These booking conditions only apply to tour arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you and which constitute a package for the purposes of the ”The Package Travel and Linked Travel Arrangements of 2018”. All references in these booking conditions to “booking”, “contract”, “package”,” tour” or “arrangements” mean such tour arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted later) or any of them as the context requires. “We”, “us” and “our” means CGT Battlefields Ltd, trading as CGT Tours.
1. Making your booking
By making a booking the first named person on the booking (“party leader”) agrees that he/she is over the age of 18 at the time of booking and agrees on behalf of himself/herself and all persons detailed on the booking, and by their parent or guardian for all party members who are under 18 when the booking is made, that he/she:
a. has read these booking conditions and has the authority to and does agree to be bound by them.
c. is resident in the UK and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
d. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Subject to the availability of your chosen arrangements, we will confirm your tour based upon our price quote by issuing a confirmation invoice. A binding contract will come into existence between you and us as soon as we have issued you with the confirmation invoice, which will be sent to the party leader or your travel agent. See further ‘Your Contract’ in paragraph 3 below. We reserve the right to return your deposit and decline to issue a booking confirmation or confirmation invoice at our absolute discretion. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). Note that where this error is attributable to you, we will need to pass on the costs of such amendments. Where the error relates to an airline ticket, most airlines do not permit name changes after tickets have been issued for any reason so these charges are likely to be the full cost of a new ticket.
We will communicate with you by e-mail in relation to your booking. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to email@example.com.
To confirm your chosen tour, a deposit payment (or full payment if booking within eight weeks of departure) must be made at the time of booking. The amount of the deposit is variable and will be stated in your quote. Your deposit may include the full cost of your flight where your airline requires full payment at the time of booking.
The balance of the tour cost must be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 below will become payable. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 9 depending on the date we reasonably treat your booking as cancelled.
The price of your chosen tour is based upon a minimum number of travellers within your group. We will clearly inform you of the minimum number at the time of booking. Should one or more member of a party cancel, or if any new members join, it may affect the per person holiday price of those still travelling and you will be liable to pay this increase.
Please note that a charge of 2% will be added to any payment being made by commercial credit card or GPC/EPC card.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is always held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. For any bookings which are not covered by our ATOL, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us.
3. Your contract
A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader or your travel agent. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether involving any personal injury) must be dealt with under the ABTA Alternative Dispute Resolution process (if the process is available for the claim in question and you wish to use it – see clause 15) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The cost of your tour
Please note, changes and errors occasionally occur.
The prices shown in your quote were calculated at the time of the quote based on the then known costs and exchange rates as shown in the Financial Times Guide to World Currencies on that date.
We reserve the right to make changes to and correct errors in advertised prices and correct errors in the prices of confirmed tours.
Once the price of your chosen tour has been confirmed at the time of booking then, subject to the correction of errors, we will only increase or decrease the price in the following circumstances. We reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources.
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your tour (excluding amendment charges) will we levy a surcharge. We will only levy a surcharge in respect of the amount by which any increase in our costs exceeds 2% of this total tour cost. If any surcharge is greater than 8% of the cost of your tour (excluding any insurance premiums and any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your surcharge invoice. If you do not tell us that you wish to choose an alternative option within this period, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the tour or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We will consider an appropriate refund of insurance premiums paid to us if you choose to accept a refund and can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £15. However, please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your tour due to contractual and other protection in place.
We promise not to levy a surcharge within 20 days of departure. No refund will be payable during this period either.
5. Special requests, medical conditions (including any Covid-19 related issues or conditions) and disabilities
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e., any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical condition or disability which may affect your tour or has any special requirements because of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and in writing whenever any change in the condition or disability occurs. You must also promptly advise us in writing if any medical condition or disability which may affect your tour develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the needs of the person concerned, we reserve the right to decline their reservation or, if full details are not given at the time of booking or the medical condition / disability develops after booking, cancel and impose applicable cancellation charges when we become aware of these details. See also clause 19 below – ‘Health Requirements’
6. Cutting your holiday short (for non ‘Force Majeure’ reasons)
If you are forced to return home early due to circumstances unrelated to the provision of the arrangements and services under your contract with us, neither we nor our suppliers can refund the cost of any of the arrangements or services you have not used. If you cut short your holiday and return home early in circumstances that are related to the provision of the arrangements and services under your contract with us, but in our view, you have no reasonable cause for complaint about the standard of such arrangements or the services provided, neither we nor our suppliers can offer you any refund for the arrangements and/or services not used or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. Cutting your holiday short (for ‘Force Majeure’ reasons)
Very rarely, we may be forced by “force majeure” (see clause 12) to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result other than as set out in clause 13(9) below where the issue affects our ability to return you as agreed in the package travel contract.
