The following Terms and Conditions apply to all holidays booked with Travel Differently Ltd trading as Travel Differently (“we”, “us” or “our”). Together they form the basis of your contract with us. Please read them carefully as they set out our respective obligations. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
We sell tailormade holidays, where we will source and create a holiday for you using a number of different travel suppliers on whose behalf we act as agent (“Tailormade Holidays”).
a) To book a holiday, please call or email us to request a quotation. When you are happy with the quotation, call your consultant and we can process your booking and deposit over the phone.
The person named on the quotation (“party leader”) must be authorised to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By paying the deposit, the party leader accepts these Terms and Conditions on behalf all members of the party and confirms that he/she is so authorised to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made.
b) The nature of the holidays we arrange means we are often not in a position to confirm every requested element at the time of booking. Once we reasonably expect the key elements of your holiday to be available, we will process your payment and a contract between you and us will come into existence, as set out in (1c) below. If for any reason we do not expect the key elements of your holiday to be available, we will not process your payment and will advise you accordingly. Processing your payment is not a guarantee or representation that your requested arrangements will be provided or confirmed. Where you submit your booking request online, any electronic acknowledgment of its receipt is not a confirmation of the booking. Obtaining confirmation of all elements from suppliers may take two weeks or more. In some cases, it may not be possible to confirm all elements as requested and changes may need to be made. Occasionally, we have to cancel a booking prior to issue of the confirmation invoice, where the supplier is unable to confirm all key elements, and/or we are unable to offer suitable alternative arrangements. If we have to cancel your holiday prior to confirmation or the arrangements we are able to confirm when we issue a confirmation invoice are significantly different to those requested and any alternative arrangements we offer you are not acceptable, we will refund all monies you have paid us. As bookings can only be accepted on the basis set out above, other than the refund no additional compensation will be payable where your booking is cancelled or a significant change made by us (which you accept) in accordance with this clause. We reserve the right to decline your booking and return your deposit payment at our absolute discretion.
c) A contract between you and us will come into existence when we process your credit/debit card payment or initial payment into our account and issue you with a confirmation invoice. Where we have taken payment from you but are unable to confirm your booking arrangements, we will issue you with deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
If a confirmation invoice cannot be issued, we will seek confirmation of all requested elements of your booking from the suppliers concerned as set out above. We will issue a confirmation invoice once we are in a position to confirm the available arrangements. The arrangements shown on your confirmation invoice are those that we are contracting to provide. Please check these documents carefully as soon as you receive it. Contact us immediately if any information that appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within seven days of our sending it out. You must ensure that the name of each party member given to us at the time of booking matches the name exactly as it appears on that party member’s passport, used for travel on this booking.
d) A deposit as specified on your quotation, or as advised by your travel consultant, must be paid at the time of booking. For certain arrangements, the suppliers concerned may require a higher deposit or full payment at the time of booking. If this applies to your booking, we shall advise you of this prior to booking or may request an additional deposit payment after booking. For the purposes of clause 4 such payments will also be classed as deposits.
e) The balance of the holiday cost must be received by us not less than 3 calendar months prior to departure. Bookings made within 3 months of departure require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 4 will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.
Payments can be made by debit card, credit card (Visa and MasterCard only) or bank transfer.
f) We will e-mail your confirmation invoice and any other documentation which can be sent in this way. You must therefore ensure you check your e-mails on a regular basis. You should check your confirmation invoice and other documentation on receipt. We may contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. References in these Terms and Conditions to “send” and “in writing” include communication by e-mail.
All holidays booked with Travel Differently are financially protected through Protected Trust Services (membership number 5562), which guarantees all payments made and meets the requirements of the Package Travel and Linked Travel Arrangements Regulations 2018. Whenever you pay us, your money goes into a secure PTS trust account. This ensures none of your money will be used for anything other than your holiday, it is separated from all other bookings, and will remain in trust until all suppliers have been paid and your travel is completed. If Travel Differently was to cease trading, Protected Trust Services take control of the booking and liaise with all suppliers to ensure the holiday still goes ahead unaffected. If this was not possible, PTS will arrange a refund in full.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ uksi/2018/634/contents/made
Should you wish to make any alterations to your confirmed holiday the party leader must notify us as soon as possible in writing. Whilst we will endeavour to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers and our amendment fees of £75 per person.
