TERMS AND CONDITIONS
As used herein, the words:
1.1 OPERATOR means Book a holiday with me and any other tour or excursion operator, carrier or person appointed by Book a holiday with me to perform services in connection with the Excursion
1.2 EXCURSION means The package tour, Kitesurfing package, local daily excursions, safari, accommodation or conference advertised or conducted by the OPERATOR
1.3 CLIENT Means: The CLIENT of the OPERATOR and, in the case of a Group, each member of the GROUP.
1.4 GROUP Means: Two or more persons who have been booked together for an Excursion as a group and may join with other group or groups.
2. Protection of Environment
2.1 The CLIENT agrees and undertakes that whilst on EXCURSION he/she will not damage the environment by picking wild flowers and other vegetation, littering, bathing with soaps and detergents in rivers or use insecticides other than those specified by the OPERATOR. Should the OPERATOR require no smoking, the CLIENT undertakes to abide by the OPERATORS decision.
2.2 The CLIENT undertakes to behave in a quiet and peaceful manner showing consideration to the other CLIENTS and wildlife.
3. OPERATORS Instructions:
3.1 The CLIENT hereby agrees to adhere to all instructions given by the OPERATOR (whether given verbally, displayed on notices in vehicles, published in leaflets or other documentation) during the EXCURSION including:
3.1.1 to remain seated in vehicles whilst in motion
3.1.2 to remain in the boat (in the case of boat trips) until it is completely stationery before diving into the water
3.1.3 not to leave vehicles in dangerous areas such as in game reserves
3.1.4 not to leave designated camp sites and picnic spots and to remain within the confines of other areas specified or pointed out by the OPERATOR
3.1.5 to take all safety measures to avoid fire hazards
3.1.6 to take precautions against sun and heat
4 Baggage and Equipment:
4.1 The CLIENT warrants that neither his/her baggage, equipment nor other goods with the OPERATOR is to transport contains any flammable, hazardous or dangerous articles.
4.2 The OPERATOR may in its sole discretion and without giving any reason therefore refuse to carry a CLIENTS baggage and/or photographic equipment and/or any other goods at any time.
4.3 For ‘fly in’ Excursions:
4.3.1 Each CLIENT shall be entitled to no more than (1) bag weighing no more than 20 kilograms. Carry on Luggage 7 Kilograms (dependant on Carrier)
5 CLIENTS Health and Documentation:
5.1 It is the responsibility of the CLIENT to ensure all parties hold a valid passport at the time of travel. Some countries insist on up to 6 months validity after return date. For more information check www.fco.gov.uk.
5.2 A CLIENT not holding a passport marked British Citizen should check with their Embassy or Consulate.
5.3 The CLIENT must make sure he/she has all the necessary valid visa, travel and health documents to comply with the requirements of the country he/she is visiting. Refer to visa links below.
5.4 The CLIENT warrants and acknowledges that his/her general health is good and that there is nothing which renders him/her unfit to undertake an EXCURSION.
5.5 The CLIENT acknowledges that it is his/her responsibility to ensure that he/she is in possession of the necessary travel documents and has complied with all health and other regulations that may be required in respect of the proposed EXCURSION.
5.6 The CLIENT is responsible for his own Health Insurance.
6 Risks, hazards and dangers:
6.1 The CLIENT understands and appreciates fully the fact that there are risks, hazards and dangers included or may be encountered during an EXCURSION.
6.2 The CLIENT acknowledges the potential risks and dangers and hereby voluntarily assumes the risk inherent in taking part in the EXCURSION
a) Malaria in Southern Africa is prevalent, more particularly whilst entering the malaria areas North of the Tropic of Capricorn ie. KwaZulu Natal, Mpumalanga and northwards. Malaria prophylactics must be taken in accordance with the CLIENTS medical practitioner’s advice, before entering the malaria area. (Check 8 weeks before departure).
b) Yellow fever certificates are required if the journey starts or entails passing through the yellow fever belt of Africa.
c) There may not always be protection in the form of fences, buildings and vehicles in which to take cover in potentially dangerous circumstances (while on wild life Excursions – in the wild life parks) and hazards such as potentially dangerous animals, including elephant, lion, hyena, buffalo, leopard, hippo, crocodile, buck, warthog, bush pig, wildebeest as well as poisonous snakes, spiders, insects and plants may be encountered whilst on EXCURSION. (Each CLIENT must be alert to these potential dangers).
d) Rivers and dams may contain bilharzias and sickness may result upon entry into such waters. Swimming, bathing and washing in certain rivers and dams must be avoided.
e) Ocean Swimming is to be with caution. Sharks are prevalent. Swimming is to take place where there are designated life guarding facilities.
f) Book a holiday with me act as agents for licensed tour operators. As travel and booking agents Book a holiday with me act only as Agents for the Principals actually providing the relevant services and with whom THE CLIENTS contract will be made. Book a holiday with me shall not be liable for any act or default on the part of such a Principal or its Agents or Servants.
