5. If You Change Your Booking
5.1 If, after our confirmation invoice has been issued to you for an air package holiday provided by Us, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of 25, and any further cost we incur in making this alteration. 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.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5.2 The provisions of Clause 5.1 above do not apply when we are acting as agents for other supplier(s) or principal(s) and any terms relating to changes to a customers booking in such circumstances will be set out in the relevant Supplier Terms.
6. If You Cancel Your Holiday
6.1 You, or any member of your party, may cancel your travel arrangements with Us for an air package holiday at any time by serving written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 1.1 above.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6.2 If you cancel or amend your booking for your holiday arrangements when you are booking under Supplier Terms, then the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Supplier Terms (which may be 100% of the cost of the travel arrangements) and you must pay Us the cancellation or amendment charge set out at Clause 16 below in addition to any cancellation or amendment charges of the relevant supplier(s) or principal(s).
7. If We Change or Cancel Your Holiday
7.1 When we are acting as principal for bookings made by you for air package holidays with Us, we may need to make changes to your travel arrangements, although this is unlikely. We do plan the arrangements many months in advance and occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from Us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from Us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed in the chart below.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of a Force Majeure event (as defined in Clause 1.1).
7.2 If you are notified by Us that your booking is cancelled when your booking is with a different principal(s) or supplier(s), then the principal(s) or supplier(s) will have their own terms relating to cancellation charges and these will be detailed in their Supplier Terms. Therefore, we would draw your attention to the cancellation provisions in the Supplier Terms as you must pay the cancellation charges set out therein.
8. If You Have A Complaint
8.1 When you have booked an air package holiday with Us, we will deal with any complaints you may have in accordance with this Clause 8.1. If you have a problem during your holiday, please inform the Tauck representative on tour immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Landtours Limited t/a Tauck, 301 Watling Street, Radlett, Herts WD7 7LA, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist Us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to your Tauck representative while on holiday.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
8.2 If you are not booking with Us for an air package holiday, then because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s) under the Supplier Terms, any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if required - please contact Customer Services. If the matter cannot be resolved and it involves Us or another ABTA Member then it can be referred to the arbitration scheme arranged by ABTA (please see or atwww.abta.com).
9. Our Liability to You
9.1 When you have booked an air package holiday with Us directly and if the contract we have with you is not performed or is improperly performed by Us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements, as detailed further below. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b)Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
UUnder EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your 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. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from Us. Your right to a refund and/or compensation from Us is set out in clause 6. If any payments to you are due from Us, any payment made to you by the airline will be deducted from this amount. In the unlikely event of your flight services being subjected to lengthy delay, arrangements for meals, overnight accommodation, etc, should be met by your airline. Conditions of carriage applicable to the relevant airline for your booking are available on request.
9.2 Please note that the order of events on itineraries is subject to alteration due to local circumstances, unscheduled closures etc. However, every effort will be made to include all elements of the programme during the tour dates or a suitable alternative which will be notified to you.
9.3 The provisions of Clause 9.1 above do not apply when we are acting as agents for other supplier(s) or principal(s) and any terms relating to liability to customers booking in such circumstances will be set out in the relevant Supplier Terms.
9.4 Our Responsibility and International conventions Landtours accepts responsibility for ensuring that all elements of your holiday are as described in the brochure and are of a reasonable standard. Local laws and regulations of the relevant country will be relevant in assessing performance of the services included in the Tauck holiday. In the event of a complaint by a Guest, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non performance or improper performance of any service which Landtours is contractually obliged to provide, then Landtours liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified by the UK; or as any particular convention may be applicable by the operation of UK Law. Examples of applicable conventions are the Athens Convention adopted at Athens on 13th day of December 1974 and the Protocol thereto adopted as of November 1976 ( herein after referred to as the Athens Convention) or where applicable from 1st January 2013 EU Regulation 392/2009, relating to the carriage of passengers and their luggage by sea and the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 relating to the international carriage of passengers and their luggage by air. The Montreal Convention may be found at:http://www.legislation.gov.uk/uksi/2002/263/contents/made.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
We can provide general information about the passport and visa requirements for your holiday, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Any information supplied by Us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. 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 on with the embassy or consulate of the country(ies) to or through. Neither we, nor the principal(s) or supplier(s), accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Passports / Visas: British passengers should carry a full British Passport, valid for at least 6 months after the end of your holiday. Other nationalities should also carry a full passport. Visas may be required for some ports of call. Please check with Landtours. It is your responsibility to ensure that you have valid and appropriate travel documentation including passports and visas for each person travelling with you for eligibility to travel to all destinations on your tour. In addition to immigration and customs requirements, the U.S. Government and others place restrictions on the carriage of persons whose names appear on Government watch lists or who are deemed legally ineligible to travel. It is your sole responsibility to ensure your legal eligibility to travel. You are advised to check with the appropriate Government authority to determine the necessary documents and travel eligibility requirements. If you or anyone travelling with you become ineligible to travel for any reason, or are travelling without proper documentation, then you will not be allowed to travel. Under no circumstances shall Landtours be liable for any costs, damages or expenses whatsoever incurred by you or anyone else as a result of such denial of boarding.
