As a tour operator and package holiday provider Beaches and Barbells Ltd is governed by the regulations under The Package Travel, Package Holidays and Package Tours Regulations 1992, available here: http://www.legislation.gov.uk/uksi/1992/3288/contents/made this was produced under the The Council of the European Union’s directive: Council Directive 90/314/EEC on package travel, package holidays and package tours.
ABTA and ATOL protection is provided through our travel partners.
These Booking Conditions, together with our privacy and data protection policy, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Beaches and Barbells Limited, The Windmill Studio Centre, 106A Pembroke Road, Ruislip, HA48NW (‘we’ or ‘us’). Please read them carefully as they set out your respective rights and obligations. All the holidays on our publications or website are operated by Beaches and Barbells Ltd. References to ‘you’ and ‘your’ include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
1. MAKING A BOOKING AND PAYING FOR YOUR HOLIDAY
When you confirm your booking you must pay the full payment unless paying for the deposit. If the arrangements you wish to book are available we will issue a Booking Confirmation email and send this to you. A binding contract will come into existence between you and us as soon as we have issued you with this Booking Confirmation email.
Deposits, unless stated, are non-refundable.
If we do not receive all payments in full and on time, we reserve the right to treat your booking as cancelled by you. If we do fail financially, any money held at that time by Beaches and Barbells is and continues to be held on trust without any obligation to pay that money to any creditors. Money will be returned to customers.
In the case of international payments you must ensure that the full GBP Sterling amount is received by us after all bank charges have been levied.
2. THE PRICE OF YOUR HOLIDAY
Once a holiday has been purchased and the Booking Confirmation email has been sent your holiday is booked the prices will not change unless stated.
3. CUTTING YOUR HOLIDAY SHORT
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
4. CHANGES BY YOU
Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Due to the nature of the bookings via our travel partner, we are unable to offer transfers to other holidays, consequently you must refer to the cancellation procedure (5) and book the preferred holiday afterwards. Holidays without flights included may allow for name changes but this can only be done one month in advance of departure. The customer can change the name on a holiday up to six weeks before departure for free and then between six weeks to four weeks prior the charge is £75.00 for a name change. Inside 4 weeks no name change will be allowed and will be classified as a new booking for flights which would be charged at the price at the time of the change.
5. IF YOU CANCEL
Once booked and paid for the customer can receive the following: if it’s a full cancellation 70-57 days from departure there is a 30% loss. Then 56 – 29 days from departure there is a 50% loss. From 28 days – 15 days from departure there is a 70% loss and 14 – 8 days from departure there is a 90 % loss. No refund is permitted 7 days or less from departure.
No allowance or refund can be made for your meals, rooms, excursions etc., included in the price of your tour but not taken, nor can any refund be made for lost, mislaid, or destroyed travel tickets or vouchers.
No refunds will be given for passengers not travelling or for unused services.
6. ALTERATIONS AND CANCELLATIONS BY US
Occasionally, we may have to make changes to and cancel your holiday arrangements 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, in a rare case we may have to cancel it.
Examples of changes include the following when made before departure; a change of accommodation to that of a lower official classification for your holiday.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) 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). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
We regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
Very rarely, we may be forced by “force majeure” (see clause 13) to change or terminate your arrangements after departure. If this situation does occur, we will be able to refund your money held on trust but will not pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
7. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Passport and visa requirements vary depending on your destination. The information which we provide is for guidance only, and we cannot accept any liability. We recommend that you contact the relevant consulate to check any restrictions that may apply. Requirements do change and you must check the up to date position in good time before departure. Please contact your doctor for advice on health requirements. It is your responsibility to ensure that you have a proper passport and visa and that no personal circumstances such as a criminal offence or travel to another country will affect your individual visa requirements, and that you have the required vaccinations to gain entry to any country which you are visiting.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country (ies) through which you are travelling.
If you fail to take the necessary steps, Beaches and Barbells ltd has no liability to you and you will have to pay Beaches and Barbells ltd any costs which Beaches and Barbells incurs through helping you because of such failure on your part. Further, Beaches and barbells is not liable to you for any illness or discomfort you suffer through failure to have required vaccinations or to follow medical advice.