KITE SURFING EXCURSIONS:
To participate on a course:
a) a medical disclaimer is to be completed upon arrival
b) be injury free
c) be fit
d) be a comfortable swimmer
e) listen to the instructor at all times
f) In the event of a course being unfinished due to adverse weather conditions or stopped for any other reason by the instructor, the CLIENT will be able to book alternative dates on which to return and complete his/her training
g) the CLIENTS lesson starts promptly at the pre-arranged time
h) If the CLIENT is late or does not attend the lesson, he/she will still be charged the full rate
i) Cancellations less than 7 days from when the course commences will be liable for full payment.
j) No course is confirmed until full payment is received
k) All lesson prices shown include full equipment insurance (one on one instruction.) All necessary safety gear and equipment is supplied with an unlimited use of trainer kites included.
l) Book a holiday with me act as agents for licensed tour operators. As travel and booking agents Book a holiday with me act only as Agents for the Principals actually providing the relevant services and with whom the CLIENTS contract will be made. Book a holiday with me shall not be liable for any act or default on the part of such a Principal or its agents or servants.
Notes: Travel Advice and Vaccinations
a) British Citizens should refer to the travel advice posted by the Foreign and Commonwealth Office at http://www.fco.gov.uk/ for all the countries the CLIENT intends to visit. Vaccinations may be required for some or all of the places intending to be visited. It is the CLIENTS responsibility to ensure that he/she has arranged necessary vaccinations for the itinerary
b) Exposure to the sun and heat – directly or indirectly – and the serious sunburn and heat exhaustion may result from unprotected exposure. (Care must be taken for adequate protection and fluids to be drunk).
Visa – refer to the following website to acquire a Cyprus Visa if you are outside of the European Union http://www.cyprusvisa.eu/
Visa – refer to the following site to acquire a Vietnamese Visa: http://www.myvietnamvisa.com/products.html
refer to the following site to acquire a South Africa Visa
7.1 The OPERATOR shall be under no liability to the CLIENT for any claim which may arise in respect of or in connection with the EXCURSION and the CLIENT hereby renounces for himself, members of his group and dependents all claims against the OPERATOR for compensation for injury, damage or loss, whether sustained on a vehicle, embarking or disembarking from a vehicle or in a game reserve, hotel or lodge or elsewhere or as a result of delays or otherwise, caused directly or indirectly to him/her or his/her belongings, members of his group and his/her dependants or to persons who, except for these conditions, might have been entitled to make a claim howsoever arising and whether caused or occasioned by any grossly negligent act or omission or default by the OPERATOR.
7.2 The carriage, handling or keeping of any baggage and for other goods of the CLIENT will be at the sole risk of the CLIENT or its owner and the OPERATOR shall not be liable for any loss or damage of whatsoever nature and howsoever and howsoever caused.
7.3 Whilst the OPERATOR will use its best endeavours to ensure that all anticipated transport, accommodation, food, drinks and other such services are available as planned, there shall be no claim of any nature whatsoever against the OPERATOR for a refund, either in whole or in part or of any other claim of any nature whatsoever including consequential damages as a consequence of any transport, accommodation or other facility attached to the EXCURSION not being available.
7.4 All exclusions or limitations of liability claimable by the OPERATOR shall apply to and may be claimed by agents, servants and representatives of the OPERATOR as fully and as effectually as if they were the OPERATOR.
8.1 It shall not be obligatory upon the OPERATOR to arrange insurance on behalf of the CLIENT.
9.1 The CLIENT hereby indemnifies and holds harmless the OPERATOR:
a) against any claim which may be made by the CLIENT and the CLIENT’s dependants or any member of his group against the OPERATOR, and
b) against any damage or loss that the OPERATOR may suffer through any act or omission of the CLIENT howsoever caused.
9.2 The CLIENT hereby agrees to sign any reasonable further indemnity provided for at game parks, museums and historical sites and to conform with the game park regulations, museum and historical site regulations and customs, immigration and health regulations of the territories or countries to be visited or traversed. If the CLIENT is restrained and is unable to continue the EXCURSION for any reason whatsoever by the authorities of any country, he/she shall have no claim for further carriage or rebate against the OPERATOR.
10 Booking and Payment:
10.1 Payments of all amounts due to the OPERATOR shall be made free of exchange and any other charges at the OPERATORS address in Euros or such currency acceptable to the OPERATORS bankers and without demand and free of any deduction of set-off on the due date of payment. Any amount not paid on due date shall bear interest at the rate of 2% per month from the date if falls due until it is paid.
10.2 To confirm a reservation, a 25% deposit or such an amount as advised by the OPERATOR must be received by the OPERATOR by telephone, email or written confirmation of the booking.
