1. Introduction and Definitions

These terms govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and us.In these terms the following words shall have the following meanings:

“Booking” means your reservation of an Event secured via the completion of a Booking Form and payment of the Deposit.

“Booking Form” means the form provided by us to enable you to book an event.

“Deposit” means such proportion of the Price as we may require you to pay in order to secure an Event.

“Event” means any holiday, accommodation, activity or function organised or advertised by us.

“Lead Name” means the person who signs the Booking form on their behalf and on behalf of all other persons listed on the Booking Form.

“Online Guest List” means the form provided by us via Travefy which records all relevant and required information relating to the persons named on the Booking Form.

“Price” means the total cost of the Event.

“Supplier” means the company or person that is holding or providing the Event or any part of it.

“We/us” means Adventures By Ltd a limited liability company incorporated in England and Wales under registered number 13601762 and registered office at Suite 7, Old Anglo House, Mitton Street, Stourport-on-Severn, Worcestershire, DY13 9AQ trading as Adventures by and Destination Rainbow.

“You” means the person who has signed the booking form and includes all the people whose names are recorded on the booking form and on whose behalf the signatory of the booking form has signed.

2. Formation of Contract

These terms shall not be binding and no contract shall arise between you and us unless and until we have received the Deposit payable and we have sent you written confirmation of our acceptance of your booking. Our written notification may be made via email. Those booking via email or telephone will be deemed on completion of a Booking Form and payment of the Deposit to have agree to and accepted these terms.

Any Booking made via us will also be subject to the terms and conditions of the Supplier which are applicable to the Event.

3. Lead Name

The Lead Name shall be responsible for payment of the full balance of the Price and indemnifies Travelclerk Ltd from and against any loss resulting from any person named on the Booking Form failing to make payment. The Lead Name is also responsible for ensuring that all persons named on the Booking Form are fully aware they are bound by these terms. The Lead Name is also responsible for the completion of the Online Guest List on behalf of all persons named in the Booking Form.

4. Payment & Deposits

Deposits are payable to secure an Event and are payable at the time of booking. The Deposit is non-refundable.

The balance of the Price is payable no fewer than 84 days (twelve weeks) before the date upon which your Event is due to start. If your Booking is made fewer than 84 days (twelve weeks) before the date upon which your Event is due to start the full balance of the Price shall be payable upon Booking.

If full payment is not received by the due date, we will notify the supplier who may cancel your Booking and charge such cancellation fees as are set out in their booking conditions.

If you have paid a ‘low deposit’ (i.e. only a proportion of the required Deposit) the balance of the Deposit must be paid by the due date notified to you and then the full balance of the Price is payable as detailed above.

Deposits are used by us to enter into contractual arrangements with the Supplier on your behalf and are non-refundable.

Payments can be made with a valid Credit Card or Debit Card. You may also make payment via online bank transfer however we will not be able to make the Booking for you until we receive your funds. We will endeavour to make your Booking at the same price as quoted, however this cannot be guaranteed. We will notify you should there be an increase in the Price.

5. Accuracy of Prices

We reserve the right to amend advertised Prices at any time. We also reserve the right to correct errors in both advertised and confirmed Prices. Changes and errors can sometimes occur. You must check the Price of your chosen Event at the time of Booking.

6. Special Requests

If you have any special requests (for example dietary requirements, cots or room location), you must let us know at the time of Booking. We will pass on all such requests to the Supplier, but we cannot guarantee that they will be met and we will have no liability to you if they are not.

7. Cancellation by Us

We may cancel any Event or any part of it for any one or more of the following reasons:

– for safety reasons if we or our Supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome;
– if we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our Suppliers or to property belonging to our Suppliers;
– if a Supplier or Suppliers are unable to host an Event for any reason;
– if changes you wish to make to the Booking mean it is uneconomical or impractical to hold the Event.

