These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Rabbie’s Trail Burners Limited (trading as Rabbie’s Trail Burners), 22 Rose Street, Edinburgh, EH2 2QA, company number SC164516 (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Please note, when purchasing more than one travel service (i.e. accommodation and guided tour) at the same time that is not a Linked Travel Arrangement, this booking will be a Tour Package and your contract will be with Rabbie’s Experiences Ltd, where the applicable terms and conditions for such bookings will apply.
Prior to confirmation of your booking, we will confirm what type of holiday you have booked with us, who you are contracting with and what Booking Terms and Conditions apply to your booking.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
he/she accepts that if a resident outside of the United Kingdom (“UK”) or the European Union (“EU”), certain rights which may be afforded to UK or EU residents, will not be afforded to residents outside of these territories. Please see condition 21 and Section B below for further detail.
Please Note: We act in the following capacities:
As a result, our obligations to you will vary depending upon whether you book a Linked Travel Arrangement with us or, a single service booking. Our differing obligations are set out below, in the following separate sections:
Section A contains the conditions that will apply to all bookings you make with us;
Section B contains the conditions which will apply when you make a Linked Travel Arrangement booking with us where we act as the Principal; and
Section C contains the conditions which will apply where you make a single-service booking with us, where we are acting as Principal.
SECTION A – APPLICABLE TO ALL BOOKINGS
This section applies to all bookings made with us. Please read this section in conjunction with the relevant section below which is applicable to your booking.
Booking & Paying For Your Arrangements
Bookings can be made through our website at www.rabbies.com, by telephone, in person at our booking office or by contacting us by email at tours@rabbies.com
For scheduled tours (single day tours, tours of more than one day, with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points), full payment will be required at the time of booking. In some circumstances, we may require a deposit at the time of booking and full payment at a later date but we will advise you of this and provide full details of amounts and due dates at the time of booking.
Upon receiving payment, we will issue you a booking confirmation which will confirm the details of your booking. Upon issuing the confirmation invoice, a binding contract between you and us will then come into existence. If your booking confirmation or any other document are wrong, you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
Where a deposit is initially made (rather than full payment at the time of booking) the balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days (unless notified otherwise at the time of your booking) prior to scheduled departure when you make a booking with us. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you and in which case the cancellation charges set out in Section A-C will become payable.
Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Changes by Us
We shall do everything reasonably possible to provide your tour and/or services as planned.
We reserve the right to alter all routes, schedules, itineraries, attractions, accommodation, services and modes of transport where required to do so. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date and will endeavour to provide alternatives of a similar standard, nature and/or value.
In the unlikely event that we are required to significantly alter a material part of your tour, we will notify you as soon as possible in order to enable you to decide how you wish to proceed. In any such event you will be entitled to:
take an alternative tour of equivalent or higher value, if we are able to offer that, or
take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or
cancel your booking and obtain a full refund of all monies paid by you.
Changes by You
If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.
Where we can meet a change request made by you, any changes made may be subject to an administration fee. In addition, you may also be required to meet any extra costs incurred by us (and any costs or charges incurred or imposed by any of our suppliers) in making the requested change. Where we are unable to meet your change request and you no longer wish to travel on the basis of the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined in these terms.
If, once your booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your booking to someone else (introduced by you, and who satisfies all of the conditions applicable to the booking) provided that:-
i. we are notified of this in writing at least 7 days prior to departure;
ii. an administration fee per person transferring (as advised by the Company) is paid;
iii. you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our accommodation providers or other suppliers, and
iv. the transferee agrees to these conditions and all other terms of the contract between us.
For the avoidance of doubt, no transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by us.
Cancellation by Us
We will only cancel tours due to unavoidable and extraordinary circumstances which are out of our control or which might jeopardise your safety. If we cancel your tour then we will notify you as soon as possible and we will always refund you, in full, for all sums paid by you.
If You Cancel & Our No Show Policy
If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible - the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.
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One Day Tours & Half Day Tours (UK) |
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|---|---|
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Cancellation 24 hours or more before tour departure |
No charge |
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Cancellation less than 24 hours before tour departure |
100% of tour price |
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In the event of ‘no show’ |
100% of tour price |
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Extended Tours (UK) : Two to Nine Day Tours |
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|---|---|
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Period before tour departure in which you notify us |
Cancellation Charge |
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More than 15 days before departure |
10% of tour price |
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Less than 15 days before departure |
100% of tour price |
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In the event of ‘no show’ |
100% of tour price |
|
Extended Tours (UK): 10+ Day Tours |
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|---|---|
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Period before tour departure in which you notify us |
Cancellation Charge |
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More than 21 days before departure |
10% of tour price |
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Less than 21 days before departure |
100% of tour price |
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In the event of ‘no show’ |
100% of tour price |
PLEASE NOTE:
Special Requests
Any special requests must be advised to us at the time of booking e.g. seat allocations, diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact feedback@rabbies.com
If the problem cannot be resolved and you wish to complain further, you must send an email of your complaint to feedback@rabbies.com, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this condition may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Disabilities and Medical Problems
It is your responsibility to ensure that you are fit to travel on the departure date. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Refusal of Travel
We, along with our suppliers or our supplier’s staff, reserve the right to refuse to carry any person if we find it appropriate to do so. If you have any concerns regarding other travellers during your holiday, please contact your Rabbie’s representative immediately. Failure to do this may affect ours and the applicable supplier’s ability to address your concerns.
