Exodus Booking Conditions
Exodus Booking Conditions
IMPORTANT TO NOTE
Please read these booking conditions carefully, they form an important part of the contract for your holiday.
All holidays advertised in our brochures and on our website are operated by Exodus Travels Ltd. Registered number 1150160 (hereinafter called 'the Company' or 'we'), a member of the PEAK Adventure Travel Group Ltd. Registered UK office: TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL, and are sold subject to the following conditions:
Please Note: Adequate and valid travel insurance is compulsory for all Exodus travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any ATOL protected air package or flight that you buy from us by way of our Air Travel Organiser’s Licence number: ATOL 2582 , administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you 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.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times. We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
We are a Member of ABTA, membership number Y0751. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
1. How to Book
Note: Polar holidays have different booking, cancellation and participation conditions to other Exodus holidays - these are detailed below. Polar holidays are defined as any holidays in the Exodus range for which the three letter trip code beings with P. (eg PNS – Spitsbergen Explorer)
To make a booking you can contact us in several ways; directly over the telephone, via our Website or through an approved Travel Agent. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. For all but Polar holidays you will need to pay a non-refundable deposit of at least 10% of your selected travel arrangements (minimum £150 or equivalent); For Polar holidays the required deposit is 20% of your selected travel arrangements (minimum £1000 or equivalent). You may also be required to pay for any non-transferable and non-refundable items such as National Park entrance fees and Permits. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 56 days (133 days for Polar holidays) before departure. In certain cases we may request full payment more than 56 days before departure, where, for example, airlines require full payment on booking. If you book less than 56 days before departure (133 days for Polar holidays), full payment must be made on booking. If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit. Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a levy of 2%. If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket.
Travel documents will be sent or emailed to you approximately 2 weeks before the departure of your tour, and will not be issued unless payment of the due balance has been received and any cheques have cleared. We cannot accept any liability for tickets lost in the post. If you live outside the UK we will normally email any trip information documents. If requested in the trip information documents you must reconfirm the reservations, timings and check-in details of your flight with the airline concerned at least 72 hours before departure. This applies to your outward flight and to your return flight. If you miss a flight or suffer any disruption as a result of not following our instructions as to reconfirmation we will have no liability to you.
Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip.
2. Prices & Surcharging, Credit Card charges, Air Passenger Duty
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices. Prices on our website are updated regularly. Before you make a booking we will give you the up-to-date price of your chosen holiday including any flight supplements, upgrades or additional facilities which you have requested.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked.
Exchange rates: price increases and surcharges will be calculated accordingly to the full extra cost compared to the costs and exchange rates obtained when our printed brochures were produced. Exchange rates for our products are as follows:
Winter brochure and products £1.00 = €1.12; Swiss Franc CHF1.4; Swedish Krona SEK10; Norwegian Kroner NOK8.5.
All other brochures and products £1.00 = €1.21; US$1.6; Canadian Dollar CAD1.56; Namibian Dollar NAD11.2; Swiss Franc CHF1.2; Moroccan Dirham MAD12.5; Swedish Krona SEK13; Norwegian Kroner NOK8.5; Japanese Yen JPY120; Nepalese Rupee NPR110; NZ Dollar NZD 1.85; Iceland Krona ISK180; Indian Rupee INR69; Malaysian Ringitt MYR4.7; South African Rand ZAR11.2.
However, there will be no change within 30 days of your departure. Any changes in taxes, entry fees and/or charges that we collect at net cost on behalf of local and government bodies will be passed on to you in full or refunded to you in full (Net Cost Charges). We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option to change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancel and receive a full refund, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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 final invoice.
Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Dates and itineraries shown for tours departing after 1 January 2013 are indicative only and subject to change.
Air Passenger Duty "APD" is included in the price of your holiday/flight ticket. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.