If we cancel the whole of the Event we shall use all reasonable endeavours to rearrange the Event on a mutually convenient date, or provide a refund to you of the cost to us of the Event.

Save as above we shall be under no further liability to you for cancellation of the Event or any part of it.

8. Cancellation by You

You may cancel your Booking within a period of 14 calendar days after the Deposit is paid however the Deposit is non-refundable. After 14 calendar days you may cancel your Booking however all Deposits and (if applicable) any additional payments made to date on the Booking are non-refundable. All cancellations must be made in writing, by email or post from the Lead Name. Proof of posting is not proof of receipt, therefore you are advised to also confirm all changes by telephone. Please ensure that you have received written confirmation of any changes to your Booking prior to the date of the Event. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier of your Event. The Supplier may charge the cancellation or amendments charges shown in their terms and conditions (which may be as much as 100% of the cost of the Event and will typically increase closer to the date of the Event). In addition we may charge an administration fee of £25 per person named on the Booking Form.

Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most ‘no frills’ airlines have cancellation charges of 100% from time of booking.

9. Cancellation by the Supplier

We will inform you as soon as reasonably practicable if the Supplier makes a significant change to your Booking or cancels your Booking. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.

10. Our responsibility for your Booking

Your contract for the Event is with the Supplier and the Supplier’s terms and conditions will apply. As agent of the Supplier, we accept no responsibility for the actual provision of the Event. Our responsibilities are limited to making the Booking in accordance with your instructions. We accept no responsibility for any information about the Event that we pass on to you in good faith.

However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the Price (or the appropriate proportion of this if not everyone on the Booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

10. Failure to provide an Event

If, due to reasons beyond our control, an Event is unable to take place due to (but without limitation) closure of premises, the cessation of trading of a Supplier, a change in Supplier management or weather restrictions, we will provide you with an alternative Event and if this is does not prove possible, a refund to you of the cost to us of the Event.

11. Accommodation

If your Booking includes accommodation, the named accommodation will remain confidential to Travelclerk Ltd and only be disclosed to you upon receipt of the Deposit and written confirmation from the Supplier.

12. Accommodation Ratings, Standards, and Information

All ratings are as provided by the relevant Supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between Suppliers. We cannot guarantee the accuracy of any ratings given.

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier(s) in question are intended to present a general idea of the services provided by the Supplier(s) in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.

After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation Supplier. Please note that any local taxes and expenses will be payable to your accommodation Supplier in resort on check-out.

The standard international practice is to let rooms from midday to midday. However times do vary. Check-in times are usually between 2pm and 3pm, check-out times between 11am and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night’s accommodation. Similarly, if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management.

13. Flights

The carrier(s), flight timings and types of aircraft detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure or sent via e-ticketing. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched, we will contact you as soon as we can to let you know.

14. Insurance

Many 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 those persons listed on the Booking Form 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. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.

15. Financial Protection

Many of the travel arrangements that we sell are protected in the case of financial failure of the travel company. Please ask us about the protection that applies to your booking.

17. Meals

Breakfast is not included with accommodation bookings unless otherwise stated. The type of breakfast you will receive will be confirmed upon arrival at your accommodation (this may be hot or cold regardless of your quotation). Restaurant meals may require a pre-order to be completed by the Lead Name. This should be completed and returned to us, or the venue as required. If a pre-order has not been completed, we accept no liability for meals not provided or delays in providing the meals for you. You will not automatically be sent any menus and menus may be of limited choice from a set-menu for groups. We will endeavour to meet any specialist dietary requests for any member of your group, but cannot guarantee these requests. We accept no liability if a Supplier is unable to meet these requests in advance, or once at the venue. If your group arrives late then we accept no liability.

