers an opportunity to resolve any problems before they spoil your holiday. If you are ill whilst on holiday, you must, in addition to reporting your illness to our representative, consult a local doctor and also consult your GP on return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both those doctors. If you have a complaint about a scheduled airline, we will act as a liaison between you and the airline. If you wish to make a claim against the airline, you must contact the airline direct. If you think that you are entitled to compensation from us, you must write to us at Bealeswood Cottage, Bealeswood Lane, Dockenfield, Surrey GU10 4HS outlining the nature of the complaint within 90 days of your return from holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either us or any relevant supplier.
Any dispute arising out of, or in connection with, the sale of a holiday from us, which is not amicably settled, may be referred to arbitration under the Travel Industry Arbitration Service’s special scheme. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability to the client in respect of costs. The scheme does not apply to claims for an amount greater than £2,500 per person or £10,000 per booking form or to claims that are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Details of the scheme will be supplied on request.
We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers that might be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you.