3. If you change or cancel your booking
If, after our confirmation has been issued, you (i) make a change to your existing booking, we will charge an amendment fee of £50 per booking for each change or (ii) wish to change to another of our tours or change departure date, we will try to make the changes subject to availability, provided that notification is received in writing at our offices from the lead name at least 56 days (133 days Polar holidays) before departure and you pay £50 per person (£500 per person if a Polar holiday) to cover our administration costs. In addition to the fee we charge, any alteration, whether a change to an existing booking or a change to another tour or departure date, will also be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the tour. If the holiday to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable. Any alteration by you within 56 days of departure will be treated as a cancellation of the original booking and will be subject to cancellation charges.
Where you are unable to travel you can transfer your booking to another person, subject to the following: a) you must notify us in writing at least 56 days before departure (133 days for Polar holidays) ; and
b) your request is accompanied by all original travel documents which you have received and the full name and address of the transferee; and
c) the transferee must fulfil any conditions that apply to the booking; and
d) payment by you of an administrative charge of a minimum of £50 per person plus payment of all costs charged or levied by those supplying your travel arrangements.
Both the transferor and transferee will be jointly and severally liable for payment of the holiday price and other associated expenses. Some airline carriers treat name changes as cancellations. Accordingly you may be required to pay for the cost of a new ticket.
You, or any member of your party, may cancel your tour at any time providing that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt of your written communication. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below. Where written notification of the cancellation is received:
- more than 56 days before departure: loss of deposit
- between 30 and 55 days before departure: 50% of the holiday cost
- 29 days or less before departure (or failure to join the holiday): 100% of the holiday cost.
For Polar holidays cancelled within 180 days of departure the following cancellation charges will be made. Where written notification of the cancellation is received:
- more than 133 days before departure: loss of deposit
- 133 days or less before departure (or failure to join the holiday or failure to pay any local payment due): 100% of the holiday cost
Please note: that for certain travel arrangements e.g. many scheduled transport providers, the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. We strongly recommend you to take out insurance that includes cover against irrecoverable cancellation costs. Additionally, you will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation. You may however be able to transfer this cover to another holiday. If you are travelling on a scheduled flight, we cannot give you any refund until we have received your old travel documents, including tickets.
All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be from the Lead Name in writing and in English and delivered by hand, fax, email or sent by recorded delivery post to Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE.
4. If we change or cancel your booking
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking. We plan the arrangements for your tour many months in advance and may occasionally have to make changes, most of which are minor. Flight timings and carriers shown in the brochure are subject to change. A change of carrier or routing will not be considered a major change. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is 'major' depends on the nature of the tour and may include: alteration to the scheduled departure or return time of your flight by more than 12 hours (but not a flight delay); a change to a lower standard of accommodation; or a change of departure airport (excluding a change between London airports). When a major change occurs, you will have the choice of either accepting the change, or accepting a replacement tour from us of equivalent or closely similar standard and price, or cancelling your tour, in which case we shall refund you in full. In all cases, except where a major change arises from circumstances amounting to force majeure or consolidation (see below), we will pay you, as a minimum, compensation as detailed below:
Period before departure Compensation
when we notify you of a per person
Before balance due date Nil
Between balance due date
and 14 days before travel £20.00
Between 13 days and
the date of travel £30.00
Compensation will not be payable if we are forced to cancel, or in any way change your tour for reasons of consolidation due to minimum numbers not being attained or force majeure. Operation of all tours is dependent on a minimum number of persons booking the tour. If that number is not achieved, we reserve the right to cancel the tour.
In no circumstances will we cancel your tour less than 4 weeks before the scheduled departure date except for reasons of late cancellations from other passengers on your departure, force majeure (as defined below) or failure on your part to pay the final balance. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate.
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.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force, applicable to all EU carriers. 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 their airline. Full details of these rights are publicised at EU airports and are 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. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
5. Our liability, conditions of carriage and limitations
Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements. Our liability in all cases will 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 as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE.
We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled.
If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.
If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased overseas your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall at our absolute discretion give you every assistance including advice, guidance and financial assistance to cover initial legal costs for legal action against a third party where appropriate, up to a limit of £5,000 cost to ourselves per booking provided such assistance is requested within 90 days of the misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, the Company is entitled to recoup from you the costs actually incurred by us in giving this assistance.