If your request substantially changes the nature of your confirmed holiday, it will be treated as a cancellation and the terms set out in clause 4 shall apply. Any change that results in your holiday price being reduced by 10% or more shall be treated as a cancellation and the charges set out in clause 4 apply.
For the avoidance of doubt, any request to defer your holiday will be considered as a substantial change in the nature of your holiday. The request will be treated as a cancellation and the terms set out in clause 4 apply.
Please note that some accommodation is priced according to the number of people in the booking. If you wish to change the size of your party, the per person cost of the holiday for other members may increase significantly and some airline tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost.
Transfer of Booking: If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else as long as the following conditions are met:
(i) the transfer is requested in writing at least 7 days before departure;
(ii) all suppliers and third parties accept the transfer of names or are able to re-book. Please note, air tickets are rarely transferable and any requests for transfers or alterations may incur a cancellation charge of up to 100% of your ticket price
(iii) you sign an authorisation to transfer the holiday into another name;
(iv) the transferee accepts these Terms and Conditions; and
(v) the transferee provides us with new travel insurance details.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers together with an amendment fee of £75 must be paid. Any overdue balance payment must also be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 4 will apply.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the £75 amendment fee
Cancellations must be notified to us in writing via email by the party leader. Your notice of cancellation will only be effective when we receive the email at our office. As we incur costs from the time you make your booking, if cancelling 3 months or more ahead of departure your deposit will be forfeited in full, including any additional deposits paid as per clause 1d.
If cancelling within 3 months of departure, the full price of your holiday will be due. However, to the extent that the cancellation terms of the arrangements with the underlying suppliers allow us to recover monies, we will notify you and make arrangements to repay this to you. In all cases your deposit will be non-refundable.
Cancellation by You due to Force Majeure
You have the right to cancel your confirmed arrangements before the departure date without paying the above cancellation charges in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity that significantly affects the performance of the arrangements, or significantly affects the transporting of you to the destination. This clause shall not apply in the event that you decide not to travel of your own volition. In these circumstances, we shall provide you with a full refund of the monies you have paid to us, but we will not be liable to pay you any compensation. Please see clause 9 for more information on Force Majeure.
Occasionally we have to make changes and correct errors in our booking information both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, mistakes, or if the minimum number of bookings required for a particular holiday have not been received. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. We will notify you of cancellation at the earliest opportunity.
Most changes will be minor in nature and will not entitle you to a refund or to change your holiday and no compensation will be due. Examples of minor changes include but are not limited to, a change of flight time of 12 hours or less, a change in airline (except as specified in clause 16 ‘Flights’), a change in the type of aircraft (if advised) or a change in the destination airport. In the event we have to make a significant change, we will inform you as soon as possible. Examples of significant changes include, but are not limited to
(i) a change in your flight departure time by more than 12 hours;
(ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you;
(iii) a change in your destination locality; or
(iv) a change of accommodation to that of a lower standard.
If we inform you of a significant change to your booking after it has been confirmed, you have the option to:
(A) accept the changes (for significant changes); or
(B) accept an alternative holiday from us, where available, of a similar standard to that originally booked (if the alternative holiday is cheaper than the original one, we will refund the price difference, and if it is more expensive you will be charged for the difference); or
(C) cancel your booking and receive a full refund of all monies paid to us.
No compensation will be payable, and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Terms and Conditions entitling us to cancel (such as not paying on time) or where a change is a minor one.
If we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 but no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject exceptions set out below.
Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where:
(i) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control; or
(ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above); or
(iii) where your booking is cancelled or a significant change made (which you accept) prior to or at the time of confirmation, as set out in clause 1b.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make suitable alternative arrangements for you at no extra charge.
All prices published in our marketing material and website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence and to correct errors in the prices of confirmed bookings. If a booking is made when it is apparent that a pricing error has occurred, then the booking will not be valid and we can cancel the booking and make a refund to you (unless you wish to pay the correct price). Once the price of your chosen holiday has been confirmed on your confirmation invoice then subject to the correction of errors, we will only increase the price in the following circumstances.
(i) Where the price of transportation increases resulting from the cost of fuel or other power sources;
(ii) Where the level of taxes or fees included in the booking increases, where they are imposed by third parties not directly involved in the performance of your booking, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) The exchange rates relevant to your booking change
If the price increase is greater than 8% of the cost of your holiday (excluding any amendment fees), we will advise you no later than 20 days before your departure date and you will be entitled to cancel your booking within 14 days of us informing you and receive a full refund of all monies you have paid to us (except for any amendment fees). We will absorb any increase in price which amount to 2% or less of your holiday.
