Booking Terms and Conditions
The following Booking Conditions, together with the Booking Form will form part of your contract with Rock n Roll Adventures Limited (Company Number 05746435, registered in England and Wales; Registered Office: 27A Fitzroy Street, Bristol, BS4 3BY (the "Company"). Please read them carefully before you book.
In these Booking Conditions, 'you' and 'your' means all persons included in the booking (including anyone who is added or substituted at a later date). 'We', 'us' and 'our' mean Rock n Roll Adventures Limited.
1. BOOKING YOUR HOLIDAY
1.1 Our aim is to provide exactly the right holiday to suit your requirements. You can call us on +44 (0)207 193 2054 or email: email@example.com and we will tailor make an itinerary for you and provide you with a price per person. In order to maintain our customer services standards and to assist with the on-going training of our staff we may record or monitor our telephone conversations or emails with you.
1.2 Bookings are accepted subject to these Booking Conditions. When you make a booking you are confirming that you understand our Booking Conditions and have accepted them on behalf of yourself and all members of your party. Changes to these Booking Conditions will only be valid if agreed in writing by a member of our staff.
1.3 To make a booking, you must complete our Booking Form. This must be signed by the first named person on the booking ('the Group Organiser'). For all bookings the Group Organiser must be authorised to make the booking on the basis of these Booking Conditions by all persons included in the booking and, if under 18 years of age, their parents or guardian. By signing the Booking Form, the Group Organiser acknowledges and confirms that he/she is so authorised and that all group members agree to be bound by these Booking Conditions. The Group Organiser is responsible for making all payments due to us.
1.4 The completed signed Booking Form must then be sent to us together with the payments referred to in clause 2 below.
1.5 Once we have received your Booking Form and all appropriate payments, we will, subject to availability, confirm your booking by issuing a Booking Confirmation Invoice. This invoice will be sent to the Group Organiser. Please check the details carefully as soon as you receive them. Contact us immediately if any information on this document (or any other document) appears to be incorrect or incomplete as it may not be possible to make changes at a later date. A binding contract between you and us subject to these Booking Conditions comes into existence when the appropriate payments and signed Booking Form have been received by us and we despatch our Booking Confirmation Invoice to the Group Organiser.
1.6 Special Requests, such as diet, room location, twin or double bedded room or a particular facility which are an important factor in the choice of holiday, should be indicated on the Booking Form or made in writing. We will pass your request on to the hotel or supplier but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
2.1 In order to confirm your booking, a deposit of 20% per person (or full payment if you are booking on or after the date that the final balance would become due) must be paid at the time of booking. A receipt from us for your deposit does not, on its own, bring a contract into existence between us.
2.2 The balance is due 8 weeks before departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you. In this case we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 5.2 depending on the date we reasonably treat your booking as cancelled.
2.3 All cheques must be made payable to Rock n Roll Adventures Limited Trust Account. If you wish to pay by bank transfer, we will provide you with details of our Trust Account.
3. THE COST OF YOUR HOLIDAY
3.1 The price of your chosen arrangements is, subject to the correction of errors, valid at the time of publication on our website or price list or as quoted to you. We reserve the right however to make changes to and correct errors in advertised or quoted prices at any time before your tour is confirmed. We will advise you of any changes or errors of which we are aware at the time of booking.
3.2 We will absorb increases up to a total amount equivalent to 2% of the total cost of your confirmed arrangements (excluding insurance premiums and any amendment charges). Only if the amount of the increase in our costs exceeds 2% of the total cost of your confirmed arrangements (excluding insurance premiums and any amendment charges), will we levy a surcharge. We promise not to impose a surcharge of more than 10% of the total cost of your confirmed arrangements (excluding insurance premiums and any amendment charges). A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
3.3 Any surcharge must be paid with the balance of the cost of the booking or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of the start of your tour. No refunds will be payable if any decrease in our costs occurs within this period either.
3.4 Please note, changes and errors occasionally occur. You must check the price of your chosen arrangements at the time of booking.
3.5 The Company is under no obligation to give a breakdown of the costs involved in a holiday.
4. AMENDMENTS BY YOU
4.1 The Company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing and signed by the signatory of the Booking Form. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can meet your request, a fee of £25 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. These charges will be payable whether or not the Company succeeds in confirming your requested amendment.
4.2 You may add extra members to your group at any time up to the date that the final balance of the cost of your booking is due, providing you first check availability with us. You will be obliged to pay deposits in full in respect of each additional group member. The ordering of extra services (for example vegetarian meals, changes to your itinerary or requests for booking visits) after the date at which the balance of the cost of your booking is due to be paid will also be subject to the amendment fee set out above.