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, and 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.
We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise 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 that 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 our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances.
Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on tour. Occasionally our local service providers will need you to sign an 'Acceptance of Risk' form prior to accepting your participation on the tour in accordance with specific local regulations. The purpose of the form is to indemnify the service provider and the Company from any claims made by you for incidents arising due to circumstances outside the service provider's and the Companies reasonable control. Where this is the case details are outlined in the Trip Notes and you may request a copy of the applicable form by contacting us.
Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
We operate all our trips in accordance with the recommendations from the UK Foreign & Commonwealth Office (FCO). If you are booking from outside the UK you should recognise that the FCO advice may not always be aligned with the advice from your own consulate or government travel authority.
6. Flight Notice, Flight Information and EU Blacklist
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 Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s), us and you. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
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 £109,000 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 advanced 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 €5,650; US$6780.
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 £1000.
Destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to approximately €1,350; US$1,660. 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 (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 www.air-ban.europa.eu
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used: British Airways, Turkish Airlines, Iberia, IcelandAir, South African Airways, KLM, Air Namibia, Ethiopian Airlines, Royal Air Maroc, Swiss International Air Lines, Tunisair, Kenya Airways, Air China, Etihad Airways, Gulf Air, Sri Lankan Airlines, Qatar Airways, Japan Airlines, Royal Jordanian, Thai Airways, Jet Airways, Air Canada, Virgin Atlantic, Continental Airlines, Aerolineas Argentinas, Finnair. Emirates, Kingfisher, LanPeru, LanChile, Air New Zealand, Air Europa, SAS, Air France, TAM, Korean Air, Croatia Airlines, Thomson Airways, British Midland, EgyptAir, Malaysian Airlines, Adria Air, Alitalia, EasyJet, TAROM, Air Madagascar, Air Botswana, Olympic Airways, TAP Air Portugal, Delta Airlines, Bulgaria Airlines, Lufthansa, Aeroflot, Norwegian The airline may use wide and narrow-body jets. 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 of routing, changes to aircraft type, change of accommodation to another of the same standard. 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.
Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggage weight. 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.
7. Complaints process
If you have any complaint during your holiday you must inform our local representative or your Group Leader and the relevant supplier of the service immediately. If you are not happy with their action in response please follow this up within 35 days of your return home by writing to us at Customer Services, Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE giving your booking reference and all relevant information. We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. We can usually sort out any complaints you may have, but if we cannot agree you can take the matter to arbitration administered by IDRS, part of the Chartered Institute of Arbitrators. Details and application forms are available from ABTA, 68-71 Newman Street, London W1T 3AH, www.abta.com . The arbitrator will only deal with your complaint if it relates to a tour and:
- you are claiming up to £5,000 for each person or £25,000 for each booking;
- you contact them within 9 months of the end of your tour; and
- your complaint does not involve major physical injury or illness in excess of £1,000.
This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details please ask our customer service staff. If you prefer, you can take your complaint to the County Court or another suitable court.
8. Details of insurance
Valid travel insurance is mandatory for all clients while on one of our tours. You are strongly advised to insure yourself against possible risks that may occur and in particular to ensure that you have sufficient pre-departure cancellation cover which includes dependent relatives upon whom your trip may depend. You are required to carry proof of insurance with you and produce it if requested by company employees or suppliers, as failure to do so may result in your being prevented from participating in certain activities without the right to any refund.
The insurance policy we offer is designed to cover all activities included in our itineraries and the featured optional extras. Please note our policy may not cover you for any specific activities that are not pre-booked or featured in official Exodus Travels Company literature. If you choose not to take our insurance you are responsible for ensuring that you are in possession of a valid travel insurance for the entire duration of your trip in respect of medical expenses, medical emergency repatriation (including helicopter and air ambulance) and death. If you make your own insurance arrangements, you must ensure that there are no exclusion clauses which limit cover for the type of activities included in your tour, such as, but not limited to, trekking at altitude, as Exodus will not be responsible for costs you may incur as a result of not having valid or adequate travel insurance. It is the responsibility of all our clients to declare any material facts including known medical conditions to their insurers, as failure to do so may result in a claim being reduced or declined.