If you do not tell us within 14 days that you wish to cancel your booking, we are entitled to assume that you do not wish to do so and will pay the increase in price. Any increase in price must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the revised invoice, whichever is the later.
In accordance with Air Navigation Orders, an infant must be under 2 years of age on the date of their return flight to qualify for infant status. If it becomes a legal requirement for infants to have separate airline seats, we will have to pass the cost of this onto any guest travelling with an infant, in accordance with (ii) above.
It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical (including repatriation) and holiday cancellation, to be valid from the date when the contract between us comes into existence until the holiday is completed. When obtaining travel insurance you must ensure that policy is adequate for the specific holiday and that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that may be considered high risk such as skiing, scuba diving, white water rafting, travel by light aircraft, paragliding, kite surfing, wind surfing, safaris, mountain trekking and so on.
Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, Scott Dunn may, if it chooses, refuse your booking or cancel your holiday. In any event, Scott Dunn will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
It is the Party Leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure (including, without limitation, passports, visas, vaccinations, driving licence and any health documentation as required). You must pay all costs incurred in obtaining such documentation. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Travel and documentation requirements do change and you must check the up to date position in good time before departure, especially with regard to the countries you are visiting (or travelling through) and any requirements on your return See https://www.gov.uk/government/organisations/foreign-commonwealth-development-office
We strongly advise that you contact the relevant embassy(ies) or consulate(s) and your doctor, in good time prior to travel, in order to check the latest advice and regulations, as they can change at short notice. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and do not yet hold a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday, as the UK Passport Service has to confirm your identity before issuing your first passport and may ask you to attend an interview. Many countries require that passports are valid for 6 months after the return date and airline/immigration officials may prohibit entry unless this rule is observed. Please also ensure that the name on the passport corresponds with your airline tickets and that your passport contains at least one completely blank page to allow for immigration stamps. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If you are going on your honeymoon, we suggest you carry your Marriage Certificate. Please note however that airlines now require the name on your passport to match your flight tickets even if you are newlywed, so if you are planning on travelling in your married name make sure you have changed the name in your passport before your holiday.
Many countries require certificates for mandatory vaccinations depending upon recent travel and current policy. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health. Please note that some vaccinations and prophylaxis courses must be started up to 6 weeks before travel. Health requirements and recommendations may change and you must check the up to date position in good time before departure.
If you have any medical conditions or require special assistance, such as wheelchair access, you must inform us of this before purchasing your holiday.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure or inability on your part to carry all required documentation or otherwise comply with any passport, visa, immigration requirements or health requirements and/or formalities. If failure to have any necessary travel or other documents results in costs, charges, expenses, fines, surcharges or other financial penalty being imposed on or incurred by us, you will be responsible for reimbursing us for any and all such costs
Except where otherwise expressly stated in these Terms and Conditions, there may be circumstances where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances (“Force Majeure Events”).
In these Terms and Conditions “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include but are not limited to, political disputes, civil unrest, acts of war, threat of war, riots, terrorist activity (actual or threatened) or its consequences, border closures, industrial action and/ or disputes (actual or threatened), technical problems with machinery, epidemics and pandemics, infectious disease outbreak, health risks, unforeseeable technical problems with transport or equipment, government intervention, natural or nuclear disasters, volcanic eruption, fire, flood or explosion, adverse weather conditions, airport, port or airspace closure, restriction or congestion, flight or other travel restrictions imposed by any regulatory authority or other third party, sanctions and any other action from governments in the UK or overseas and acts of God and all similar events outside our or our suppliers’ control. Force Majeure also includes the UK Foreign Office advising against all travel, or all but essential travel, to any destination, region or country
Travel Differently contracts with third party suppliers to provide most accommodation, services and transport. Bookings may be subject to the additional terms and conditions of our third party suppliers including the regulations and conventions that are applicable to them. Where flights are included in your booking, your journey may be subject to certain conditions of carriage and International Conventions. You agree that the airline and/or transport company’s own conditions of carriage will apply to you on that journey. When arranging this transportation for you we rely on the terms and conditions contained within these International Conventions and those conditions of carriage. You acknowledge that all of these terms and conditions form part of your Contract with us as well as with the those of the airline and/or transport company. You can ask us to provide you with a copy of any conditions applicable to your journey. Third party terms and conditions are available on request. These conditions may limit or exclude liability to you. Many third-party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.
a) Our obligations are to source your holiday arrangements and put together an itinerary which is suitable as per your instructions. We will then forward your payments on to the relevant suppliers to confirm your booking. The actual provision of your holiday arrangements shall at all times and for all elements be performed by third party suppliers, on whose behalf we act as agent.
