Your holiday booking is made subject to these booking terms. Please ensure that you have read and understood them before returning your completed booking form, All references within these booking terms to “we”, “us” or “our” means Spoilt For Choice Travel Limited ( registered company no 8203298 ). All references within these booking terms to “you” or “your” means all persons named on the booking forms and includes any persons added or substituted at a later date.
When you book any of our activity, fishing or safari holidays or when we create a bespoke holiday for you the holiday contract is between us and you. Please see section 2 below ( “How to Book” ) for details of how the contract is formed. The terms of the contract between us and you include these booking terms along with the information in the itineraries and any other information about your holiday or travel arrangements that we send to you. Please note that any variations to the terms of the contract ( including agreements to exclude any of the standard provisions in these booking terms or to provide you with a discount or refund ) will only be valid if we have confirmed them to you in writing.
We both agree that the contract between you and us will be made subject to English law and that any dispute, claim or other matter arising in respect of the Contract will be dealt with only by the courts of England and Wales.
Most of the holidays that we sell are holidays that we arrange and provide as the tour operator but from time to time we may agree to book you onto a holiday which is arranged and provided by another tour operator. When we book you onto a holiday offered by another tour operator we are acting as your travel agent and the holiday contract will be formed directly between you and that other tour operator and will be subject to that other tour operator’s booking terms.
Please carefully review the itinerary that we have provided to ensure that it accurately records the details of the holiday that you wish to book. Please advise us if there are any inaccuracies so that we can provide a new itinerary and send it out to you. Once you are satisfied with the itinerary please complete the booking form provided and return it to us along with a cheque to cover the deposit sum as specified in the itinerary. If you would prefer to make payment by bank transfer please arrange to transfer the deposit monies into our Barclays bank account using account number 43382273 and sort code 20-72-91. If your departure date is less than 10 weeks after the date on which you return the booking form we will require payment of the full cost of the holiday in place of the deposit. You may return the signed booking form in hard copy or by fax or e-mail.
By sending in the signed booking form and deposit ( or full payment if applicable ) you are making an offer to enter a binding contract with us and are confirming the following:
Once we receive your booking form and deposit we will issue a confirmation invoice at which point your offer to enter into a binding contract with us will be accepted and the contract will come into existence. Please note that acceptance of your offer is entirely at our discretion. We will contact our suppliers to request your flights and accommodation only once the contract between us and you has come into existence.
We use our best endeavours to ensure that any material we publish or send out is accurate as at the date it was prepared. However, if we discover any errors or inaccuracies in any published brochure or itinerary or other material provided to you including any pricing errors we are entitled to correct them at any time before the contact between us and you comes into existence without any liability and we will notify you of any such change.
You must check the itinerary carefully and inform us before returning your booking form if you notice any errors or inaccuracies in order that we can correct them. Please note that this may affect the cost of your holiday. If you do not advise us of any corrections required before the contract between us and you is formed it may not be possible for corrections to be made at a later date or you may incur additional charges as a result of changes being made ( please see section 8 ( Changes Made by You after Booking ) below ).
4. ESTIMATED PRICES
There may be some circumstances in which you wish to book a holiday with us before we are able to confirm the final price of your holiday, such as when our suppliers have not yet released prices for the dates on which you wish to travel. Where this happens we will use estimated prices in the itinerary and this will be clearly marked. We may still accept a booking from you and a deposit ( calculated on the estimated price ) and issue you with a confirmation invoice so that a contract is formed between us and you. We will issue you with a revised confirmation invoice as soon as we are in a position to confirm the final price. In the event that the final price is no more than 10% higher than our original estimated price you agree to be bound by it.
If the final price is more than 10% above our original estimated price we will allow you a period of 14 days after receiving the confirmation of the final price during which you may cancel the contract and we will refund your deposit and any balance payment made to you. If you cancel after this 10 day period has expired the usual cancellation charges as set out in section 13 ( Cancellation by You ) will apply.
When we accept a booking based on an estimated price we will not book any element of your holiday with our suppliers until we have been able to confirm the final price of the full holiday to you unless you specifically instruct us to do so or if by failing to book in advance of confirming the final price a booking deadline would be missed. Should you subsequently cancel your holiday booking because the final price is more than 10% higher than our original estimated price you will remain liable for payment of any element of the holiday that has already been booked for you if we are unable to secure a refund from the supplier.