18. Cruise Bookings

It is the your responsibility to settle all on board accounts. Children under the age of 18 will not be carried unless accompanied by an adult over the age of 21 at time of boarding who accepts responsibility for their welfare, conduct and behaviour. Should children under 16 be travelling with only one parent, most cruise lines require written authorisation to board ship from the absent parent where applicable. Infants younger than 6 months at point of boarding may not be accepted on some ships, full details are provided at booking stage and we accept no liability for incorrect information provided by you. You must declare any pregnancy to us at the earliest opportunity as on certain cruise ships carriage of advanced pregnant women is not permitted, typically if the pregnancy is more than 24 weeks at return date. We reserve the right to refuse passage on board to any person who appears to be in advanced stages of pregnancy.

19. Alterations and surcharges applied by Us

If due to circumstances beyond our control it becomes necessary to substitute an alternative Supplier, or make any other alterations to an Event (including accommodation) we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in the view of Travelclerk Ltd so substantial as to materially alter an Event and you are unwilling to accept them then you may cancel the Event and we will give a refund of the cost of the Event to us. Surcharges may be applicable where an Event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the Event of which we are not held responsible and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the Booking or an Event (including accommodation) which is number dependent.

20. Alterations made by You

We shall try to accommodate any reasonable changes you wish to make to a Booking or Event. Alterations and amendment requests should be made with us and not end Suppliers and should be made in writing to us by the Lead Name. These changes shall not be deemed accepted until we have confirmed in writing to you. If you wish to increase or decrease the number of persons participating in the Event you may do this up to six weeks prior to the date upon which your Event is due to start. Amendments after that date will incur our administration charge of £20.00 per person. Changes such as arrival / departure dates and destination changes will also be subject to our administration charges. We cannot guarantee that the change to the price will be pro-rata, but will depend upon the arrangements we are able to make with our Suppliers. Subject to our written agreement you may transfer your Booking to a person who satisfies all the conditions applicable to the Event.

21. Your Obligations

You shall at all times behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our Suppliers; ensure that you comply with all age restrictions imposed by our Suppliers; ensure that you comply with all arrival times, and dress appropriately for the Event. If you breach these obligations we may cancel or curtail your Booking or the Event or any part of it and in those circumstances you shall not be entitled to any refund. You shall take out insurance suitable for your needs (including delays for Events involving travel by land, sea, or air) before the Event.

22. Our Obligations

We shall take reasonable care and skill in arranging the Event and comply with all applicable laws in relation to the Event; wherever possible, re-schedule the Event instead of cancelling or offer a refund to you of the cost to us of the Event. All of the photographs and illustrations we use on our website and in literature (including quotations) we send you are for marketing purposes and may not entirely represent the actual products received.

23. Passports, Visa and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your Booking and Event. 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. Neither we nor the supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and 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.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware

Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances before your departure.

24. Excursions

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. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

25. Customer Feedback

Because the contract for your Event is between you and the Supplier, any queries or concerns should be addressed to them. If you have a problem whilst on your holiday this must be reported to the Supplier, their agent or the appropriate person(s) at the earliest opportunity, for example the accommodation / restaurant manager. If you fail to follow this procedure there will be less opportunity for the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction then you must write to us within 7 days of the conclusion of the Event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the Event and the services we have provided to you. We will acknowledge any correspondence within 5 working days and endeavour to deal with the complaint as quickly as possible.

26. Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and where applicable you arrive in plenty of time for checking in at the port or airport. For flights it may be necessary to reconfirm your flight with the airline prior to departure. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

27. Delivery of Documents

All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will usually be sent to you via Royal Mail. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.

28. Contracts (Rights of Third Parties) Act 1999

No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.

29. Jurisdiction

This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our Suppliers.

30. Changes to these Terms and Conditions

We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.

31. Code of Conduct

We are a member of PTS (Protected Trust Services), membership number 5746.  We are obliged to maintain a high standard of service to you by PTS Code of Conduct. 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.

Adventures By Ltd t/a Destination Rainbow is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with Adventures By Ltd t/a Destination Rainbow are fully protected for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. Your money is fully protected and paid into an independent Trust Account, managed by Protected Trust Services Ltd of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants – Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.