International Cruise Regulations: Travellers must provide their passport number and date of birth to Landtours at the time of booking for all cruises or you may be denied boarding.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your air package holiday provided by Us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with Us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Once you have confirmed your details (and those of your party) with Us, we will proceed to confirm the booking with Us (or if acting as an agent, we will book your travel arrangements with the relevant principal(s) or supplier(s)). Please check that all names, dates and timings are correct on receipt of all documents and advise Us of any errors immediately. Any changes to these details will incur the charges stated above. Please ensure that the names given are the same as in the relevant passport. Save as expressly set out in these Booking Conditions, only the necessary booking information that you provide to Us will be passed on to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. This includes Tauck Inc, who will be providing the tour element of your Tauck holiday. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to Us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. Please note that, in addition to Landtours contacting you after the provision of your Tauck holiday, Tauck Inc may also contact you following your Tauck holiday with details of other holidays / tours provided by Tauck that may be of interest to you. We will provide Tauck Inc with your contact details for this purpose, unless you inform us that you do not wish to receive such approaches in future. In making this booking, you consent to this information being passed on to the relevant persons for the purposes set out in this Clause 13 (and our data protection policy, which is available upon request) for you and those persons included in your booking.
14.1 We require you as a condition of your contract with Us for an air package holiday that we are supplying to you, for you to have in place relevant travel insurance protection. Travel insurance is your entire responsibility and an essential pre-requisite to booking a holiday with Us. You must ensure that you (and all members of your party) have sufficient travel insurance in place to cover you, together with your personal property, at all times and for all potential risks. You must ensure that your insurance covers you for the full duration of your holiday including, but not limited to, medical expenses, injury, death, repatriation, cancellation and curtailment, and in respect of any sports or activities that you may wish to do whilst on your holiday. You must also ensure that there are no exclusion clauses limiting protection for the type of activities included in your holiday. Evidence of sufficient cover will need to be provided at time of booking. If you do not have holiday insurance cover at the time of booking, you may personally be liable for cancellation charges. For all clients arranging their own insurance, we must receive full details of the insurance company, policy number and 24-hour emergency contact number. It is imperative that you familiarise yourself with the details and conditions of your policy and that you notify your insurance company of any pre-existing medical condition. Failure to do so can invalidate the insurance cover.
14.2 Health Requirements and Insurance: You represent and warrant that you and everyone travelling with you are physically and otherwise fit to travel. The tour visits many destinations in a number of countries, often with difficult terrain, water crossings or in developing countries where facilities available to guests in those countries may not sufficient if you (or anyone in your group) is not able to walk without assistance or accompaniment. There may also be restrictions (due to the types of tours that you may contemplate joining) on the equipment or additional aides that you (or a member of your group) may wish to bring with you for your comfort or ease if you are not able to walk or manoeuvre without assistance or accompaniment. You therefore need to check with Landtours at the time of booking to see whether the proposed tour that you and your group wish to join are appropriate for you and all members of your group. Landtours may ask you to go through various questions to check whether travelling on the proposed tour is possible for you and all members of your group, and may make suggestions for how the tour could be taken with certain adjustments (if required), or whether a different tour may need to be offered to you, in order to fit with any requirements that you or any member of your group may need to have in place in terms of assistance or accompaniment to be able to enjoy their holiday. Regretfully, we cannot provide individual assistance to a guest for walking, dining or other personal needs.
You are solely responsible for checking (on your own behalf and on behalf of all those in your group) with your (or the group members) doctor as to which vaccination (including from any specific illness or exposure to animals) or medication are recommended or required for those countries for those travelling and for any assistance that may be required.
Landtours (or its suppliers, including the supplier of the Tauck holiday) cannot accept any responsibility for your failure to comply with the necessary medical, passport or visa requirements.
All passengers must have adequate insurance cover against cancellation, illness, repatriation loss of luggage etc. You should advise Landtours of the name of your own insurer for the insurance policy that you have taken out that will provide you with adequate insurance cover.
14.3 Many principals/suppliers require you to take out travel insurance as a condition of your booking with them and details of this will be set out in your relevant Supplier Terms. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.
All documents (eg. invoices/tickets/Insurance policies) that require to be posted will be sent to you by First Class post. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below.
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask Us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
When you book accommodation through Us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or Us, to cause or to be likely to cause danger, upset, harassment or distress to anyone else or damage to other persons or to property. No refund will be given in the event of you, or any member or your party, being requested to leave accommodation in such circumstances.
Furthermore, we shall be under no obligation whatsoever to pay compensation to you or any member of your party, or meet any costs or expenses (including but not limited to alternative accommodation) you, or any member of your party, may occur as a result of your stay being terminated due to reasons under this Clause 16.
If you, or any member of your party, cause damage to the accommodation in which you are staying or to any property of suppliers of tours, excursions or other elements of your holiday arrangements, you must fully reimburse the accommodation provider or relevant supplier concerned for the cost of the damage before the end of your holiday (if the cost has been established by then), or as soon as it has been established if later. You must also indemnify Us for the full amount of any claim (including all legal costs) made against Us by the accommodation provider or any relevant supplier or third party as a result of such damage caused.
We reserve the right to ask you to pay a breakages deposit in respect of any travel arrangements booked with Us where our suppliers request breakages deposits are payable and we will notify you of details of such breakages deposits at the time of your booking. If you do not pay any required breakages deposit, then we reserve the right to refuse to take your booking, although we will endeavour to agree alternative arrangements with you, which will be confirmed at the time of booking and included in your contract for the booking made by you. If we have agreed with you that the breakages deposit will be made by taking details of your credit/debit card for the agreed sum and will only be payable if breakages are caused by you, or a member of your party, and we are required to make payment to the supplier for any such breakages, then you authorise Us to take such agreed payment sum. We will notify you in writing if we are required to take such payments.
If you are not 18 years old, you are considered at law to be a minor and we will therefore require your parent(s)/guardian to sign a Form of Consent relating to your booking at the time of booking and pay a breakages deposit (on the balance due date) as per the Form of Consent. A Form of Consent can be obtained from Us upon request.
If you are 18 years old or over, then you will be required to sign the Booking Form on your own behalf (and on behalf of the people listed in your party) and you agree to the terms of these Booking Conditions on your own behalf (and on behalf of the members of your party).
Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.