The following terms and conditions (‘booking conditions’) form the basis of your contract with Journeys of Distinction Limited. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to ‘holiday’, ‘booking’, ‘contract’, ‘package’, ‘tour’ or ‘arrangements’ mean such holiday arrangements unless otherwise stated. In these booking conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and ‘lead name’ means the person who makes the booking. ‘We’, ‘us’ and ‘our’ means Journeys of Distinction Limited.
1 Before you go
1.1 Price Guarantee
All prices quoted are correct at the time of printing (December 2011). Brochure prices can go up or down. Before you make a booking we will give you the up to date price of your chosen holiday, including the cost of any peak season supplements, fuel surcharges, upgrades or additional facilities which you have requested. Once you have accepted this price and a booking has been made, that price is fully guaranteed and will not be subject to any surcharges.
1.2 Price Includes
The services of a Journeys of Distinction Tour Manager as described in the individual tour itinerary (refer to point 1.4), Blue Badge guides as described in the individual tour itinerary, coach travel as per the itinerary, accommodation as specified in the itinerary with private facilities, sightseeing and meals specified in the itinerary.
1.3 Not included
Excursions or activities booked during your holiday. Telephone, laundry, items of a personal nature, drinks and meals not indicated. Gratuities to drivers, guides or Tour Managers. Other tipping.
1.4 Operation of Tours
All tours will be fully escorted by a Journeys of Distinction Tour Manager from and returning to Stratford Upon Avon. Clients who book a tour extension will not be escorted for that portion of their holiday. All tour departures operate subject to a minimum number of passengers travelling (refer to point 4.4).
1.5 Baggage Responsibility
Although every effort is made to handle passengers’ luggage as carefully as possible, we cannot be responsible, assume liability or accept claims for loss or damage to luggage and personal effects due to breakage, theft, or fair wear and tear through hotel handling. It is important for your own self- interest and protection that you make certain you have adequate insurance to cover these eventualities.
1.6 Vehicle Seating Arrangements
To enable all passengers to have a choice of views each day, Journeys of Distinction operate a policy of seat rotation, meaning your place on the appropriate transportation will change daily. Your Tour Manager will arrange this locally each day to avoid any confusion. So that we will not show partiality among passengers, exceptions to this arrangement cannot be made.
1.7 Accommodation
Accommodation in all hotels is in standard room for 2 people sharing based on either a twin or double room. A request can be taken for your room preference but this can not be guaranteed.
1.8 Single Travellers
It is an unfair fact of life that single travellers often have to pay a supplement. Unfortunately the majority of hotels price their rooms as doubles and do not reduce the rates if the room is occupied by a single person. The costs to the hotel of providing the room, heating, lighting, cleaning etc are the same regardless of how many people occupy that room and subsequently Journeys of Distinction charge a single supplement on all holidays.
1.9 General Health Requirements
The tour is suitable if you have any disability or have reduced mobility. However in the interests of safety and comfort for all groups as a whole, you must be fit enough to participate or alternatively you must have an able bodied carer to assist you on the tour.
1.10 Disability or a medical condition
If you have any medical condition or disability which may affect your holiday or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any significant change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
1.11 Meals
If you pre-purchase one of the Dining Packages the hotel will provide you with a menu and choices relevant to the Journeys of Distinction tour group.
1.12 Smoking
Smoking is not permitted on any motor vehicle or in any hotel.
1.13 Special Requests
Where special requests e.g. diet, room location, twin or double bedded room and/or particular meals etc. are an important factor in your holiday you must advise us when the booking is made. We are happy to pass your request on to the hotel but cannot guarantee that it will be accommodated. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this).
1.14 Weather
World weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions.
2 Booking & paying for your holiday
2.1 Your Commitment
When you or your travel agent wish to confirm a holiday booking you must pay a deposit of £250 per person (refer to point 2.3). The deposit will only be refundable as set out in these booking conditions. When you make a booking you are confirming that you understand and have accepted our booking conditions on behalf of yourself and all members of your party. All contracts with Journeys of Distinction are made subject to these booking conditions and are subject to English law and the jurisdiction of the English Courts. We reserve the right in our absolute discretion to refuse to accept any booking without necessarily specifying a reason. When booking your holiday, if you wish to make a modification to a holiday shown in the brochure we will try to assist. Additional services will be quoted for upon request.