4.3 If you or any member of you party is unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company (but it should be noted that some suppliers, consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service), provided that:
(a) if you request a transfer in writing allow reasonable time for the changes to be communicated to, and accepted by, the supplier.
(b) your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the Company, full details of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
(c) your replacement agrees to be bound by these Booking Conditions. The administration fee will be £25 per person. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges.
5. CANCELLATION BY YOU
5.1 Should you or any member of your group need to cancel your chosen arrangements once they have been confirmed, the Group Organiser must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. Recorded delivery is strongly recommended.
5.2 As we incur costs from the time we confirm your booking and may be unable to re-sell your arrangements, cancellation charges will be payable. These charges will increase the closer to departure we receive your notice of cancellation. The following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation:
|Days prior to Departure Date Written Advice of Cancellation Received||% of Total Holiday Cost|
|More than 49 days||loss of deposit|
|49 - 35 days||40% of total holiday cost|
|34 - 15 days||60% of total holiday cost|
|14 - 8 days||80% of total holiday cost|
|Within 7 days||100% of total holiday cost|
We strongly recommend that you secure adequate travel insurance, which should in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees, at the time of booking.
6. CHANGES AND CANCELLATION BY US
6.1 We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in published and other details both before and after bookings have been confirmed. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
6.2 We reserve the right in any circumstances to cancel your holiday for any reason. If you fail to pay the balance of the holiday price at least 8 weeks (56 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 5.2.
6.3 Most changes are minor. Occasionally, we have to make a 'significant change'. Significant changes 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 and a change of accommodation area for the whole or a major part of the time you are away.
6.4 If the Company is obliged to make a significant change or cancel your holiday in any other circumstances before departure, 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) the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available;
(b) travel arrangements of a lower standard and a refund of the difference in price; or
(c) the company will give you a full and prompt refund of all monies paid.
6.5 In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation calculated according to the number of days prior to departure that you are notified of the change as set out below.
|Days prior to Departure Date||Per Person|
|Compensation when Notification of Change is sent|
|More than 42 days||£10|
|29 - 42 days prior||£20|
|15 - 28 days prior||£25|
|0 - 14 days prior||£30|
'Low bookings' means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form.
6.6 Please note, the above options are not available where any change made is a minor one. A 'minor change' is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed arrangements.
6.7 If we have to make a significant change or cancel after the date that you are due to pay the balance of the cost of your booking, we will, as a minimum and where compensation is due, pay you the compensation payments as set out in clause 6.5, depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel before the date that you are due to pay the balance of the cost of your booking. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel or terminate your booking after departure but before the scheduled end of your time away 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 in cases of 'force majeure' (see clause 8). No compensation will be payable 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).
7.1 It is a condition of booking that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. If you suffer from a disability or medical condition you should disclose this to insurers.
7.2 For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to undertake any dangerous or sports activities. Please keep your insurance details with you whilst on holiday.
8. FORCE MAJEURE
8.1 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 contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in clause 9.2 below), as a result of 'force majeure'. In these Booking Conditions, 'force majeure' means unusual or unforeseeable circumstances beyond the reasonable control of the parties, the consequences of which neither party could avoid even with all due care including but not limited to, any act of God, fire, flood, drought, strike, war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, unavoidable technical problems with transport, machinery or equipment, power failure, epidemics or outbreaks of illness and all similar events outside our control.
9. OUR LIABILITY TO YOU
9.1 The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.
9.2 We promise to make sure that the tour 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 tour 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 tour 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).
9.3 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:-
(a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
(b) the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable; or
(c) 'force majeure' as defined in clause 8 above.
9.4 In addition, we will not be responsible where you do not enjoy your tour or suffer any problems because of a reason you did not tell us about when you booked your arrangements or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
9.5 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 and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our published material or elsewhere including verbally 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.
9.6 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.
9.7 As set out in these Booking Conditions we limit the maximum amount we may have to pay you for any claims for loss of and/or damage to any luggage or personal possessions (including money). Where we are found liable for such claims, the maximum amount we will have to pay you is a sum equal to any excess charge that applies to the policy of travel insurance that applies to your booking per person affected as in these cases as you are assumed to have taken out adequate insurance at the time of booking, unless a lower limitation applies to your claim under clause 9.9.
9.8 It is a condition of the acceptance of liability set out in clause 9.2 of these Booking Conditions that you must provide ourselves and our insurers with all assistance we may reasonably require. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any tights which are transferred.