5. HOW WE WILL CONTACT YOU
We may contact you by using any details that you provide to us, including by post, e-mail, fax or telephone. If you would prefer us to use a particular method to contact you please ensure that you advise us of this. Unless you request otherwise, most of our contact with you will be by e-mail so please ensure that you check your e-mail regularly. On some occasions it will be necessary for us to send you documents ( such as tickets ) by post and it is your responsibility to ensure that you advise us if you wish us to make any special arrangements for this e.g. sending tickets to work address rather than the home address given on the booking form.
Anything that has to be done in writing under these booking terms can be sent by e-mail or fax instead of being sent by post.
6. HOW TO CONTACT US
If you wish to contact us you may do so by e-mail at firstname.lastname@example.org or by telephone on 01708 629991 / 07584 253232 or by post to 39 Sackville Road, Hove, East Sussex, BN3 3WD or via our website www.sfctravel.com
7. PAYMENT FOR YOUR HOLIDAY
You must make all payments by the dates specified in the itinerary. Some holidays may require multiple payments towards the full balance to be paid and you must make sure that you make all the payments by the correct date shown on the itinerary. If you request any changes to your holiday after booking additional payments may become due in which case we will advise you of the amount required and the date by which it must be paid when you make the change to your booking. If you do not make any payment by the date specified we will be entitled to consider this as a cancellation of your holiday and the provisions of section 13 ( Cancellation by You ) will apply.
Payments may be made by cheque or bank transfer. If you wish to pay by bank transfer to our Barclays bank account please use account number 43382273 and sort code 20-72-91 and quote your invoice number as a reference.
Please note that payments must be received in full, cleared funds by the due date so you need to ensure that you make the bank transfer or provide us with a cheque in sufficient time for all monies to clear into our account. We advise that cheques are provided to us no later than 7 days before the due date and bank transfers made 5 days before the due date to allow adequate time for the funds to clear.
We guarantee that up until 30 days before your departure date the price of your holiday will not be subject to surcharges excepting for :
(a) Variations in transportation costs, including the cost of fuel
(b) Variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports
We will not impose any surcharges less than 30 days prior to your departure date.
Should the above mentioned price variations be downwards then the price of your holiday will be accordingly reduced and any refund due paid to you.
If the above price variations mean that the cost of your holiday goes up, we will absorb this and you will not be charged for any increase equal up to 2%on your holiday price. You will only have to pay the amount over and above that 2% of the holiday price.
9. CHANGES MADE BY YOU AFTER BOOKING
Once we have accepted your booking by issuing your confirmation invoice any request to change any detail of your booking must be submitted to us in writing. Whilst we will try to accommodate your request we cannot guarantee that we will be able to do so and other than booking transfers ( please see section 10 ( Transfer of Bookings to Another Traveller ) below ) cannot accept any change requests made within 28 days of your travel date.
In the event that we are able to accommodate a request to change a booking the following charges will apply:
If a change results in the price of your holiday decreasing we will reduce the final balance payment due accordingly. If you have already paid the full balance we will refund you the difference unless we have already booked the element that you wish to change and are unable to secure a refund from our supplier.
10. TRANSFER OF BOOKINGS TO ANOTHER TRAVELLER
If a person listed on the booking form is unable to travel due to serious illness, the death of a close relative, jury service or another reason which we in our sole discretion consider reasonable, we may consent to that person’s booking being transferred to another person nominated by you. All details of the holiday will remain as originally booked and the requested transfer will only be accepted if all of the following conditions are satisfied;
Please note that most airlines will consider a request to change a passenger name a cancellation and rebooking and that in such cases you will be responsible for paying both the original flight and the replacement flight in full.
11. CHANGES MADE BY US AFTER YOU BOOK
Whilst we will do our best to operate your holiday in accordance with the details set out in your itinerary it does on occasion become necessary to make changes after we have accepted your booking. This may occur because we identify errors or inaccuracies in the itinerary or other material issued to you or because a supplier with which we have booked an element of your holiday changes or withdraws their service. Occasionally it may happen for reasons of “force majeure” such as war or adverse weather conditions in which case the provisions of section 14 ( Force Majeure ) will apply instead of the provisions below.
