Booking Terms and Conditions (December 2021)
The following booking conditions together with the applicable general Information shown on our website and your booking documents, form the basis of your contract with Rickshaw Travel Limited (registered in England and Wales with company number 6355212, registered office (not for correspondence) 2nd Floor Nucleus House, 2 Lower Mortlake Road, Richmond, TW9 2JA, VAT no. 922531252). Please read them carefully as they set out the contract between you and us.
These booking conditions only apply to holiday arrangements which you have booked through the U.K. office of Rickshaw Travel 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”, “arrangements” or ”Travel Plan’ 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). “We”, “us” and “our” means Rickshaw Travel Limited.
We will communicate with you by e-mail in relation to your booking. You must check your e-mails on a regular basis for this purpose. We may also contact you by telephone if we cannot, for whatever reason, contact you by e-mail. References in these booking conditions to “send” and “in writing” refer to communication by e-mail.
1. Making and paying for your booking
To make a booking, please complete and submit the booking form on our website. This should be completed and submitted by the party leader, who must be aged 18 or over and is defined as the first named person on the booking form. By submitting the booking form, the party leader confirms that he/she is authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by the parent/guardian for any party members who are under 18 when the booking is made. The party leader is responsible for ensuring that all payments due to us are made on time.
You will need to pay a deposit when you make your booking (see clause 2 below). When your deposit has been received, we will send you a ‘payment receipt’, followed by a separate ‘booking acknowledgement’. It is at this point that a valid contract will come into existence between us.
If the arrangements requested on your booking form are not available, we will contact you to discuss alternative arrangements. We will only refund your deposit if we are unable to confirm your booking as requested, with the exception of minor amendment(s).
Subject to us being able to confirm your arrangements, we will then send you a ‘booking confirmation’ in which we confirm that your requested trip has been booked, details of your payments received so far and the due date of any outstanding balance.
Due to the complex / tailor made nature of our bookings it can take up to ten working days between our receipt of your booking form and us sending you a booking confirmation. Please note that it can take longer than ten days to confirm bookings and in these cases we will keep you informed of the reason for the delay and of our progress in confirming your booking. The booking confirmation will be sent to the party leader. Any correspondence we send prior to sending your booking confirmation is not a confirmation of your booking.
Please note we cannot guarantee requests for specific hotels because we sell from a small specially selected pool of hotels. This means that if one hotel is full, we are able to offer another of equal standard. Once your booking is confirmed, we’ll send you a comprehensive list of the hotels you’ll be staying in.
Once you have received your booking confirmation, please check this carefully and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We will not be liable for booking errors that are due to you or caused by Unavoidable and Extraordinary Circumstances. We will do our best to rectify any booking errors notified to us within 10 working days of our sending your confirmation. If the errors are due to you, you must meet any costs involved in doing so.
Flight bookings are accepted on the basis that you have double checked the spellings of all travellers’ names are as they appear in each traveller’s passport. Please also double check your travel dates before instructing us to issue e-tickets. If this is not done and airline tickets are issued with incorrect name spellings, middle names instead of first names, flight dates or destinations, it is not uncommon for airlines to impose standard cancellation charges and insist that a new reservation be made and paid for. We will not be responsible for any costs incurred to correct them if any errors are due to you or caused by Unavoidable and Extraordinary Circumstances. Please note that these costs can be up to 100% of the value of the ticket.
You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to the relevant travel specialist (when travel specialists are absent from work, their incoming emails are monitored by colleagues) unless otherwise instructed by us.
Rickshaw Travel reserve the right in our absolute discretion to refuse to accept any booking.
(i) Ground arrangements (excluding international flights)
A 10% deposit* is payable for all bookings to secure your accommodation, car hire, transfers, tours and/or activities. This excludes international flights (see below). Any outstanding balances will be due 40 days prior to departure. The date by which the balance is due will be detailed in your booking confirmation. If booking less than 40 days prior to departure 50% of your balance will be due at the time of booking, with the balance due upon receipt of your booking confirmation.