9.9 Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be 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 or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and in respect of carriage by road the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place onboard the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its 'conditions of carriage' which may limit or remove the carrier's liability to you and limit compensation under international conventions.
9.10 Many of the services which make up your tour are provided by independent suppliers. 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 f these conditions may limit or remove the relevant transport provider's or other supplier's liability to you, usually in accordance with applicable International Conventions (see clause 9.9). You can get copies of such conditions from our offices, or the offices of the relevant supplier.
10. COMPLAINTS AND PROBLEMS
10.1 In the unlikely event that you have any reason to complain or experience any problems with your arrangements whilst away, you must immediately inform the supplier of the service(s) in question. Any verbal notification must be put in writing and given to the supplier as soon as possible. If the supplier is unable to resolve the problem you must contact us immediately either at the office during working hours or via our 24 hour duty officer out-of-hours. Until we know about a problem or complaint we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. We undertake to deal promptly with all correspondence relating to complaints.
10.2 Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
11. BEHAVIOUR AND RESPONSIBILITIES
11.1 When you book with us, you accept full responsibility for any damage or loss caused by you or any member of your group. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your or any member of your group's actions.
11.2 We expect all group members to have consideration for other people. The Group Organiser, the Group Leader (who may or may not be the Group Organiser) and all accompanying adults are responsible for the good behaviour and discipline of your group and you must ensure adequate supervision at all times in accordance with any applicable regulations or rules laid down by the management of any establishment. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your group 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 arrangements of the person(s) concerned or terminate the arrangements as a whole. 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.
11.3 You are also responsible for completion of passport formalities and any other personal arrangements which may be necessary such as visa, currency and medical requirements. You are also responsible for ensuring that the group reaches the starting point of the tour at the correct time.
11.4 Please note that in many countries it is illegal to consume alcohol on coaches. Please also note that some hotels/centres now charge a security deposit on arrival.
12. MEDICAL PROBLEMS
12.1 If you or any member of your group has any medical problem or disability which may affect your arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event you must give us full details in writing at the time of booking. 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.
13. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
13.1 Please note that requirements may change and you must check the up-to-date position in good time before departure.
13.2 Information on health, including any mandatory and recommended health formalities (eg vaccinations and precautions) can be obtained from your GP, practice nurse or travel health clinic. Ideally you should seek this advice at least 3 weeks before departure. Further information can be obtained from the Department of Health website at www.dh.govuk/travellers or from www.fitfortravel.scot.nhs.uk. For tours within the European Union it is normally a condition of insurance that each member of your group must obtain a European Health Insurance Card (EHIC) prior to departure. Further information can be obtained from the Department of Health website at www.dh.gov.uk/travellers.
13.3 It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your group is not a British citizen or holds a non-British passport you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If 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.
14. FINANCIAL SECURITY
14.1 Rock n Roll Adventures Limited is a member of the Travel Trust Association of Albion House, High Street, Woking, Surrey, GU21 6BD ("TTA") (membership number U8071) and payments on account received from you will be paid into the Rock n Roll Adventures Limited Trust Account in accordance with the scheme operated by the TTA. For further details, please visit: www.traveltrust.co.uk/guarantee
15. PRICES, INFORMATION AND ACCURACY
15.1 Please note, the information and prices shown in any price list or on our website or price quoted to you may have changed by the time you come to book your tour. Whilst every effort is made to ensure the accuracy of information and prices, regrettably errors and changes do occasionally occur. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.
15.2 The information which we give on our website and in other correspondence is in accordance with the latest information we have received. We cannot, however, be held responsible for changes made without notice. Please note that pressure on accommodation and other amenities is particularly high at peak holiday periods. Certain facilities may not be available on public holidays. Some amenities at resorts are seasonal, for example open-air swimming pools. In certain countries, places of interest are liable to closure without notice or days of opening may change. We will endeavour to rearrange itineraries to take account of such changes.
16. EXCURSIONS / ACTIVITIES
16.1 Please note that when you book an excursion or activity locally you contract with the local company providing that excursion or activity and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion or an activity and any claim which you might have arising out of the excursion or the activity will be against the relevant local company and subject to the local company's terms and conditions. The Company will, at its discretion offer advice, guidance and assistance (not financial) if you or any member of your party suffer death, illness or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally.
17. DATA PROTECTION ACT
17.1 In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.
17.2 Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company during normal working hours. (We make a small charge for providing this to you).
18. GOVERNING LAW AND JURISDICTION
18.1 All contracts with Rock n Roll Adventures Limited are made in England subject to these Booking Conditions and are subject to English law and the exclusive jurisdiction of the English Courts. Both parties agree to submit to the jurisdiction of the English courts at all times.