We will classify any change to your holiday as either a minor change or a significant change. A significant change means any change that occurs before your departure which we reasonably expect to have a significant effect on your holiday. Examples of significant changes are a change of accommodation to that of a lower rating, an international flight time which is changed by more than 12 hours or a major itinerary re-routing. Wherever possible we will advise you of a significant change prior to your departure and you may choose any of the following alternatives:
In the case of a significant change we will always, regardless of which of the three options above you select, make a minimum compensation payment to you calculated as follows:
Time to Departure Compensation ( per person )
More than 60 days £NIL
60 – 42 days £20
41 – 28 days £30
27 – 15 days £40
14 – 0 days £50
For the avoidance of any doubt we would ask you to note that:
We cannot meet any additional costs such as visa, vaccination or connecting transport costs that you may incur as a result of a change
12. YOUR RIGHTS IF WE CANNOT PROVIDE THE HOLIDAY SERVICES AFTER DEPARTURE
If after departure we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our very best to make suitable alternative arrangements. If we cannot do so or you refuse to accept these for good reasons, we will arrange to fly you back to your UK departure airport (if the arrangements we agreed to provide included flights) or to transport you to the point our contracted services commenced (if elsewhere than your hotel) as soon as we reasonably can.
13. CANCELLATION BY YOU
If you wish to cancel your holiday you must do so in writing. You will be deemed to have cancelled the holiday on the day on which we receive your written notification of cancellation. You will be charged a cancellation fee which will be calculated as a percentage of the cost of your holiday. The cost of any administration charges in the event of changes to your booking or insurance premiums will not be taken into account when the cancellation charge is calculated. In the event that you originally booked a more expensive holiday and then changed the booking to a cheaper holiday we may calculate the cancellation fee as a percentage of the cost of the original, more expensive holiday. If we book any part of your holiday with a supplier who imposes higher or different cancellation charges we may vary how the cancellation charge is calculated in which case details of this will be included in your itinerary. Unless otherwise stated the cancellation charges will be calculated as follows:
Time to Departure Cancellation Charge
More than 60 days Deposit forfeited
60 – 42 days 30% of total holiday cost
41 – 28 days 60% of total holiday cost
27 – 7 days 90% of total holiday cost
6 or less 100% of total holiday cost
Administration costs arising if you change your booking and insurance premiums are not refundable in the event of cancellation.
We strongly recommend that you take out a comprehensive insurance policy with cancellation protection as this may enable you to recover any cancellation charges. See section 23 (Insurance) below.
14. CANCELLATION BY US
We reserve the right to cancel your holiday for any reason and at any time though we agree that we will only cancel 60 days or less prior to your travel date in the event of force majeure (see section 15 (Force Majeure) below) or if you fail to make a payment due to us by the due date for payment. In the event that we cancel your holiday for reasons other than your failure to pay you may choose from the following options:
(a) Booking an alternative holiday with us (including paying any additional sums due in the event that the alternative holiday that you choose is so superior to the original holiday that it is not considered equivalent to the original holiday or receiving a refund of the difference in price if the alternative holiday that you choose is cheaper than your original holiday)
(b) Accepting a full refund of all monies paid for the holiday
Except in the following circumstances we will also pay you compensation calculated in accordance with section 10 (Changes Made by Us After you Book) above in the event that we cancel your holiday:
(a) Cancellation is due to force majeure (see section 15 (Force Majeure) below)
(b) Cancellation is due to failure by you to comply with any provision of these booking terms
Please note that we cannot meet any additional costs that you may have incurred in relation to your booking such as visa or vaccination costs or that you incur as a result of cancellation (such as flight or other travel costs as you are advised to only book fully flexible flights and travel).
15. FORCE MAJEURE
Except as otherwise expressly stated in these booking terms we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations is prevented or affected by, or you otherwise suffer any loss, damage or expense of any type as a result of, a force majeure event. For the purpose of these booking terms a force majeure event means any event which we or the supplier of the services could not, even with all due care, foresee or avoid. Force majeure events may include (but are not limited to) actual or threatened war, riot, civil unrest, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire or similar events outside of our control or the control of our suppliers.
16. OUR RESPONSIBILITIES TO YOU
We undertake to ensure that each element of the holiday which we have agreed to provide to you is provided using reasonable skill and care. As such, subject to any limitations or exclusions set out in these booking terms, we accept responsibility if, as a result of our failure or the failure of our suppliers to use reasonable care and skill in providing your holiday:
(a) You suffer death or personal injury
(b) Any part of your holiday is not provided substantially in accordance with the itinerary or is deficient in any way
Please note that if you wish to bring a claim against us it will be for you to demonstrate that we or our suppliers failed to use reasonable care and skill and that we will only be responsible for acts of our employees or suppliers undertaken when acting in the course of their employment (in the case of employees) or in accordance with our instructions (in the case of suppliers).