8. Changes by you
Should you wish to make any changes to your confirmed tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £15.00 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 9.
Transfers of Bookings:
If you are prevented from travelling, you may transfer your place to someone else (introduced by you) providing we are notified not less than one week before departure, subject to the following conditions:
a. that person satisfies all the conditions applicable to the tour.
b. we are notified not less than 7 days before departure.
c. you pay any outstanding balance payment, an amendment fee of £15 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
d. the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 9 will apply to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. For flight inclusive bookings, you must also pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
9. Cancellation by you before departure
Should you need to cancel your tour once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. Where the cancellation charge is shown as a percentage, this is calculated based on the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges and insurance premiums are not refundable in the event of cancellation.
Our cancellation charges are as follows:
Period before departure within which written Cancellation charge per
notification of cancellation is received by us person cancelling
56 days or more before departure: 35% (or deposit paid if greater)
31 to 55 days before departure: 70%
30 days or less 100%
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
The full cost of any flights will be payable at the time of booking where required by your airline. The airline will apply its own cancellation charge in the event of your cancellation which may be 100% of the flight cost. The airline cancellation charge forms part of the charge payable in the event of your cancellation.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of an insurance policy. Claims must be made directly to the insurance company concerned.
Important Note: Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
See also clause 8 “Changes by you” if you are prevented from travelling and wish to transfer your booking.
Cancellation by you before departure due to unavoidable and extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the UK Government Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 9 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
We consider adequate travel insurance to be essential and you must purchase or possess adequate travel insurance as a condition of your contract with us at the same time as your holiday booking is confirmed. It is your responsibility to ensure that the insurance cover you have is suitable and adequate for your needs, including cover for all Covid-19 related issues arising before or during the holiday, all the excursions and activities planned to be carried out on the holiday, any pre-existing medical conditions, cancellation charges to the value of your holiday, medical expenses, and emergency evacuation and repatriation in the event of accident or illness. We do not check alternative insurance policies.
NB – If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Please note that travel insurance policies provided by some house insurance, bank accounts and credit card providers often only offer minimum coverage and may be unsuitable to meet this required condition of adequate cover under your contract with us.
11. Changes and cancellation by us
We start planning the tours we offer many months in advance. Occasionally, we must make changes to and correct errors and other details both before and after bookings have been confirmed and regrettably, we sometimes must cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to do so.
Most changes are minor. If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, any Covid-19 related safety, quarantine, vaccination or security procedures or protocols instigated by our suppliers affecting any of their services, changes of carriers, etc.. Please note that carriers such as airlines used in our advertising or website may be subject to change.
Occasionally, we must make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your tour. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time of 12 or more hours, a change of UK departure point to one which is more inconvenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
Cancellation: We will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we must make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: –
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative tour from us, of a similar standard to that originally booked if available. We will offer you at least one alternative tour of equivalent or higher standard for which you will not be asked to pay any more than the price of the original tour. If this tour is in fact cheaper than the original one, we will refund the price difference; If you do not wish to accept the tour we specifically offer you, you may choose any of our other then available tours. You must pay the applicable price of any such tour. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking.
(b) If we cancel your booking and no alternative arrangements are available.
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
where we make a minor change.
where we make a significant change or cancel your arrangements more than 56 days before departure.
where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements.
where we must cancel your arrangements because of your failure to make full payment on time.
where the change or cancellation by us arises out of alterations to the confirmed booking requested by you.
where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12).
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure a significant change Compensation per person
or cancellation is notified to you or your travel agent
More than 56 days Nil
56– 29 days: £5 per passenger
28– 15 days: £10 per passenger
14 days or less: £15 per passenger
Please also see clause 24 “Delay and Denied Boarding Regulations”.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
12. Force Majeure
Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as a pandemics or epidemics or other outbreaks of serious disease at the travel destination. Examples also include natural disasters such as floods, earthquakes, pandemics or epidemics or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination. The acts of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster are also included as examples, as are unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected because the United Kingdom has now left the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
13. Our Liability to you
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we do not remedy or resolve your complaint within a reasonable period and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to following the complaints procedure in clause 14 below and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 12 above
(3) Covid-19: Limitation of liability
We both acknowledge the ongoing Covid-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the below circumstances: –
- Before your holiday and within 14 days of your departure date you must contact us as you or a party member may no longer be able to travel if:- you, or anyone in your booking party either test positive for Covid-19 and must quarantine for a period of time or must submit to a vaccination and any subsequent proving process, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and must self-isolate for a period of time.