8. DEALING WITH COMPLAINTS
Beaches and Barbells will make every effort to make your holiday as enjoyable and trouble free as possible. Most problems can be sorted out straight away if we know about them. If you have a complaint, you must advise our representatives straight away and the supplier of the service(s) in question. Any verbal notification must be confirmed in writing as soon as possible. You may also contact us directly using the emergency telephone number enclosed with your travel documents. That number will put you in touch with one of our employees who will take all reasonable steps to help you. If you feel that a complaint has not been dealt with satisfactorily, you must write within 28 days of your return from holiday to: Beaches and Barbells, The Windmill Studio Centre, 106A Pembroke Road, HA48NW. An acknowledgement shall be sent no later than 14 days from the date of receipt of correspondence. We will deal with your complaint as soon as possible and offer compensation where we deem to be suitable.
You must not behave in a way which may cause distress or annoyance to others. If, in the opinion of ourselves, accommodations manager or other person in authority, you are behaving in such a way as to cause danger, distress or annoyance to others or damage to property, your holiday arrangements may be terminated by either ourselves or the supplier concerned. In this situation, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
10. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office.
11. OUR RESPONSIBILITY FOR YOUR HOLIDAY
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: –
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
12. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. We will inform the relevant supplier of such request. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
13. DISABILITIES AND MEDICAL PROBLEMS
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
14. CONSUMER PROTECTION
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 this brochure and for your repatriation in the event of our insolvency. We provide this security by way of holding all holiday money on trust until you are safe (and your holiday is complete). This means that in respect of all arrangements including flights, in the unlikely event of our insolvency, the trust fund will ensure that you are not left stranded abroad or will arrange to refund any money you have paid to us for an advance booking except where your contracted arrangements with us do not include transport to and from the UK. In this case, if already abroad, you will be returned to the point where your contracted arrangements with us commenced.
15. FOREIGN OFFICE ADVICE
You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 10).
16. ACCURACY OF PRICES AND INFORMATION
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
It is a condition of your contract with us that you have adequate travel insurance. You must be satisfied that your insurance fully covers all your personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness. The insurance cover should extend for the planned duration of the holiday and at least an additional day. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
The insurance policy and the receipt of premiums paid there under should be provided to us prior to departure. If you join the holiday without adequate insurance you may not be allowed to continue on the holiday, with no right to refund. If circumstances give rise to a claim the client will forthwith pursue his remedies under such policy(ies).
We will also ask you for details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
18. Information we will provide
We will provide, in good time prior to the start of the holiday, details regarding the Beaches and Barbells representative in your destination, your emergency contact for UK and your foreign destination as well as details regarding the address of your accommodation and information relating to the holiday itinerary. In addition, where possible, we will provide you with your ATOL and ABTA insurance information.
In providing our service to you, we must collect personal information from you and make subsequent use of it as detailed below. We will only collect personal information from you by specifically asking for it when you make a booking with us over the telephone or via our internet booking facilities or when you write, fax, telephone or email us to make an enquiry. We may collect all or some of the following information relating to you or other members of your holiday party:-
• names and contact details
• credit/ debit card or other payment details
• special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements
• dietary restrictions (which may disclose your religious beliefs)
• travel preferences
Some of the information we collect (such as about 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. We will seek this consent when necessary.
For the purpose of providing you with our services, we may disclose the information to the providers of the services making up your holiday arrangements (who could be located outside the UK/EEA). In order for you to travel overseas, it may be mandatory (as requested government authorities at the point(s) of departure and/or destination) to disclose your information for immigration, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Even if not mandatory, we may exercise our discretion to assist where appropriate.
We may need to disclose our customer list including any personal information relating to you to a third party who acquires or attempts to acquire all or substantially all of the asset/ stock in our company or our website. We may from time to time contact you with information about special offers, brochures, new products, forthcoming events or competitions. You will be given the opportunity on every communication we send you to indicate that you do not wish to receive our promotional material. We have taken all reasonable steps to have appropriate security measures in place to protect your information. Outside the European Economic Area, controls on data protection may not be as wide as the legal requirements in this country.
As our privacy statement may change due to developments in the law we encourage you to re-read this from time to time so you are aware of any changes in how we gather and use your personal information.
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.