2.2 Our Commitment
Your contract is with Journeys of Distinction Limited trading as Journeys of Distinction whose trading address is No 1 Lakeside, Cheadle, Cheshire, SK8 3GW. We will arrange to provide you with the various services which form part of the holiday you book with us. Before your booking is confirmed and a contract comes into existence we reserve the right to increase or decrease brochure prices (see point 1.1) or to change any of the information contained in this brochure. Changes will be made known to you before you book. A booking is not accepted until we issue an invoice. The date shown on the invoice, which will be sent to you is the date of booking. It is important to check the details on the invoice when you get it. If any details appear to be incorrect or incomplete, please contact us or your Travel Agent immediately as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. 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. When you buy an ABTA protected holiday from us you will receive a confirmation invoice from us (or via our authorised agent) confirming your arrangements and your protection under ABTA. In the unlikely event of our insolvency you are not left stranded and will arrange to refund any money you have paid to us for an advance booking. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
2.3 Paying for your Holiday
When you wish to confirm a holiday booking you must pay a non-refundable deposit of £250 per person. After your booking is taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due. Full payment must be received no later than 8 weeks before the departure date. If you are booking a tour within 8 weeks of departure, full balance will be payable at time of booking. All money paid by you to one of our authorised travel agents for your holiday will be held by the agent on our behalf until paid to us. If we or your travel agent have not received full payment at least 8 weeks before departure, we reserve the right to treat your booking as cancelled by you and forfeit your deposit by way of cancellation. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in 3.3 depending on the date we reasonably treat your booking as cancelled.
2.4 Credit Cards
We accept various methods of payment however please note that if you choose to pay by credit card, there will be a charge levied. You can of course opt for an alternative method of payment i.e. cheque, debit card or bank transfer.
2.5 Pricing errors
Whilst we endeavour to ensure that the most up to date and correct prices are shown on our website and in our brochure, there may on occasion be an incorrect price, due to an unfortunate error. When we become aware of any such error, we will ensure that we act promptly and will endeavour to notify you at time of booking (if we are then aware of the mistake) or within 7 days of the time of booking, or as soon as reasonably possible. We must reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the holiday in which case, you will be given the choice to amend your booking to an alternative holiday, at the correct price.
2.6 Travel documents
Approximately 10-14 days before departure you will receive your travel pack together with an itinerary.
3 If you want to cancel or change your holiday
3.1 Alteration to a Confirmed Booking
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent. If it is possible to make the change, it will be subject to an administration charge of £100 per person, and payment of any further costs incurred as a result of the change. If we agree that you may change your booking to a holiday of lower value, and then you cancel that holiday, we reserve the right to levy cancellation charges on the value of the original booking. Alteration of a booking within 8 weeks of the departure date may also incur additional cancellation fees. Once your holiday has commenced any alterations that you may wish to make to the booking are outside of our control and Journeys of Distinction can accept no liability for your alterations, financial or otherwise, once your holiday has commenced.
3.2 Transferring Bookings
If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person’s booking being transferred to another person (introduced by you) who satisfies all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers in order to make the transfer. We must be given at least 14 days notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 8 weeks before departure, requests to transfer your complete reservation to a later tour date, or to transfer to the following season, received less than 8 weeks prior to your original departure date, will be treated as a cancellation and rebooking.
3.3 Cancelling Your Holiday
If you or anyone on your holiday booking decides to cancel the holiday, the lead name must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the lead name. Cancellation will take effect from the day that written confirmation is received. A cancellation invoice will be sent to you within 7 days, if you do not receive this please contact us immediately in order to prevent an increase in charges. The following scales of charges will be payable, depending on when notification of cancellation is received. Amendment charges are not refundable in the event of cancellation. References to the deposit include all sums paid or payable at the time of booking.
Period prior to departure notice of
cancellation is received by us or your
travel Agent |
Cancellation charge per person cancelling |
| Up to 56 days prior to departure |
Deposit forfeited |
| 55 – 31 days prior to departure |
85% of total holiday cost |
| 30 days or less prior to departure |
100% of total holiday cost |
Once the holiday has commenced, no refund will be made. In the event of a confirmed room reverting to single occupancy as a result of one or more passengers cancelling, in addition to the cancellation charges for the customer no longer travelling, the single occupancy supplement will apply to the remaining customer in the room remaining as single occupancy.