*Certain travel arrangements (internal flights, rail, Inca Trails etc) can be non-refundable (or partially non-refundable) after a reservation has been made which means they may need to be paid in advance along with the deposit. Your Travel Specialist will advise this at the time of your booking.
(ii) International flights
Unless otherwise stated, payment in full for your international flights is required upon asking us to make your booking. This is in addition to the deposit required for ground arrangements set out above. We will advise you what the cost of this will be when you make a request for us to make your international flight booking. Please note that seat availability, airfares, taxes and fuel surcharges cannot be guaranteed until the flight tickets have been paid for and issued. Once airline tickets have been issued, cancellation and change penalties apply.
(iii) Timely payment
It is your responsibility to ensure that all payments due are paid on time. Reminders for payment are not sent. If we do not receive all payments due (including any surcharges where applicable) in full and on time, we reserve the right to cancel your booking. If the balance is not paid in time we shall retain your deposit.
3. Your holiday price and surcharges
Please note, changes and errors may occur and we reserve the right to alter the price of your holiday before your booking confirmation is issued. We will advise you of the current price of the holiday you wish to book before your contract is confirmed. Please ensure that you check the price of your holiday at the time you make your booking.
We reserve the right to change your holiday price once we have issued your booking confirmation in the following circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports or airports or exchange rates which mean that the price of your holiday may change after you have booked. However, there will be no change within 20 days of your departure.
We will advise of all mandatory pre-paid taxes payable on your airline ticket. Some countries also charge departure taxes that may only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday, excluding insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in a surcharge equivalent to more than 8% of the price of your holiday, you will have the option of (i) accepting the change, (ii) accepting a change to another holiday if we are able to offer one (we will refund any difference if the alternative is of a lower value) or (iii) cancelling and receiving a full refund of all monies paid, except for amendment charges. Please advise us of your decision within 14 days of the issue date printed on our surcharge invoice (revised booking confirmation).
If we do not hear from you within the timeframe mentioned above, we will send a reminder to you. If you do not respond within the timeframe set out in our reminder, we may cancel your holiday and provide you with a full refund of all monies paid, except for amendment charges.
Subject to the above, any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other provisions in place.
4. Changes by you
If, after our booking confirmation has been issued, you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be made in writing as soon as possible by the party leader. You will be asked to pay any cost we incur in making this alteration if applicable. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Please note that certain travel arrangements may not be changeable after a reservation has been made and any change request could incur a cancellation charge of up to 100% for that part of the arrangements.
You can transfer your booking to another person, who satisfies all of the conditions that apply to your holiday booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
5. Cancellation by you
You, or any member of your party, may cancel your holiday at any time. You must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us.
As we incur costs in cancelling your holiday, you will be required to pay cancellation charges (see also the exception regarding Unavoidable and Extraordinary Circumstances below). If you:
- cancel 30 days or more before departure, your cancellation charge will be zero*and your deposit returned; or
- cancel less than 30 days before departure we will notify you of what the applicable cancellation charge is, which will include the deposit you have paid us and the costs we incur in making the cancellation*. The cancellation charge will increase the closer to the departure date that you request to cancel. When calculating your cancellation charge we will make provision for any cost savings and income that we receive from alternative deployment of the travel services forming your package.
*Certain travel arrangements are non-refundable (or partially non-refundable) after a reservation has been made which means that they could incur a cancellation charge of up to 100% for that part of the arrangements (e.g. including but not limited to international and domestic flights/rail/Inca Trail tickets).
You may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your travel insurance policy. Claims must be made directly to your insurance provider.
You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by Unavoidable and Extraordinary Circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign, Commonwealth & Development Office. This refers to restrictions imposed by the FCDO, such as advising against all but essential travel to a destination; or restrictions put in place by the destination country that will prevent the fulfilment of your trip.
Flexible cancellation conditions during Covid
If you have booked the Super-Flexible booking conditions, confirmed at the time of booking by your Travel Specialist the following terms will apply and supersede the above standard cancellation by you. These are only available during certain times and are not standard conditions. At all other times the above cancellation conditions will apply.