In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.
Excursions
Excursions or other arrangements that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other arrangement that you book, your contract will be with the operator of the excursion or arrangement and not with us. We are not responsible for the provision of the excursion or arrangement or for anything that happens during the course of its provision by the operator.
Entry, Passport, Visa & Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 10 weeks before your arrangements. 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. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).
For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe
Luggage
As we operate our tours in mini-coaches our luggage space is limited and we operate under strict legal weight regulations for safety reasons.
Unless otherwise notified, passengers are restricted to one medium sized suitcase/bag similar to airline standard carry-on luggage, with a maximum weight of either 14kg (31lbs) or 20kg (44lbs).
As a guideline, the dimensions of a 14kg bag should be approximately 55cm x 45 x 25 (22ins x 17 x 10). You can also bring a small, lightweight bag for personal items to carry with you on the vehicle.
As this is a legal requirement, we reserve the right to refuse to carry luggage over this weight/size and may refuse travel for passengers who do not have arrangements in place to store excess baggage. Please see our FAQs for information on luggage and storage facilities.
Luggage is carried free of charge but at the passenger's own risk. It is the passenger's responsibility to ensure that luggage is fit for travel, i.e sturdy and waterproof. Travellers have to be able to lift their own luggage. You may have to carry your bag to and from your accommodation.
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the transport supplier concerned immediately.
Holidays that include Rail Travel
Please note, once your train ticket has been collected, it is non-amendable and non-refundable unless the service is cancelled or delayed. We recommend arriving 45 minutes prior to your departure to allow enough time to collect your ticket and locate your platform. Please refer to the rail provider’s Terms and Conditions which will apply to your rail booking for further train service details. These will be provided to you upon booking.
If your train is delayed by more than 15 minutes, or is cancelled, please contact us and we will provide assistance in arranging public transport alternatives. Depending on the specific circumstances and availability of transport options, your itinerary may be rearranged to bring you to an alternative meeting point. In this case, or if alternative transport cannot be arranged, we will provide compensation for any missed portion of your holiday.
We are not liable for compensation due to missed train departures. You can contact us for assistance in this case.
We do not offer flights and we are not responsible for any flight you may otherwise book. In the event that you make such booking, please read your flight terms and conditions carefully. You may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Contact your airlines or the third party you made a flight booking with for more information.
Please note in it is your responsibility to reach the departure point and board the vehicle (as applicable) prior to the noted departure time detailed on your itinerary. If you and your party are not present at the noted departure time, we reserve the right to identify this as a ‘no show’ and apply our cancellation terms outline in condition 8.
Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight.
Residents outside of UK or EU
Certain bookings made with us, (Linked Travel Arrangements or Packages), may be governed by particular regulations which afford certain rights to residents of such countries. Such regulations include:
Package Travel Directive (EU) 2015/2302 for EU residents; or
The Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”) for UK residents.
Please note where you are not a UK or EU resident, such rights may not be afforded to your booking. Please contact us for further information.
22. Promotional Codes
We (or third parties on our behalf) may from time to time issue promotional codes for use in booking our holidays, which may provide a discount on the price of your booking. Promotional codes shall be valid only during the dates stated (and for the holidays/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes are not redeemable for cash and may be withdrawn by us at any time, at our discretion. Promotional codes may not be used in conjunction with any other offer. All holidays are subject to availability.
SECTION B: LINKED TRAVEL ARRANGEMENT BOOKINGS
This section only applies to Linked Travel Arrangements booked with us, where we are acting as the Principal (please see condition 23 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
Definition of Linked Travel Arrangement
A “linked travel arrangement” will be created when you purchase at least two different types of travel services from us, which you have purchased for the purpose of the same trip or holiday and which do not create a Package, if:
on the occasion of a single visit to our website or during a single phone call with us you separately select, book and pay for each travel service; or
if after you have made a booking, we send you targeted advertising that results in you purchasing a separate travel service, from another company, and that purchase is concluded at the latest 24 hours after the confirmation of your booking of the first travel service with us.