4 If we want to cancel or change your holiday
4.1 Brochure Accuracy
All the facts pertaining to hotels in this brochure have carefully been checked and re-checked for accuracy, to ensure it is correct to the best of our knowledge at the time of going to press on December 2011. However, as brochures are prepared well in advance, advertised descriptions, facilities and services may change, be renovated or improved by the hotelier at any time, in low season especially, and facilities may become unavailable e.g. a swimming pool may be emptied for cleaning or a restaurant closed for refurbishment at short notice. It should also be noted that hotel service standards and vehicles may well be affected during high season. Final details will be shown on your tickets. Itineraries may change as a result of local conditions. Circumstances such as these,or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised in our brochure. Whilst this is beyond our control, any major changes to facilities of which we are notified will be advised to you whenever possible prior to travel. The photographs used in this brochure are representative of the country visited and not necessarily included in the tour itinerary. This brochure with details contained therein supersedes any previously issued brochure.
4.2 Building & Development Work
Many hotels continue to develop, often with little or no advance warning, whilst general refurbishment at hotels is necessary to maintain standards. Whilst we have no control over such work, where this can reasonably be expected to have an affect on your holiday we will endeavour to notify you as soon as possible, however near to your departure this may be.
4.3 If we change or cancel your holiday before your departure
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers such as coach companies, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, occasionally, changes are significant. A significant change includes using a hotel of a lower grade. We do our best to avoid cancelling a holiday but we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of ‘force majeure’ as defined below (see point 4.5). Please note, some of our holidays require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular holiday has not been received, we are entitled to cancel it (see point 4.4). If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a)(for significant changes) accepting the changed arrangements; or (b) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. If we have to make a significant change or cancel we will, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above). 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 booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
Period before departure within which a significant
change or cancellation is notified to you or your travel agent |
Compensation Per Person
|
| More than 56 days |
NIL |
| 55 – 31 days |
£20 |
| 30 days or less before departure |
£50 |
4.4 Minimum Numbers
All tours are subject to a minimum number of passengers travelling in order to operate. We will advise you at least 8 weeks before departure if minimum numbers have not been reached. If the minimum numbers of bookings required for a particular holiday has not been received, we are entitled to cancel it. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost, or having a refund of monies paid. No compensation will be payable and we are unable to offer refunds of any associated costs.
4.5 Changes or cancellations due to circumstances beyond our control
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation 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 ‘force majeure’. In these booking conditions, ‘force majeure’ means any event or circumstances 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, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and other situations which are outside our control, including unavoidable technical problems with transport.
4.6 If we curtail your holiday after departure
Very rarely, we may be forced by ‘force majeure’ (see point 4.5) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
5 Our Commitment to you for your Holiday Arrangements
(a) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). (b) 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: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- 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
- ‘force majeure’ as defined in 4.5
(c) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected. (d) Subject to (b) above, if you are killed, injured or become ill during or as a result of, carriage (including the process of getting on and/or off the transport concerned) forming part of the holiday arrangements booked before departure from the UK and to which any international convention or regulation applies, our liability to pay compensation and/or the amount of compensation we will pay is limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request. (e) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. (f) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the arrangements in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to (a). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care. (g) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
(h) If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make. (i)Operational decisions may be taken by the coach company resulting in delays, diversions or rescheduling. Journeys of Distinction has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of force majeure we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions.
In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (d) where applicable. (j) Locally Booked Excursions/Activities. Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Journeys of Distinction, and for whom Journeys of Distinction acts only as an agent (if we make a booking for you).If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your contracted holiday arrangements with us. The contract will be subject to the excursion/activity provider’s terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Journeys of Distinction accepts no liability for any breach of contract or act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy.
6 On holiday
6.1 Behaviour
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger, upset or damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid and we will have no further responsibility for your holiday arrangements including return travel.
6.2 Lost Items
If you lose any personal items whilst on holiday, please report this immediately to your Tour Manager who will assist you in obtaining a written report from a local representative, or police, to help with any insurance claim upon your return.
6.3 If you have a complaint while you are on holiday
If you have cause for complaint whilst on holiday, you must bring it to the attention of our Tour Manager immediately. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.
6.4 Curtailment
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 the remainder of your holiday not completed, or assist with 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.
6.5 Local Purchases
We cannot accept responsibility for any items you may purchase locally e.g.: jewellery/furniture etc and the quality and value of such cannot be guaranteed.