- Free cancellation of your trip 15 days before departure
- Free change of date up to 15 days before departure
- Free change of destination up to 15 days before departure
- Valid for all departures in 2022
- Cost £150 per person.
6. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in our itineraries, website and other details, both before, and after bookings have been confirmed (however please note the below). We reserve the right to make changes to and/or cancel your holiday.
We will not cancel your holiday once your balance has been paid in full, except for Unavoidable and Extraordinary Circumstances (see clause 7 below) or failure by you to pay the final balance.
If we cancel your holiday you will have the choice of having a full refund of all monies paid or accepting an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
If a refund is paid to you, we will pay you compensation as detailed below except where the cancellation is due to Unavoidable and Extraordinary Circumstances (see definition below).
|Period before holiday start date that a cancellation is notified to you||Compensation per person|
|3 calendar months or more||Nil|
|1 to 3 calendar months||£25|
|Less than 1 calendar month||£50|
This does not exclude you from claiming more if you are entitled to do so.
Most changes that we make to your holiday will be insignificant and we will ensure that you are notified about these. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and change of carriers.
However, if we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your holiday you will have the rights set out below. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, where your holiday includes international flights from the UK, a change of outward departure time from the UK of twelve or more hours or a change of UK departure point (except as between Gatwick and Heathrow or between Edinburgh and Glasgow airports) to one which is less convenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
We will notify you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
If you choose to accept a refund, we will pay compensation as detailed below except where the significant change is due to Unavoidable and Extraordinary circumstances (as defined below)
|Period before holiday start date that
a significant change is notified to you
|Compensation per person|
|3 calendar months or more||Nil|
|1 to 3 calendar months||£25|
|Less than 1 calendar month||£50|
7. Unavoidable and Extraordinary Circumstances (e.g. force majeure)
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 “Unavoidable and Extraordinary Circumstances”. In these booking conditions, “Unavoidable and Extraordinary Circumstances” means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations may include actual or threatened war, riot, strikes, civil strife, terrorist activity, industrial dispute, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, natural or nuclear disaster, adverse weather conditions, tidal events, epidemics/pandemics, volcanic eruptions, fire, implications arising as a result of the United Kingdom’s decision to leave the European Union (including but not limited to unavailability of flights/routes, access to airports and ports, changes to customer entry requirements) and all similar events outside our control.
8. Our Liability to you
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to:
1. you or another member of your party; or
2. a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or
3. Unavoidable and Extraordinary Circumstances.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, by contacting us at email@example.com. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday. Please also refer to clause 15 below.
It is your responsibility to purchase appropriate travel insurance and a condition of booking with us that you do so. This should cover your personal requirements in respect of at least the cost of assistance (including repatriation, in the event of accident, illness or death) cancellation, curtailment, medical expenses or damage of personal possessions, personal liability and legal expenses. There are a few insurance providers that now offer Covid-19 cover and we can recommend suitable insurers.
You must also ensure that your insurance will cover you in respect of the activities you intend to undertake, particularly those of a hazardous or unusual nature. Please see our website for further information on travel insurance. When purchasing travel insurance it is vital that you tell insurers about any pre-existing medical conditions when you purchase your policy or of any new medical conditions that arise between the time between the purchase of your policy and the commencement date of your trip. If you fail to do this, any subsequent claim relating to this condition may be rejected by your insurers.
Please read your policy details carefully and take a copy of your policy with you on holiday. Reputable travel insurers provide a 24 hour medical emergency telephone number. We recommend that you add this number to the contacts in your mobile phone.
10. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with any of the services included in your holiday, you must inform our local representative without undue delay who will endeavour to put things right.
If your complaint cannot be resolved locally, please follow this up within 28 days of your return home by writing to your Travel Specialist or firstname.lastname@example.org giving your booking reference and full details of your complaint. Please keep your e-mail concise and to the point. If you fail to follow the requirement to report your complaint in-destination we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also refer to clause 11 on ABTA.
