Exodus Booking Conditions

Exodus Booking Conditions

IMPORTANT TO NOTE
Please read these booking conditions carefully.
All holidays advertised in our brochures and on our website are operated by Exodus Travels Ltd.(hereinafter called 'the Company' or 'we'), a member of the TUI Travel PLC group of companies, of TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL., and are sold subject to the following conditions:

1) To make a booking you can book directly over the telephone, or via our Website. You will need to pay a non-refundable deposit of 10% of your selected travel arrangements (minimum £125 or equivalent, £500 or equivalent if a Polar holiday). We will then invoice you for the remainder of the cost, which you must pay not later than 8 weeks (12 weeks for Polar holidays) before departure. If you book less than 8 weeks before departure (12 weeks for Polar holidays), full payment must be made on booking. The person making the booking (the “lead” name) must be at least 18 years old and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. The booking is not accepted and no contract shall exist between us until the date shown on the confirmation issued by the Company.

2) Notification of cancellation must be made to the Company in writing and will be effective upon receipt. If you cancel your booking more than 8 weeks (12 weeks for Polar holidays) before departure you may transfer your deposit and travel insurance to another holiday in our current programme (provided you are not already booked on it) on payment of a transfer fee of £50 per person, (£500 or equivalent if a Polar holiday as we have high irrecoverable costs), subject to your notifying us in writing within two weeks of your cancellation, telling us which holiday you wish to transfer to and paying the transfer fee. If the holiday you transfer to is more expensive than the one you originally booked, a further deposit will also be payable. If you subsequently cancel the holiday to which you have transferred, we will retain your full original deposit and transfer fee.

3) If you cancel your booking more than 8 weeks (12 weeks for Polar holidays) before departure we will not refund your deposit and travel insurance premium. If you cancel your booking for non-Polar holidays within 8 weeks of departure the following cancellation charges will be made:

• more than 56 days before departure: loss of deposit and travel insurance premium
• between 42 and 56 days before departure: 50% of the holiday cost
• between 28 and 41 days before departure: 60% of the holiday cost
• between 15 and 27 days before departure: 80% of the holiday cost
• 14 days or less before departure (or fail to join the holiday): 100% of the holiday cost

For Polar holidays cancelled within 12 weeks of departure the following cancellation charges will be made:

• more than 90 days before departure: loss of deposit and travel insurance premium
• between 63 and 90 days before departure 30% of the holiday cost
• between 49 and 62 days before departure 75% of the holiday cost
• 48 days or less before departure (or fail to join the holiday): 100% of the holiday cost

These dates refer to the date we receive written notification of your cancellation. We strongly recommend you to take out insurance against irrecoverable cancellation costs.

4) If you are prevented from travelling, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer fee of £50 will be payable, or £75 if the transfer is less than four weeks before departure. Additional costs such as airline tickets and permit fees may also be payable. Should you transfer your booking to another person, you will both be jointly and severally liable for payment of the holiday price and other associated expenses.

5) If you do not pay the balance of your holiday cost by the due date of 8 weeks (12 weeks for Polar holidays) before departure your booking will be terminated and you will lose your deposit.

6)We will let you know as soon as we can if, we are forced to significantly alter or cancel your holiday. In these circumstances you can choose one of the following options.
a) accept our offer of a replacement holiday of lower quality (if available) and we will refund the difference in cost; or
b) accept our offer of a replacement holiday of equivalent or higher quality (if available); or
c) ask us for a refund of the money you have paid.
Your decision about which alternative you accept must be made as soon as possible after we notify you.
If appropriate we will also compensate you for the inconvenience unless the alteration or cancellation is because there are insufficient numbers to run the holiday, or if the alteration or cancellation has come about because of unavoidable, unusual and unforeseeable circumstances beyond our control or affected by reason of circumstances amounting to “force majeure”. We shall inform you 4 weeks prior to departure if there are insufficient numbers to run the holiday and in all other circumstances we will endeavour to, inform you at the earliest opportunity.
Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions, and all similar events
If we cancel your holiday, insurance premiums paid to us will be refunded, except in the case of annual insurance which has already covered a risk.
We strongly advise you not to incur any non-refundable incidental expenses, e.g. for visas or flights, before we send you final confirmation of your itinerary (your Final Joining Instructions). This is because scheduled airlines regularly vary their timetables. We shall however endeavour to send you your final confirmation between 21 and 16 days prior to departure.

7) Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease brochure prices. Where our allocation of air seats has been fully utilised or where it is not possible to offer an air seat from an allocation, we reserve the right to pass on any extra costs incurred. You have the right to withdraw from the booking at this stage if you do not accept the price revision. The contract will exist when you have accepted or not objected to any price revision and we have issued a confirmation invoice.
We reserve the right to impose surcharges once you have booked but no surcharges will be imposed within 30 days of departure and any downward revision in the price will be refunded to you. Surcharges will only be imposed for variations in:
a) transport costs, including the cost of fuel.
b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
c) the exchange rates applied to the booking.
Price increases and surcharges will be calculated according to the full extra cost compared to the costs and exchange rates obtained when this brochure was produced and exchange rates for our products are as follows:

In any event we shall absorb any such surcharge up to 2% of the original holiday cost. Any increase to the price which exceeds 10% of the total holiday cost will entitle you to the options outlined in clause 7 above.

8) A general indication is provided here of the itinerary for each holiday, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so.
For all these holidays we publish detailed Trip Notes which contain the up-to-date definitive information about the holiday, and which will be sent on request or can be downloaded from our website. If after reading these Trip Notes you feel you have misunderstood what is included in the price, or the nature of the holiday, you may cancel your booking without penalty and we will refund any monies paid to us. Such cancellations will only be allowed during the week following our sending the Trip Notes to you, and will not be allowed if your booking is made less than 8 weeks (12 weeks for Polar trips) before departure, when you should ensure that you are fully aware of the contents of the Trip Notes before booking. The information and conditions relating to your holiday (and extensions/options where applicable) contained in the Trip Notes will be deemed to be part of the contract, and you should therefore read them carefully. Should there be a discrepancy between the information in the brochure or website and the Trip Notes, the information in the Trip Notes supersedes that in the brochure or on the website and will be considered the most up-to-date and accurate.

9) Any information or advice provided by the Company on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the Company. It is your responsibility to check with your doctor at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs.
The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries. Clients travelling overland to certain destinations may need to also pass through controls of other countries enroute so this should be allowed for with any passport/visa applications. When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. Each person wishing to visit the US must have either
i) an e-passport (if your passport is issued after 26 October 2006), or a machine readable passport containing a digital photograph (if your passport is issued after the 26 October 2005) and a Visa Waiver Form
ii) a valid passport and a valid visa which must be obtained before travel from the US authorities.
Children and minors wanting to travel with a Visa Waiver form must hold their own Machine Readable Passport or e-passport.
Please note that the nationals of some countries can only travel to the US if they have a valid visa as they are not eligible for the Visa Waiver Programme.

10) If any significant changes to the holiday have to be made before departure, we undertake to inform you, and you are entitled to the options detailed in clause 7 above. A ‘significant change’ does not include a change of carrier, transport or named accommodation, but is normally considered a change of more than 24 hours (12 hours for holidays of 10 days’ duration or less) in departure or return timings, a change of departure airport (except between London airports) or a major itinerary re-routing.

11) Your booking is accepted on the understanding that you realize the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one which allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on the part of Exodus. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro rata refunds will be given for services not utilised wherever possible.
It is a fundamental condition of joining any of the holidays described in our brochures or on our website that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible: we will always endeavour to provide suitable alternative arrangements. If it is impossible to make alternative arrangements or if a passenger is unable, or does not choose for good reason, to complete an itinerary outlined for a holiday, the Company is not under any obligation to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group, but in these circumstances we will arrange transport back to your point of departure if you wish.

12) On an active group holiday it is necessary that you abide by the authority of the leader, who represents the company. If you commit any illegal act when on the holiday or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the holiday, you must advise us of this at the time of booking.