We have no responsibility and accept no liability for any injury, illness, death, loss (e.g. of enjoyment), damage, expense, cost or other claim of any nature which results from:
(a) Your own acts or omissions or the acts or omission of any member of your party
(b) The acts or omissions of any third party not connected with the provision of your holiday and which were unforeseeable or unavoidable by us
(c) Any force majeure event (see section 15 (Force Majeure) above)
We are not responsible for any additional services or optional excursions which are not arranged by us as part of your holiday. Please refer to section 20 (Optional Excursions and Activities) below.
If you make a complaint about the standard of our services we will decide whether or not your complaint is valid based on the laws and regulations which apply in the country in which those services were provided and not by reference to any laws and regulations which may apply in the UK.. Before deciding to make a complaint please bear in mind that the laws and regulations applying in many countries are lower than those which apply in the UK. Please not that there is an exception to this rule where the absence of a safety feature may lead a reasonable holiday maker to refuse to take part in the relevant activity or holiday.
Nothing in this section should be taken as a representation that all services will apply with the local laws and regulations in the place where they are provided.
Subject to the remainder of this section, our liability in respect of any claims that you may make against us is limited to:
(a) £500 per person in the case of loss or damage to personal property
(b) Twice the cost of the your holiday (excluding insurance costs and administrative fees incurred for changes)
In the event of a claim arising from travel arrangements whether by air, sea, land, rail or road, including claims arising from harm caused during boarding or alighting from any mode of transport) our liability will not exceed the amount that would be payable by the carrier itself under any international convention or regulation that applies to that mode of transport. The relevant conventions and regulations include (but are not limited to) the Warsaw Convention 1929, the Montreal Convention 1999, the EC Regulation on Air Carrier Liability 889/2002, the Athens Convention 1974 and the Convention on International Travel by Rail. If no payment would be due from the carrier under the relevant convention or regulation then no payment will be payable by us. If you make a claim and have received or are entitled to receive any payment from a carrier in respect of any part of your claim we will not make any payment in respect of that part of your claim. If you have not made a claim you agree that you will transfer all such rights to pursue a claim to us in the event that we agree to make any payment to you.
Please note that we cannot accept any liability for any loss or damage of any description which, on the basis of the information you gave us prior to our accepting your booking, we could not have foreseen you would suffer if we breached the contract with you or which does not arise as a result of our breach of the contract with you or which is not the fault of us or our employees, or suppliers. We cannot accept liability for any business losses, including loss of earnings by a self employed individual.
If you wish to make a claim you must ensure that you have complied with our complaints procedure (see section 17 (How to Make a Complaint) below) and that you fully co-operate with us and our insurers as we may reasonably request.
Nothing above is intended to restrict liability for personal injury or death arising from our negligence or the negligence of our employees, agents or contractors.
17. YOUR RESPONSIBILITIES TO US
You agree that for the duration of the holiday you will accept the authority and decisions of us, our employees and suppliers as well as any other person in a position of authority such as an airline pilot or hotel manager. If any such person considers that your health or conduct is causing a danger either to yourself or to others or is interfering with any third party’s enjoyment of their holiday with us we may exclude you from all or part of the holiday without refund or compensation. If you are excluded from the rest of the holiday we will have no further obligations towards you, including in relation to your return travel arrangements and we will not meet any costs or expenses that you incur as a result of the exclusion. No refund will be due to you in respect of any part of your holiday which is missed.
You agree that you will provide us with all information that we may reasonably require in advising you as to whether a particular holiday is suitable for you and in booking and providing your chosen holiday. You shall ensure that you provide us with full and accurate details of any health or other personal issues which may affect your ability to participate in and enjoy your holiday no later than the date on which you return your booking confirmation or, if not known at the date on which you return your booking confirmation, as soon as reasonably possible.
If you are asked to leave the holiday on health grounds we may make such arrangements for you as we consider necessary and recover the cost of those arrangements from you. No refund will be due to you in respect of any part of your holiday which is missed.
If you cause any damage to property or cause any loss to a third party including to one of our suppliers you are responsible for compensating that third party for the loss or damage that you have caused. Where this concerns damages to the property of one of our supplies you agree to pay compensation based on the estimated loss or damage immediately and you will either receive a refund or be required to make a further payment to reflect the true cost of the loss or damage once this has been assessed.