We are a Member of ABTA, membership number Y0484. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
12. Special requests, baggage allowance, medical conditions and disabilities
If you have any special requests, you must advise us at the time of booking and we will pass any reasonable requests on to the relevant supplier. We regret we cannot guarantee requests will be met. Confirmation that a special request has been noted or passed on to the supplier is not confirmation that the request will be met. Unless and until specifically confirmed in your booking confirmation, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical condition or disability which may affect your holiday or have 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. The nature of many of the destinations we travel to, and the type of holiday experience we offer means that in some cases our holidays may be unsuitable for wheelchair users or those with reduced mobility. We will be happy to discuss the feasibility of your holiday with you that takes into consideration your level of mobility or medical condition. We may also request that you provide a letter from your doctor confirming your fitness to travel, or ask you to fill out a form describing your needs.
In any event, you must give us full details in writing at the time of booking and whenever any change in your 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. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
If you are unsure of the baggage allowance on the flights you have booked please contact your travel consultant or the relevant airline.
Please see clause 24 regarding the nature of our holidays.
13. Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Furthermore, we ask that you should maintain the same level of due diligence and care as you would at home, in regard to your personal safety, and not put yourself in dangerous or risky situations. We will not be liable in the event that you are found to have put yourself at risk, been negligent, been under the influence of alcohol or other substances, or behaved in an inappropriate or reckless manner.
14. 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. 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 and of the international conventions are available on request from ourselves or the supplier concerned. For further information please refer to clause 8 above. We have no liability for criminal acts of suppliers, their employees, sub-contractors or agents.
15. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions which is provided for information only. We have no involvement in any such activities or excursions and they are not run, supervised or controlled by us. They are provided by local operators or other third parties who are entirely independent of us. Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us, and therefore outside of our scope of liability. This extends to activities or excursions offered by your hotel, which may not be provided directly by the hotel, and as such, neither the hotel nor Rickshaw Travel are liable for such services (eg watersports, sunbeds, vendors, beach massages, etc.)
16. Passports, visas and health requirements
Up to date UK Government health and travel advice is available at www.gov.uk/foreign-travel-advice, www.nathnac.org and www.fitfortravel.nhs.uk and via your GP. Please ensure that you familiarise yourself with these to ensure that you comply with all passport, immigration and health requirements (including, but not limited to, vaccinations required and health precautions) for your chosen destination(s). You can also obtain useful information on our website.
Requirements may change and you must check regularly before departure. A full British passport takes approximately 2 to 10 weeks to obtain but can take longer. If you or any member of your party is 16 or over and haven’t yet got a passport, we recommend that you/they apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) you are intending to travel to/through.
You should ensure that you travel with a passport that has a minimum validity of 6 months remaining at the time of your return to the UK as this is a stringent immigration requirement for many countries and airlines.
We will not be liable if you are refused entry on any transport or to any country due to your failure to hold all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. Foreign Office Advice
You are advised to check the United Kingdom Foreign, Commonwealth & Development Office country advice about your holiday destination(s) prior to booking and prior to departure to each destination. You should only make your decision to travel after considering any risks identified. The FCDOprovides the latest travel advice including safety, security, and terrorism threat levels, health issues and travel warnings. Where conditions change within different areas of a country, this information is broken down into relevant regions. This information is subject to change at short notice and we recommend that you check the FCDO’s website regularly. If you chose to book a location which is identified as higher risk/all but essential travel by the FCDO you do so accepting this risk.
18. Additional Assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault.
19. Protecting your money
We provide full financial protection for our package holidays.
1. For flight-based holidays this is through our Air Travel Organiser’s Licence number 9728 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
2. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA – The Travel Association, 30 Park Street, London, SE1 9EQ www.abta.co.uk. We are a member of ABTA (ABTA number Y0484). For further information, please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection. You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 6 “Changes and cancellation by us” will apply.
At the time of booking we will confirm your flight timings, and these are shown in local time. Flight timings are subject to change and can change any time after tickets have been dispatched including whilst you are on holiday. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, and technical or operational problems.
