These Booking Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with SAHARANSKY, trading as “SAHARANSKY” (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking (“Lead Name”) agrees on behalf of themselves and all persons detailed on the booking that:
a.) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
b.) he/she consents to our use of information in accordance with our Privacy Policy;
c.) he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d.) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
For the majority of our bookings, we act as the “Package Organiser”, i.e. we organize and supply the package.
SECTION 1: PACKAGE BOOKING CONDITIONS
The following terms and conditions apply to all packages where SAHARANSKY is your package organiser:
Booking and Payment
In order to make a booking with us, you must pay a non-refundable deposit as stipulated to you at the time of booking, (or full payment depending on your trip/time before departure) and we issue you with a booking confirmation. All our tours are subject to availability and we reserve the right to return your deposit or payment and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.
If booking tailor-made arrangements with us we require a 50% deposit plus the cost of any flights included as part of your itinerary. On some occasions a higher deposit is required and we will notify you of this at the time of booking.
Payment of your holiday
You will be notified of the exact deposit amount required at the time of booking. Where you have paid a deposit, the balance of all monies due, including any surcharges applicable at that time, must be paid to us not later than 14 days before departure. The Company reserves the right to pass on any charges relating to returned cheques and credit card chargebacks. Payment can be made by debit cards and all major credit cards. All documents will be sent to the email address of the Lead Name only.
In the case of non-payment of the balance by the due date, we reserve the right to treat the booking as cancelled by you in which case you will be charged the cancellation charges in accordance with the scale set out in clause 10 (below).
Mnies paid to an agent acting on our behalf, for tours operated by us, are held by the agent on our behalf.
For many of our tours sightseeing entrance fees and group tip kitty are obligatory, payable upon commencement of your tour. Details of these costs are noted in the Excluded Section of our tour itinerary/trip notes.
Lifetime Deposits
Lifetime Deposits are valid for Signature group tours only. For bookings cancelled 60 days or more before travel, deposits will be held on file and can be put toward payment for a future tour of equal or greater value than the original. Deposits are fully transferable to friends or family on receipt of an authorizing letter from original lead passenger and can be put toward payment for a future tour of equal or greater value than the original. Deposits are non-redeemable for cash or local payment components. Deposits will be lost if the reason for cancellation is non-payment of the original file by the final payment due date. If a booking is less than 60 days before departure full payment due date and normal cancellation penalties apply. Any additional costs above the standard deposit amount are subject to the different terms and conditions and do not form part of the ‘Lifetime Deposit’.
Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Pricing
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
transportation costs, including the cost of fuel; or
dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of USD 1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
Changes by You
Any changes to a confirmed booking (for example, hotel, passenger names but not departure dates (see below)) must be confirmed in writing by the person signing the booking form and must be accompanied by an administration fee of 25USD, per booking in addition to any further costs that we may incur and/or incurred or imposed by any of our suppliers. Whilst every reasonable effort will be made to accommodate changes and additional requests, we cannot guarantee that we will be able to meet your requested change. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 10.
A change of departure date must be requested in writing by the person signing the booking form and must be accompanied by the above administration fee, unless the request is within 60 days of departure in which case this will be treated as a cancellation of your booking and the cancellation fees will be applied as detailed in clause 10 (below). Where a change of departure date is requested more than 60 days before departure and can be met by us, our charges are in addition to any further charges made by our appointed agent/suppliers, whereby you would incur charges levied by this third party.