We will then offer you the following options where possible and subject to availability: –
- Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers).
- If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 8.
- Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
- While you are on your holiday, if any of the circumstances in 1 above happen you must please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
- If you fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other UK or non-UK government body or local authority or fail to submit for testing, quarantine, vaccination and any subsequent proving process or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
NB You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements/recommendations relating to Covid-19, and have implemented certain measures as a result with the purpose of securing your safety and those around you. This will likely include but is not limited to specific requirements regarding personal protective equipment, such as use of facemasks by staff (and you may be required to wear a facemask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not class these measures as a significant change to your holiday under clause 11 above should they arise either before or while you are on your holiday, and nor do these measures amount to any negligence or an improper performance or arrangement of services by our suppliers under clause 13 (1) above.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which do not involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require
(7) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase whilst away. Please also see clause 18 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(8) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which based on the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses (including without limitation, self-employed loss of earnings).
(9) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, pandemics or epidemics or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
14. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform our representative or agent (if we have one) and the supplier of the service(s) in question. The representative, agent and/or the supplier must then be given a reasonable opportunity to respond to your complaint or problem. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK using the contact details we have provided you with during your tour, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to or email us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract; see above clauses 13(1) and 13(5).
15. ABTA’s Alternative Dispute Resolution Service
We are a Member of ABTA, membership number Y6450. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we cannot resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
16. Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) because of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred because of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
17. Conditions of suppliers
Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 13(4)(C)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
18. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on tour) about activities and excursions which are available in the area you are visiting. We are not involved in any such activities or excursions as these are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your tour, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a tour with us, we will pass on this information at the time of booking.
19. Passports, visas and health requirements
Information on the passport and visa requirements applicable for your destination are shown on https://www.gov.uk/foreign-travel-advice You should consider these prior to booking. Requirements may change and you must check the up-to-date position in good time before departure. A British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and have not yet got a passport, you should apply for one at least 6 weeks before your tour. The UK Passport Service must confirm your identity before issuing your first passport and will ask you to attend an interview to do this. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions including all Covid-19 requirements for UK travel and for the destinations you are visiting in good time before departure, especially if you or your party have any medical or health vulnerabilities or are at a greater risk to a Covid-19 infection. All available details must be obtained by you for you and all your party on an ongoing basis from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. We are not aware of any compulsory health requirements applicable to British citizens taking any of the tours we feature. You should obtain an EHIC (European Health Insurance Card)/GHIC (Global Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC/GHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
For further information on all of the above see the ‘safety’ menu section of our website www.cgttours.co.uk and the leaflet ‘Get Ready For Travel’ available there and which will also be contained with your booking documents.
20. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice about the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 12).
21. Your Financial Protection
When you buy an ATOL protected product 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).
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 can do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (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.
We are committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel and Linked Travel Arrangements of 2018” all passengers booking with us are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to insolvency.
This Policy is issued by Evolution Insurance Company Limited which is registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA. Evolution Insurance Company Limited is authorised and regulated by the Financial Services Commission in Gibraltar and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available on request.
In the unlikely event of Insolvency please following the procedures below:
Claims should be submitted in writing, supported by documented evidence quantifying the value of the claim, to: Evolution Insurance Solutions Limited, 53A High Street, Saffron Walden, Essex, CB10 1AA or via email to firstname.lastname@example.org
Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card). This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
The claims department will supply instructions to follow and the documents required to submit your claim.
Please ensure you retain your booking confirmation form as evidence of cover and value.
NB: If payment for your holiday was made by credit or debit card you must contact the Claims team on the contact above in the first instance for instructions.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en.
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above because of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 11 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
23. Advance Passenger Information
24. Delay and Denied Boarding Regulations
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched, we will contact you as soon as we can to let you know.
25. Prompt additional assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. We will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
26. Website / advertising material accuracy
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.
27. Safety and quality standards
Please note, it is the requirements, official accommodation classification regime and standards of the country in which any services which make up your tour are provided which apply to those services and not those of the UK. Generally, these requirements and standards will not be the same as the UK and may sometimes be lower. Simply because any standard, classification or requirement differs to a similar standard, classification or requirement that would have applied in the UK does not automatically mean that either we or our suppliers have negligently performed or arranged the services in question.
For further information on safety standards outside of the UK see the ‘info’ and ‘safety’ menu section of our website www.cgttours.co.uk and the leaflet ‘Stay Safe, be Prepared’ available there and which will also be contained with your booking documents.
Version 6 – Oct 21