18. HOW TO MAKE A COMPLAINT
If you have a complaint whilst you are away you must inform both the supplier and our local representative immediately in order that we have a chance to put things right. If we are unable to resolve the situation whilst you are on holiday, please notify us of your complaint within 28 days of your return.
19. BUILDING AND DEVELOPMENT
We will endeavour to advise you if we are aware that any building or development work is taking place in any hotel or resort which features on your itinerary. However, as we are not always advised of building work by our suppliers in advance we cannot guarantee that we will be able to do so. Where we are able to advise of the fact that building work is in progress, we may not be able to accurately assess how this may impact upon your particular accommodation or reservation.
20. OPTIONAL EXCURSIONS AND ACTIVITIES
If you book any optional activities or excursions before or during your holiday which do not appear on your itinerary and are not run, controlled or supervised in any way by us but are provided by local operators or other providers this does not form part of your contract with us, even if we have provided you with information or recommendations. If we handle any payment for such excursion or activity we do so solely as the booking agent of the supplier and the excursion or activity shall be provided subject to the providers own terms and conditions. We cannot accept any liability in respect of such excursions or activities other than in the event of personal injury or death resulting from our own negligence or from the negligence of our employees.
21. CONSUMER PROTECTION – ATOL
We hold an Air Travel Organiser’s License (ATOL) issued by the Civil Aviation Authority. ATOL number 10827.
Your Financial Protection
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.
22. PASSPORTS, VISAS AND VACCINATIONS
If you will require a passport, visa or any vaccinations for your holiday details of this will be included in your itinerary. It is your responsibility to ensure that you obtain the relevant paperwork and visas. Failure to do so may result in your being denied boarding of transport or entry into a country. We do not accept any liability if you fail to produce when requested your passport or a visa or proof that you have had any required vaccinations.
We do not accept bookings if you do not have appropriate insurance cover in place. Ensuring that you have appropriate cover in pace for the full duration of your holiday is your own responsibility. We strongly recommend that any insurance cover that you secure providers cover for medical expenses, injury, death, repatriation, cancelation and curtailment.
24. TRAVEL DELAYS
We regret that we are not able to offer you any assistance or compensation in the event that any flight from your UK or overseas point of departure is delayed or cancelled or if your flight is downgraded by the airline or you are denied boarding and that no refund, partial refund or compensation is payable by us should this result in lost holiday time or impact upon onward travel arrangements. In the event that you are affected by delayed or cancelled flights or are downgraded or denied boarding, EC Regulation 261/2004 – Denied Boarding Regulations 2004 will apply. You should make a claim under the Regulations directly against your airline for compensation in the event of delay, cancellation, downgrading of seats or denial of boarding to cover any disappointment, distress, inconvenience or effect on other arrangements that you may suffer. Any payment you receive from the airline will be the only compensation available to you. You should also note that entitlement to cancel a flight does not automatically entitle you to cancel other arrangements that have been made in conjunction with the flight. If your airline does not comply with the Regulation you should complain to the Civil Aviation Authority by calling 02074536888 or e-mailing email@example.com (see www.caa.co.uk).
25. DATA PROTECTION AND PRIVACY
When you make an enquiry or book a holiday with us we will collect personal information about you which may include your name, contact details and credit card information, information concerning your personal documents such as passport numbers and details regarding your religion and health. We will use this information in order to answer your enquiry or to provide you with the holiday that you have booked with us. In order to provide your holiday it will be necessary for us to share your personal information with our agents, representatives and suppliers, which may involve sending information about you outside the UK and the European Economic Area. Because it is necessary for us to do this in order to fulfil our contractual obligations to you, you are deemed to have given your express consent to such sharing of information.
If at any time you wish to confirm exactly what information we hold about you, you can write to us to request this. To cover our administration fees a charge of £10 will be payable. We will send you details of the information we hold within 40 days of having received your written request and payment.
We may also use your personal information to contact you to let you know about details of offers or services that we believe may interest you. If you would prefer us not to send you such information you can write to us at any time to ask us to stop and we will ensure that your details are removed from our marketing databases within 28 days of receiving your request. We will not disclose your personal information to any other company for marketing purposes.
We are notified as a data controller under the Data Protection Act under reference TBN application currently in progress. If you would like to see a copy of our notification or find out more about your rights under the Act please go to www.ico.gov.uk.