Changes by you to a confirmed booking as detailed above are only permissible where you have made a booking at the standard price, and changes cannot be made to confirmed bookings which were made on a sale or promotional price. Should changes be required on a holiday booked at a sale or promotional price after the sale has ended, 100% cancellation fees apply. You may choose to re-book at the standard price available at the time. If booking a tour at a sale or promotional price full payment must be made at the time of booking, bookings are non-transferrable and non-refundable. If eligible for our Lifetime Deposit as detailed in paragraph four, and requesting changes from the original booking or requesting a change of departure date more than 60 days prior to travel the administration fee will not be charged.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
Substitution of Client
If any member of your party is prevented from travelling, that person may transfer their place to another suitable person (introduced by you and satisfying all the conditions applicable to the holiday) provided that written notice is given at least 14 days prior to departure. A “suitable person” is one who has completed the booking form and Tour Suitability Form, presented travel insurance, obtained approval to travel from us and the transferee agrees to these Booking Conditions and all other terms of the contract between us. An administration fee of USD 50 will be charged plus any additional costs and charges incurred by us and/or incurred or imposed by any of our suppliers. Airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation by the Client: If you are unable to find a replacement, cancellation charges as set out in clause 10 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Cancellation by You
You may cancel the booking at any time provided that the cancellation is communicated to us in writing. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, cancellation charges will be applied as shown below calculated from the day when written notice is received by us. The more notice that we receive, the less we will charge you. However, in addition to the charges shown below many air tickets have no refund value whatsoever and, therefore, airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation charges apply as follows:
Period before departure in which you notify us Cancellation Charge
60 days or more Deposit only (unless eligible for Lifetime Deposits – see paragraph 4)
59 – 31 days 50% of total holiday cost or deposit – whichever is the greater amount
14 days or less 100% of total holiday cost
Please note that insurance premiums and amendments charges are not refundable in any circumstances. All 2-for-1 offers are non-refundable and non-transferable. Occasionally other deals may have the same conditions. Please check with your Reservations Consultant or on your Booking Confirmation.
Important Note: Certain arrangements (such as flight tickets) may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Changes & Cancellation by Us
We aim to operate all tours as advertised but by as we plan the tours many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of carriers, changes to the mode of transportation, change of accommodation to another of the same or higher standard. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally we may have to make a major change to your confirmed booking. Examples of “major changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of outward departure time or overall length of your arrangements of twelve or more hours.
A significant change to your tour itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your confirmed booking less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular tour is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(for major changes) accepting another tour of equivalent or superior standard; or
a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or
cancelling the tour and obtaining a full refund of all monies paid.
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
Insurance: If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Compensation: If we cancel or make a major change to your holiday less than 60 days before departure, we will pay you compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which you notify us Amount you will receive from us
60 days or more USD0.00
59 – 31 days USD20.00
30 days or less USD40.00
Important note: We will not pay you compensation in the following circumstances:
where we make a minor change;
where we make a major change or cancel your arrangements more than 60 days before departure;
where we have to cancel your arrangements as a result of your failure to make full payment on time;
where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12).
Please note: where arrangements with a higher price than the original arrangements are offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if the arrangements offered by us and accepted by you are of a higher price than those originally booked by you and in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strike, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Travel Insurance
You MUST take out adequate and suitable travel insurance in order to take part in a tour organised by us and this is a condition of your contract with us. Clients are wholly responsible for arranging their own insurance. For clients who choose to make their own travel insurance arrangements, we reserve the right to request a copy of their insurance policy and/or a receipt showing payment of the premium. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions. We are able to assist you in obtaining a suitable insurance policy. Clients making their own insurance arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities they will be undertaking during their tour. Clients should satisfy themselves that any travel insurance arranged through us is what they require and should arrange supplementary insurance if needed.
We reserve the right to cancel the booking, without any liability for refunds, of any customer who cannot satisfy us that they have purchased suitable travel insurance in accordance with this clause. Furthermore, if you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Passport, Visas & Vaccinations
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check the 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.
You will be solely responsible for any cost, loss or damage which you incur as a result of a failure to obtain all necessary passports, visas and/or vaccinations. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. It is your responsibility to ensure that you and all members of your party do not behave in a way which causes or is likely to cause distress, offence or danger to others or which risks damage to property belonging to others or cause a delay or diversion to transportation. In such circumstances, all suppliers (e.g. hotel managers, airline pilots) and we have the right to terminate arrangements made on your behalf, in which case our responsibility to you ceases immediately and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. Therefore, we will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred by you as a result. Further, you will be liable to reimburse us for any expenses whatsoever that we incur as a result of such behaviour. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other suppliers prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other tour members, guests or individuals who have no connection with your booking arrangements or with us.
Age & Fitness
All Clients must satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the Company’s brochures. Clients aged 80 or above are required to complete our Tour Suitability Form, and where considered necessary, due to participation requirements, we will be happy to provide the tour on a private basis (supplements apply) or offer tailor-made holiday arrangements. No unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by us, however children of 16 or more may travel provided that they are accompanied by a parent or a guardian who accepts full responsibility for them and subject, in all cases, to our ultimate discretion. You agree to accept the authority and decisions of our employees, tour leaders, and agents whilst on tour with us. If in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour, in which case all monies paid will be forfeited and we will not be liable to pay any compensation whatsoever to such Client.