Most commonly, therefore, it will be the case that a linked travel arrangement will be created where you separately book one Travel Arrangement with us and we send you targeted advertising resulting in you purchasing a second Travel Arrangement (within 24 hours of the conclusion of the first Travel Arrangement booking) through us for the purposes of the same trip, where you contract with a separate supplier/principal for each Travel Arrangement booked.
Where we sell you Travel Arrangements in such a way as to create a linked travel arrangement, we will inform you that this is the case.
You may decide to book multiple Travel Arrangements at the same time for the purpose of the same trip. However, at no point do we offer or sell multiple Travel Arrangements at an inclusive or total price. The prices for each individual Travel Arrangement are always shown as a separate charge and you will be directed to make payment separately for each individual Travel Arrangement, whether via the Website or directly to the supplier/principal. This means that your booking does not and will not constitute a “Package” as defined in the PTRs or the Package Travel Directive (EU) 2015/2302 (as applicable).
Our Obligations for Linked Travel Arrangements
It is important to note that where you purchase a linked travel arrangement, you will not benefit from all of the rights afforded to consumers which apply to package purchases under the Package Travel Directive (EU) 2015/2302 (for EU residents) or the PTRs (for UK residents).
We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. In case of problems please contact the relevant supplier/principal.
If you book Travel Arrangements in such a way as to create a linked travel arrangement and you reside within the UK or the EU (if not, please see condition 21), we will be required to provide a limited form of financial protection for the Travel Arrangements purchased. In this regard we have, as required by the Package Travel Directive (EU) 2015/2302 for EU residents, or as required by the PTRs for UK residents protection in place to refund your payments to us for services not fully performed because of our insolvency and (where necessary and applicable) for your repatriation.
Please note this protection:
Insolvency Protection
Please note this condition 25 only applies to those who reside either within the United Kingdom (condition 25(A)) or for those who reside within the Republic of Ireland (conditions 24(B)).
(A) Linked Travel Arrangements for UK Residents
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Rabbie’s Trail Burners Limited ABTOT number 5396, and in the event of their insolvency / financial failure, protection is provided for the following:
ABTOT cover for LTAs extends only to the transport arrangements; your accommodation provider remains responsible for fulfilling your accommodation. ABTOT will provide for a refund of your transport costs in the event you have not yet travelled or repatriation if you are on a trip.
Please note there is no repatriation cover if your LTA does not include transport provided by Rabbie’s Trail Burners Limited.
Please note that your LTA is not covered under ABTOT if you have only purchased transport from Rabbie’s Trail Burners Limited and have arranged accommodation yourselves.
Please note that bookings made with Rabbie’s (Ireland) Limited are not covered by ABTOT.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
(B) Linked Travel Arrangements for Irish Residents
Irish Total Payment Protection (topp) Policy cover:
In compliance with The Package Holidays and Travel Trade Act 1995 (Republic of Ireland), an insurance policy has been arranged with Arcus Solutions, to protect Republic of Ireland customers’ prepayments in the unlikely event of our financial failure, and paid in respect of:
In the unlikely event of financial failure please contact the claims helpline on +44 (0) 1702 811397. A copy of the policy is available on request.
This policy is provided by:
Arcus Solutions – 3 Cours Charlemagne, 69002 Lyon – SARL au capital de 1 000€ – Téléphone: +44 (0) 207 065 5300. www.arcus-solutions.fr
RCS de Lyon n°853 774 529 – Code APE n°6622Z – ORIAS n°19006898. Le registre des intermédiaires d’assurances est tenu à jour par l’ORIAS disponible sur www.orias.fr
Entreprise régie par le Code des Assurances et soumise au contrôle de l’ACPR – 4 place de Budapest, CS 92459, 75436 Paris Cedex 09
RC Professionnelle et Garantie Financière conformes aux articles L. 512-6 et L. 512-7 du Code des Assurances
This policy is underwritten by
Accelerant Insurance Europe SA registered and authorised by the National Bank of Belgium and regulated by the Financial Services and Markets Authority (Ref. 3193), Acting in Ireland under Freedom of Services.
NOTE: This insolvency protection does not cover contracts with parties other than the Company, which can be performed despite the Company’s insolvency.
The topp certificate can be found here.
SECTION C - SINGLE SERVICE BOOKINGS
This section applies to all single service bookings that you make with us (e.g. accommodation only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.
If We Change Or Cancel Your Single Service Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced due to Force Majeure event (please see condition 4) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
Our Responsibilities For Your Single Service Booking
(1) Subject to the remainder of this condition, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this condition:
loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(4) It is a condition of our acceptance of liability under this condition that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Insolvency Protection
If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.