E-tickets (electronic flight tickets) will be emailed to you when your flights have been confirmed, paid for and issued. The times shown on all tickets are local times. We recommend that you check in for both outward and return flights at least 3 hours prior to the departure times on the travel documents.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note we will endeavour to inform you of any airline schedule changes in advance, but this is not always possible. We recommend that you look on the relevant airline’s website for up to date timings 24 hours before each flight that you take. We cannot accept liability for the consequences of flights missed owing to airline schedule changes. See also clause 21 below.
Most airlines offer cheaper fares for infants or children travelling with an adult. To qualify as an infant, an infant must be under 2 years of age at the date of the last flight of the booking. To qualify as a child, a child must be aged 11 years or the date of the last flight of the booking or upon reaching their original point of departure.
21. Delay and Denied Boarding Regulations
If your flights are delayed or cancelled the airline concerned may provide refreshments, assistance and compensation if your flight falls within the scope of EC Regulation 261/2004. This does not mean that you are automatically entitled to a refund and/or compensation from us. The extent of our liability to you is set out in clause 8 above. If any payments become due to you from us, any payment made by your airline or any other supplier will be deducted.
EC Regulation No 261/2004 only applies to flights departing from the EU and on flights operated by EU carriers that are returning to the EU. Non EU carriers operating flights departing outside of the EU may have less favourable compensation rules. All sums you receive or are entitled to receive from the airline under these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.
22. Website and advertising material accuracy
The information contained on our website and in our other advertising material is correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and because we have to prepare our publications a long time in advance information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. We will advise you of any changes that have occurred before you complete your booking with us.
The information on our websites is based on our own visits and/or on information supplied to us by our suppliers. We constantly review this to ensure that it is accurate. However we do not own the airlines or ground suppliers. Ground operation changes can and do occur from time to time and may be made without any advance notification from our suppliers. Where we have been notified of such a change we will advise you before we accept your booking or if after as soon as possible before departure.
23. Safety standards
Please note, the requirements and standards of the country in which the services included in your holiday are provided will apply and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.
24. The nature of our holidays
Please keep in mind, before and during your trip, the type of holiday you are undertaking including the areas to which you are travelling. Many of our arrangements may be described as “soft adventure” and involve travelling to remote places where the normal conveniences, comforts and structures of north-western Europe simply do not exist. In some places, accommodation may be very basic with no flushing toilets, hot showers, electricity, ice in drinks, access to the internet and the like. When booking with us you accept the risks associated with the type of holiday you are undertaking.
It is impossible to guarantee that everything will go according to plan as conditions on the ground at the time (such as the weather, tides, strikes, civil unrest and public transport cancellations) may require changes or make certain arrangements impossible. Please be understanding and tolerant in such situations as they are an unavoidable part of the experience over which we have no control. The availability of some facilities and amenities including restaurants, water sports and kids’ clubs may be affected by local conditions, such as inclement weather, public holidays or low occupancy.
25. Data Protection
26. Honeymoon contribution accounts
If you have set up a Honeymoon contribution account with us to help pay for your honeymoon, the following terms and conditions apply:
(1) If you wish to create a Honeymoon contribution account you will first need to confirm your booking with us by paying the necessary deposit required.
(2) A minimum Travel Plan value of £500 per person (excluding international flights) will apply.
(3) Once full and final payment has been received for your booking, and the deadline date for contributions specified on your honeymoon cards has passed, excess contributions collected in your account will be paid to you by bank transfer.
(4) In the event that the money in your account does not cover the full cost of your holiday, as the client you will take on the responsibility for full payment of the remaining balance on the booking.
(5) Changes and cancellation by you – please see Clause 4 and 5 for standard terms. Please note in the event of cancellation any remaining balance on your honeymoon account will be paid back to you via bank transfer once all cancellation charges have been applied.
(6) Changes and cancellations by us – please refer to clause 6 above.
27. Law and Jurisdiction
This booking is governed by English law and the jurisdiction of the English Courts. You may, however, chose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
Rickshaw Travel Limited (registered in England and Wales with company number 6355212, registered office (not for correspondence) 2nd Floor Nucleus House, 2 Lower Mortlake Road, Richmond, TW9 2JA, VAT no. 922531252