7 ABTA membership
Journeys of Distinction Ltd is a Member of ABTA with membership number V1905. Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of
Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA Ltd, 30 Park Road, London SE1 9EQ or www.abta.com
8 Claims & complaints
If you fail to notify the Journeys of Distinction Tour Manager of any complaint we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract. Further, you have a legal duty to tell the supplier of the services or facilities about which you complain as soon as possible. Failure to do this will affect your legal rights and will also reduce, annul, or extinguish any right which you may have for compensation. If a problem cannot be resolved then we request details of the complaint, in writing, within four weeks of your return. If you make a complaint we promise to deal with it fairly and promptly within the terms of these conditions.
9 Arbitration
We certainly hope that we can settle any holiday complaints amicably. However, disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims, which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within 1 year of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. 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 which arises between us (‘claim’) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see above) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. 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 claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
10 Data Protection Policy
For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (‘sensitive personal data’). All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us. Appropriate personal data will be passed on to the relevant suppliers of your arrangements and any other third party (including banks and/or credit card issuers) who need to know it so that your holiday can be provided. The information may also be provided to government / public authorities such as customs, immigration and the security services if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. We may disclose personal data to companies in the Kuoni Group for business purposes and to companies who act as data processors on our behalf. On occasions, we may use other companies to provide services on our behalf, such as mailing brochures and marketing material. We only provide third parties with the personal data they require in order to deliver their services. Other than in relation to government / public authorities (over whom we have no control), we will take appropriate steps which are intended to ensure that anyone to whom we pass your personal data for any reason agrees to keep it secure and only uses it for the purposes of providing their services. If we cannot pass personal data to the relevant suppliers or any other third party as applicable, whether in the EEA or not, we will be unable to fulfil your booking. ‘In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data/ Your personal data may be stored, used nd otherwise processed within the UK and/or any other country(ies) of the European Economic Area (EEA). EEA countries are all member states of the European Union together with Norway, Iceland and Liechtenstein. We may also store, use or otherwise process personal data outside the EEA. Data protection laws may not be as strong outside the EEA as they are in the EEA. Personal data will not be transferred to a country outside the EEA unless (1) the country to which it is transferred is one which the European
Commission considers to provide an adequate level of data protection or (2) the personal data is transferred to a United States company which has signed up to the Safe Harbour scheme or (3) the personal data is transferred to a company which is required by our contract with them only to deal with the data in accordance with our instructions and to maintain appropriate security to protect the personal data which we are satisfied they have or (4) we are obliged to provide the personal data to a government / public authority in order to provide your holiday. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling. For example, if you contract an infectious illness whilst onholiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately. We would also like to store and use your personal data for future marketing purposes (for example, sending you a brochure, special offers or other marketing material) unless you have told us that you do not wish us to do so. All personal data you give us (including sensitive personal data) will be kept but we will use only names and contact details for marketing purposes. If you do not wish to receive future marketing material, please notify us by writing or by e-mail to sales@jod.uk.com. You are generally entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal data which we are processing is incorrect, please contact us immediately.
11 Travel insurance
We will ask you to provide the details of your insurance. It is important that you have insurance cover and that it is adequate and suitable for your particular needs. If you fail to take out insurance and have to cancel your booking, you will be charged in accordance with our normal terms and conditions – see 3.3 – Cancelling your holiday. Furthermore, if you require medical/any other form of assistance whilst on holiday you will not be covered and you in turn may incur significant costs. Please read your policy details carefully and take them with you on holiday.
12 Law and Jurisdiction
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 which arises between us (‘claim’) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see above) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. 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 claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
ACKNOWLEDGMENTS: Photographs within the brochure are courtesy of Getty Images, Shutterstock, iStock, Visit Britain and hotel groups.
Important Information
Royal Shakespeare Company
Please note that as the RSC is a busy producing theatre company not all spaces, including the auditoria, will be available as part of a tour. Access to these spaces is subject to availability around rehearsal and technical work. The RSC reserve the right to cancel a tour in the event of a change to their production schedule.
York Minster
The Dean and Chapter of York Minster reserve the right to cancel a group booking or to not provide a guide for a tour. This may be because a volunteer guide is not available or because a funeral or other large service requires a closure of the Minster. York Minster are unable to provide us with advance warning.
All other included excursions
We reserve the right to replace brochured sightseeing with an alternative should it become unavailable for any reason. In the event there is not a suitable replacement a refund will be provided for the component which is no longer possible. In the event of a train timetable change or a service not operating transportation will be provided by coach.