(b) Notwithstanding (a) above, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. Subject to these Terms & 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 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.
c) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or (iii) unavoidable and extraordinary circumstances or force majeure as defined in clause 9 above.
d) In the event of a potential claim or complaint, the laws and applicable standards of the relevant destination, together with the information provided by us, will be used as the basis for deciding whether the services in question had been properly provided. If the services in question were provided in accordance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK.) Our liability to you (except in cases involving death or personal injury) shall be limited to twice the full cost of your holiday (excluding any amendment charges) paid by or on behalf of the person(s) affected in total, subject to any lower limits or conditions imposed by the relevant EU or international conventions. This maximum amount will only be payable where you have not received any benefit at all from your holiday.
f) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any applicable service provider for the complaint or claim in question.
g) We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract with you or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any claims, losses or expenses which relate to any other business (including any loss of earnings incurred by any client who is self-employed).
h) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 19 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred.
i) Covid-19: Limitation of liability
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(i) If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
a. Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
b. If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 3 (booking transfer);
c. Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
(ii) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
All reasonable care has been taken to ensure that the descriptions, facts or opinions on our website and itineraries are accurate at the time of publishing. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change. Advertised facilities, services, schedules, and laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
a) When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Travel Differently. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances
You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
Please note it is the requirements and standards of the country in which any services, that make up your holiday are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition you must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.
a) It is a requirement of some airlines that all onward and return flights are reconfirmed at least 72 hours before departure. Therefore it is essential that you contact the appropriate airline or our representatives on arrival to reconfirm your flights. Remember to check current timings as they are subject to change and we recommend that, where possible, guests check in on-line 24 hours prior to departure.
b) Many airlines, airports and governments levy a variety of taxes and surcharges including but not limited to departure, arrival, noise, environmental, fuel and security taxes or surcharges, which are often payable locally unless specifically shown on your tickets as being prepaid.
c) If you fail to utilise the outbound portion of your flight ticket the inbound portion will automatically be cancelled.
d) 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 who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of confirmation. Where we are only able to inform you of the likely carrier(s) at the time of confirmation, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 5 “Changes and cancellation by us” will apply.
e) We are not always in a position at the time of booking to confirm the flight timings that will be used in connection with your flight. The flight timings shown on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your final documents approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Please note also your responsibility under 15 above.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/ passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. A delay or cancellation to your flight does not automatically entitle you to ca
We cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The accommodation provided is only for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited.
In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If your complaint is not resolved locally then please contact the Travel Differently office.
If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it.
If we/the supplier is unable to resolve matters whilst you are on holiday and you remain dissatisfied, you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this complaints procedure, your right to claim any compensation may be affected or even lost as a result.
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only, unless, in the case of Court proceedings, you live in Scotland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland as applicable (but if you do not so choose, English law will apply).
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to you or a third party unconnected with the provision of the arrangements, or as a result of failures due to unusual and extraordinary circumstances, and you suffer an injury or other material loss, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
If any problems occur whilst on your holiday, please contact the manager of the hotel or our representative in the region. If this does not resolve the problem, please contact Travel Differently directly. We would much prefer to resolve any problem at source and at the time of occurrence (if possible). Please see our Terms and Conditions for further information.
By accepting these Terms and Conditions, and pursuant to UK legislation, you consent and authorise us to request from the contracted service providers and process any personal information relating to you or your group.
Your personal information and that of your party is important to us. We process your personal information so far as necessary to allow us and our suppliers to deliver your holiday and this may involve the transfer of data outside the EEA. Should you wish to stop hearing from us, by email or by any other means, please email us at firstname.lastname@example.org detailing how you wish us to use and store your personal information.
We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition, please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. Travel Differently will not be held responsible if you fail to provide or comply with relevant API requirements