The World on Horseback Limited
Terms and Conditions
The World on Horseback Limited (WH) acts as an agent and is not the tour operator. WH only facilitates bookings with those that provide or arrange travel products.
These are the terms on which we will make a booking for your holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) names on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them.
1 TERMS OF BUSINESS
1.1 These are WH’s agency terms of business (“Agency Terms”) setting out how WH will process a booking for you. When processing a booking WH will arrange for you to enter into a direct contract with the supplier of the travel products. When taking a booking WH is always acting as agent to the Travel Supplier who is the principal or agent to the principal. As an agent we accept no responsibility for the acts or omissions of the Suppliers. The Suppliers’ Terms and Conditions will apply to your booking. We advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
1.2 There will be no binding contract with the Travel Supplier for your holiday before WH has received a signed booking form and payment of the booking fee as shown on the invoice and until WH has sent you confirmation on behalf of the Travel Supplier.
1.3 The booking arrangement is made with the person who signs the booking form, even though payments may be made by others, and every person signing the booking form is fully responsible for the holiday booking.
1.4 Your booking arrangement with the Travel Supplier is governed by the following:
· these Agency Terms and specific booking conditions of each relevant Travel Supplier. Please ask for copies of these if you do not have them.
· the booking form. This will provide WH with information needed to pass on to the relevant Travel Supplier who makes the holiday arrangements. Please note names should be provided as stated in the relevant passport. Although WH always informs Travel Suppliers of your special requests and does what it can to encourage Travel Suppliers to accommodate them, it is the Travel Suppler who controls whether the request is met and WH cannot guarantee this. This is especially true of dietary requirements.
· the invoice
· the itinerary. This will identify (inter alia) if a booking arrangement is dependent on participation by a minimum number of people. If so the service may be cancelled by WH on behalf of the Travel Supplier in writing with the period indicated in the itinerary without compensation if the minimum take up is not achieved and if the service has been paid for then the sum p0aid will be refunded by WH.
It is very important to check the details on the itinerary and invoice when you receive them. This is because they set out the details of the booking arrangement taken by WH. If you think there is an error you should contact WH immediately so that WH can address any problems. Changes can only be made by the persons signing the booking form or by someone they authorise in writing. Some changes may incur charges which you will be notified of prior to any change being made.
The booking information that you provide to us will be passed on only to the Travel Supplier who is to provide your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
2.1 The booking fee is a fixed amount.
2.2 The price of your holiday with the Travel Supplier may be subject to a surcharge in the event of exchange rate fluctuations. This will be governed by the Terms and Conditions of the Travel Supplier.
3.1 Once the booking fee is paid your holiday is secured and governed by the Terms & Conditions including payment schedule of the Travel Supplier.
4. CHANGES TO THE BOOKING OR PERSONS COVERED BY THE BOOKING
4.1 A change must be requested in writing by the person who signed the booking form.
4.2 WH will assist you if you wish to make changes to your booking but cannot guarantee that the relevant Travel Supplier will agree to the changes. There will be a minimum administration charge by WH of £50 plus VAT per person in your party affected and you will also have to pay the total charges payable under the terms and conditions of the relevant Travel Supplier.
By Travel Supplier
4.3 Your booking arrangements may be made many months in advance with the relevant Travel Supplier. If a Travel Supplier makes a significant change to an essential term of the booking arrangement that they have with you before departure then WH will notify you as soon as possible.
5.1 A cancellation must be in writing signed by the person who signed the booking form. If you cancel any booking for any reason WH shall be entitled to retain part of the payment made by you as a cancellation charge. You may also be liable to pay the cancellation charge levied by the Travel Supplier (which may be up to 100% of the cost of the booking arrangements) (and will be governed by the terms and conditions of the relevant Travel Supplier).
By Travel Suppler
5.2 WH on behalf of the Travel Supplier may cancel the booking if you do not pay the balance of the price on time and you may be liable to their cancellation charges.