13) Before you come on the holiday you must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation should you become too ill to continue, including helicopter rescue and air ambulance. If you join the holiday without adequate insurance you may not be allowed to continue on the holiday, with no right of refund. We have an insurance scheme specifically designed for this type of travel. Any claims concerning matters for which you are insured must be directed to your insurers.

14) If you are joining the holiday locally (i.e. not starting with the group from the UK) our responsibility does not commence until the appointed time, we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your confirmation to enable you to continue with your holiday, although you may, at your discretion, remain at the local joining point for the arrival of the group.

15) If you have any complaint about the holiday, you must make it known at the earliest opportunity to the leader and/or our local representative, who will normally be able to take appropriate action. If you are not satisfied with their response and you feel your enjoyment of the holiday is likely to be significantly affected, you should notify our head office in London and we will do our best to resolve the problem. If at the end of the holiday, you feel your complaint has not been properly dealt with, we shall try and agree a settlement with you, but you must first notify us of your complaint in writing within 35 days of your scheduled date of return. Please note we only deal with complaints via letter, telephone or email, and not in person.

16) We are responsible to you for the proper performance of our obligations under the contract irrespective of whether those obligations are provided directly by us, or by third party service providers engaged by us acting within the proper course of their employment. We are liable to you for any damage caused to you by our failure to perform the contract or by our improper performance of the contract, unless that failure is:
a) attributable to you;
b) attributable to a third party unconnected with the provision of the services and are unforeseeable or unavoidable;
c) due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken
d) due to an event which even with all due care we could not foresee or forestall

17) In any event, you are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by company employees or suppliers. Passengers travelling on vehicles owned by the company are covered by passenger liability insurance up to a maximum of £3 million per group per incident, and acknowledge that the Company has taken all reasonable steps to safeguard its liability in this respect. Except in instances of personal injury or death, where the Company is found to be liable for damages in respect of its failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally, but not necessarily, be limited to three times the basic holiday price shown on the invoice.

Where any claim for damages is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by air, sea or rail, or hotel accommodation, any compensation payable will be limited. The maximum amount of compensation we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (which includes, without limitation, the Warsaw Convention as amended, the Montreal Convention 1999 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), Geneva Convention 1973 (road) and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. You acknowledge that all of these terms and conditions form part of your contract with us and that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Copies of the conditions of carriage and any conventions which may apply are available on request. Any independent arrangements that you make which are not part of the holiday are entirely at your own risk.

The provisions of the Warsaw Convention1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. Sea Travel Conditions of Carriage & International Conventions: In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (1) in the case of apparent damage, before you disembark from the ship or the baggage is redelivered to you; or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. The Athens Convention, and the carriers’ conditions of carriage, may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables.

18) When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 2582. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. ATOL protection does not apply to all holiday and travel services shown in this brochure. Please ask us to confirm what protection may apply to your booking.

The UK government have announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports with a new Emissions Tax, known as Aviation Duty, with effect from 1st November 2009. At this time we are not aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.

Air carrier liability for passengers and their baggage: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this notice.

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to approximately £80,000, the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000.
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to approximately £3,300.

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to approximately £800.

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to approximately £800. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation SP. (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
EU Airline Blacklist. In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu

In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from the their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.

Please check with the airline regarding luggage allowance limits. Generally no single item of baggage may exceed 23kg.
If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from your GP.

The flights shown are operated by UK, European and international scheduled and charter airlines. They use wide and narrow-body jets. We may change airlines or aircraft types at any time; this does not count as a Major Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.

19) Any likeness or image of you secured or taken on any of our holidays may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and on websites.

20) To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this.

21) When you offer to purchase a holiday from us you agree to accept all these conditions, and when we accept our booking we agree to carry out our obligations to you as defined in this brochure or on our website and their information provided to you. This Agreement will be governed by English law and any disputes will be dealt with by the English courts. If however you booked you holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.

22) The prices, offers and details contained on this website and in our brochures are valid at the time of publication. Please note prices, offers and details can change and where this is the case, they will be updated on our website..

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