10.3 Acceptance by the OPERATOR of the deposit shall not constitute acceptance by the OPERATOR of the booking. Acceptance by the OPERATOR of the booking shall be evidence by the forwarding to the CLIENT or his agent of an invoice indicating an amount due and/or owing by the CLIENT to the OPERATOR and the document shall constitute the contract which shall deem to have been concluded where the OPERATOR carries on business.
10.4 The CLIENT, having placed his/her booking shall not be entitled to withdraw or cancel the same without the operators written consent first hand and obtained hereto Cancellation 14.1
10.5 EXCURSION includes the services specified in accordance with the itinerary issued by the OPERATOR but do not include the cost of flights, visas, vaccinations, insurance or such other items which are not specified.
10.6 Book a holiday with me accept Payments via Direct transfer or Paypal Facility. These options & links would be sent to the CLIENT when payment is due.
11.1 The OPERATOR reserves the right, without giving further notice, to raise use of any photographs or film taken of the CLIENT during the EXCURSION for general publicity purposes without payment or further permission from the CLIENT.
12 Breach and Nuisance:
12.1 If the CLIENT breaches any obligation in terms of this agreement or if the CLIENT constitutes a nuisance to the OPERATOR or any other CLIENT, the OPERATOR shall be entitled to terminate the CLIENT’s group and refuse to permit the CLIENT or any member of his group to continue with the EXCURSION. In these circumstances the CLIENT or any member of his group, at his/her cost and responsibility shall make his/her own travelling arrangements from the point of termination. In these circumstances, the OPERATOR shall not be liable to make any refund to the CLIENT and the latter will have not claim for transport of any nature whatsoever against the OPERATOR.
13 Early Termination and Deviation:
13.1 If for any reason illness or injury, the CLIENT no longer wishes to continue with the EXCURSION, then the CLIENT at his/her cost shall make his/her own travelling arrangements as the CLIENT so chooses. If the OPERATOR is obliged to deviate from the proposed rule as a consequence of injury or illness of the CLIENT or member of his group or for such other reason as a CLIENT may require, that CLIENT shall be responsible for all additional costs arising out of the deviation.
13.2 The OPERATOR considers that the contents of its brochure, pamphlets and the advertising material is correct at the time of printing and services described therein are subject to change or withdrawal without further notice.
13.3 It is important to note that during the course of an EXCURSION, weather, road conditions, mechanical breakdown or any other unforeseen reasons beyond the control of the OPERATOR can influence the performance of the EXCURSION. Although delays are rare, considering some touring conditions, the policy (without limiting the foregoing exclusions and exemptions) in such event is to provide free of charge the vehicle, all camping equipment and personal services. But personal expenses, meals, alternative accommodation and all resulting costs, including the costs of flying home are to be by the CLIENT. It is recommended that the CLIENT take out travel insurance for this eventuality.
14.1 Cancellation of the EXCURSION or accommodation conducted by Book a holiday with me is to be in writing and is only effective on receipt of such notification. Refunds will be at the discretion of the OPERATOR.
14.2 Cancellation more than 45 days before departure, the deposits is forfeited.
14.3 Cancellation more than 30 days before departure, 50% less bank charges of the full fee may be refunded
14.4 Cancellation more than 15 days before departure, 25% less bank charges of the full fee may be refunded.
14.5 Cancellation within 14 days before departure – 100% of fees will be payable with no refund
14.6 This cancellation policy must be read in conjunction with the ‘Terms and Conditions’ of the particular accommodation and/or service provider, and in some instances, the terms and conditions of such accommodation and/or service provider may take precedence.
DEPOSIT PAYMENTS ARE NOT REFUNDABLE.
15 Force Majeure:
15.1 The OPERATOR cannot accept liability or pay any compensation where the CLIENT package holiday is cancelled, curtailed, delayed or in any way changed or where the performance or prompt performance of the OPERATOR’S contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to ‘Force Majeure’. Force Majeure does not constitute either change or cancellation by THE OPERATOR and should be covered by THE CLIENTS travel insurance. Such circumstances include, but are not limited to, war or threat of war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and all similar circumstances outside THE OPERATORS control.
16 Data Protection:
16.1 The booking information that THE CLIENT provides to Book a holiday with me will be passed on only to the relevant suppliers of THE CLIENTS travel arrangements or other persons necessary for the provision of THE CLIENTS travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that THE CLIENT gives to Book a holiday with me such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
16.2 If THE CLIENT travels outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If Book a holiday with me cannot pass this information to the relevant suppliers, whether in the EEA or not, Book a holiday with me will be unable to provide THE CLIENTS booking. In making this booking, THE CLIENT consents to this information being passed on to the relevant persons.
17 This Contract:
17.1 This contract shall be deemed to be made at the Registered Office of Book a holiday with me, at 302 Collossos, Larnaca, Cyprus, 6041.