5.3 It is unlikely that you booking will be cancelled in any other circumstances but any cancellation will be subject to the Travel Supplier’s terms and conditions. For the avoidance of doubt if you cancel or amend you booking arrangements the Travel Supplier may charge the cancellation or amendment charges shown in their terms and conditions and you must in addition pay upon request the cancellation/amendment charges stated herein.
6. WHO WE ARE
6.1 For the avoidance of doubt your booking and contract is with the relevant Travel Supplier. WH is not responsible for and has no liability for the acts or omissions of persons who are not acting as its employees and though WH has chosen its Travel Supplier with care WH has no control of its Travel Supplier and cannot be held responsible for any action or omission of its Travel Supplier ot its servants, agents or employees.
6.2 WH will have no liability to pay compensation to you for any failure to properly perform its services hereunder, where the failure is attributable to you.
6.3 WH shall have no liability to pay compensation to you for loss, damage or expense incurred for any failure to properly perform WH’s agency services, where the failure is:
· attributable to a third party whether connected or unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
· due to unusual and unforeseeable circumstances beyond WH’s control, the consequences of which could not have been avoided even if all due care had been exercised.
· due to an event which WH, even with all due care, could not foresee or forestall.
Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, late delivery, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.
6.4 WH shall have no liability for economic loss, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services hereunder or otherwise in connection with these terms, or for any indirect, special or consequential loss or damage.
6.5 For the avoidance of doubt your booking is directly with the relevant Travel Supplier. To the extent that WH is not negligent in the provision of its service to you. WH accepts no liability for any complaint, loss, damage, expense or other claim in respect of any aspect of your booking or travel arrangements.
6.6 Where WH is required to pay you compensation whether as provided in these Agency Terms or otherwise, WH’s liability to pay compensation shall be limited in all circumstances to an absolute aggregate maximum liability to the price paid by you for the specific bookings related to any given complaint.
Because the contract(s) for your travel arrangements is between you and the Travel Supplier or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem while on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled may be reduced or you may not receive any at all depending on the circumstances. If you wish to complain when you return home, contact the principal/supplier in writing.
8. LAW AND JURISDICTION
8.1 Any dispute between you and WH will be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.
8.2 Any dispute between you and the Travel Supplier will be governed by the laws declared in their Terms and Conditions
9. FURTHER BOOKING INFORMATION
9.1 Insurance: many principals/suppliers require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you: the cost of assistance (including repatriation) in the event of accident or illness: loss of baggage and money: and other expenses.
9.2 If your holiday with the Travel Supplier is a horse riding holiday then under their Terms and Conditions it will be a requirement that you have in place appropriate rider insurance during the period of your holiday.
9.3 Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type.
9.4 Final travel arrangements: please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
10. A copy of our latest Booking Form can be viewed on our website www.world on horseback etc. By proceeding with any booking you confirm you have read and agreed to these Terms and Conditions and as a separate contract to the Terms and Conditions of the Travel Supplier.
11 SPECIFIC REQUIREMENTS FOR RIDING HOLIDAYS
11.1 You accept and acknowledge that horse riding is classed as a high risk sport and that being in the vicinity of horses poses risks.
11.2 You and all members of your party will be required by the Travel Supplier to sign a disclaimer in the form attached at the beginning of your holiday
11.3 You and all members of your party must comply at all times with instructions of the Travel Supplier who has the right to refuse your right to ride for any reason including inability health and behaviour.
11.4 You will be required to wear appropriate safety equipment and will be expected to sign all disclaimer forms before being allowed to ride.
11.5 Safety standards are of the country in which your holiday takes place and may differ from those applicable in the UK.
11.6 Relevant rider insurance is mandatory (see paragraph 9.2) and you are strongly advised to take out travel insurance in case you need to cancel your booking.
World on Horseback Ltd Rosehall Farm Alcester Warwickshire B49 6EB
worldonhorseback.co.uk email@example.com Co no 11960661