9. Visa, Health, Passport, Travel documentation
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your chosen tour and date of travel. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling. 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 en-route 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 26 October 2005) and a Visa Waiver Form or ii) a valid passport and a valid visa which must be obtained before travel from the US authorities. The US authorities have introduced a requirement for passengers travelling under the Visa Waiver Programme to register for Electronic Travel Authority. For additional specifics about the VWP please consult the VWP information on the U.S. Embassy London website www.usembassy.org.uk. We recommend that you carry your ESTA approval with you when you travel and recommend you register at least 72 hours before departure. Please Note: when you register for ESTA you must have a valid passport at the time of registration. If you have applied for a post dated passport (for example to reflect a change in name) this passport will not be valid until the effective date noted in the passport. 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.
From the 1st May 2010, the Cuban authorities will require proof of valid medical insurance before allowing visitors to gain entry to the country. It is essential that you have a copy of a valid travel insurance policy, insurance certificate or other suitable evidence in your possession on arrival in Cuban. Please ensure that you keep the policy documents easily to hand upon arrival. US residents visiting Cuba must ensure that any medical insurance policy that they purchase covers them for travel to Cuba.
Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
When assessing whether tours or expeditions will operate we use information from our local offices in conjunction with advice from the British Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies.
re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection. Some of your information (such as health or religion) may be considered "sensitive personal data" under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information (which may contain sensitive personal data) to us in circumstances where we need to act in the interest of everyone in the group you are travelling with. For example, if your illness at resort is infectious we may need to make special arrangements for you and also ensure that you do not return with the group immediately.
If you do not agree to our use of your information as above, we cannot do business with you or accept your booking.
We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our holiday group companies. Please note that our websites will assume you to agree to e-communications when you make a booking. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material. You may indicate your preference regarding receiving third party direct marketing material. If do not wish to receive such information or would like to change your preference, please see below.
You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. You have the right to ask in writing not to receive direct marketing material about our products and services. If the following facilities are available, you can amend your previous preference on our website(s), using our "unsubscribe e-mail" or in literature which you subsequently return to us. Once properly notified by you, we will take steps to stop using your information in this way. If you would like a list of our group companies or brands, please send us your request.
Our address is at Exodus Travels Limited, Grange Mills, Weir Road, London SW12 0NE.
Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country.
We have taken all reasonable steps to have in place appropriate security measures to protect your information. Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
11. Leader Authority & behaviour
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 disruptive, threatening or abusive or 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 the Captain of your flight or ferry or our overseas staff believe that you could be disruptive, they can also refuse to let you proceed with your travel arrangements. If this means you are not allowed to board the flight outbound from the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour e.g. the cost of diverting an aircraft or ferry to remove you. Criminal proceedings may also be instigated.
The accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on any Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay, except damage caused by persons not known to you. These charges must be met by you and may have to be paid locally.
12. Trip Notes
If we issue detailed trip notes for your booking these trip notes and all the information contained therein will be deemed to be part of the contract. Trip notes available from our website or by post from Exodus Travels Ltd., Grange Mills, Weir Road, London SW12 0NE, contain up-to-date definitive information about the itinerary and travel arrangements. 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.
13. Special Requests
We will consider special requests such as special dietary requests or, specific rooming requirements, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing.
14. Participation requirements
All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in the brochure. No unaccompanied minors (those under 18 years of age) can be accepted however (a) minors aged between 3 and 17 years may accompany their parents on tours designated as family adventures, (b) older teenagers (those aged 14 and over) may be allowed to join certain group tours provided they are accompanied by a parent or guardian who accepts full responsibility for them, (c) minors aged between 10 and 17 may accompany their parents on certain tours designated as Polar holidays.
Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and may result in such persons being excluded from the holiday in which case all monies paid will be forfeit. 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.
15. Photography & Testimonial
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 or the internet. Any written feedback supplied to the company may also be used for promotional purposes as detailed above.
16. Law & Jurisdiction
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
Updated: 28 November 2012