Local Laws
All participants in tours operated by us are expected to obey the laws and regulations of Tunisia and any failure to do so will relieve us of all obligations that we may otherwise have to you.
Seatbelts
Local laws relating to the wearing of seatbelt may be non-existent or not enforced and therefore local people largely choose not to wear them. For this reason local service providers may or may not have seatbelts in vehicles or they may be hidden between seats or underneath protective seat covers. It is expected that where seatbelts are available customers must use them and remain seated at all times while the vehicle is moving. As such, customers acknowledge that seatbelts may not be available and therefore travel at their own risk.
Illness or Disability
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition which may affect their participation in the tour must declare the true nature of such condition and provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen tour. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details, and may result in such persons being excluded from the tour in which case all monies paid will be forfeited and we will not be liable to pay any compensation whatsoever.
Where we accept your booking, you must make arrangements for the provision of any medication or other treatment required during the tour.
If your chosen tour includes a cruise including sailing by Felucca or other or excursion or transfer by boat of any sort you must make it known at the time of booking if you or any member of your party is unable to swim. This will not prevent that person from participating in the tour but will enable us to take additional precautions for that person’s safety at such times as may be appropriate.
For persons with pre-existing conditions including but not limited to: illness, diabetes, pregnancy, asthma, gastric reflux, cancer, heart problems, epilepsy, respiratory or mobility problems you should visit a doctor for a personal medical examination obtaining a medical clearance that certifies you as fully able to participate in the tour as described within the company literature specific to your tour or tailored arrangements prior to booking. You are responsible for assessing whether a Tour is suitable for you. We will not and do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Complaints
If you have a complaint about any of the tour arrangements, you must bring it to the attention of the tour guide or other representatives of the Company at the time so that they may use their reasonable endeavours to rectify the situation. Should the problem remain unsolved a complaint must be made in writing to us within a reasonable period of not more than (we suggest 1 month) after the completion of the tour. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Acknowledgment of Risk
The tours operated or supplied by us have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ holidays. All bookings are accepted on the understanding that you appreciate such risks and hazards and that you undertake all tours at your own volition. For group tours, the specific itinerary, inclusions and additional information related to a holiday are detailed in the tour specific trip notes. The trip notes are the singular document that accounts for what will be provided on the holiday. For tailored arrangements, the specific itinerary, inclusions and additional information related to a holiday are detailed in the final copy of your holiday itinerary. If you participate in an activity not specifically detailed as included (or where you signs a waiver to negate an inclusion in the tour/ holiday operated by us, you (i) accepts all responsibility for taking part in such an activity, (ii) accepts that no further services will be provided by us, with the exception of inclusion waiver activities and (iii) indemnify us against any and all claims related to such an activity.
Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations as set out below. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it results from:
the acts and/or omissions of the person affected; or
the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
loss of and/or damage to any luggage or personal possessions and money:the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims not falling under 3(a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
Claims in respect of international travel by air, sea, and rail, or any stay in a hotel:
The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Your travel agent
Any agent through whom you make a booking will relay information from you to us and vice versa. We are not responsible for any failure by your agent to do this properly or in good time, nor for any advice given to you by your agent that did not originate from us.
Special Requests
If you have any special requests, you should inform us at the time of booking. We and our suppliers will try to meet such requests but cannot guarantee that they will be fulfilled. If we confirm that a special request has been noted or passed to the supplier or refers to it on the confirmation invoice or elsewhere, this is not a guarantee to meet it. You will not be specifically notified if a special request cannot be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings which are conditional on the fulfillment of any special request.
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 12 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and 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 despatched to you approximately two weeks before departure. 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. Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airline concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. 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 that are subject to an operating ban within the EU community. The community list is available for inspection at: http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_en.pdf.
Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the origin. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
Products Sold in Country
Some products/services detailed on our website, for example, additional accommodation and bolt-ons, can be purchased locally, subject to availability. The cost of products/services paid locally may differ from those paid prior to travel. Prevailing and fluctuating exchange rates combined with a merchant fee (if paying via credit card) may contribute towards an increase or decrease in the amount paid. No refund of the difference will be offered by the Company.
Conditions of Suppliers
Some of the services which make up your holiday are provided by independent or third party suppliers. These suppliers maybe small family or community-based operators offering transportation including by boat or jeep to rural villages, Felucca sailing trips or other who operate with the necessary licences and permits according to local law. The services they provide come with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us.
Prompt Assistance in Resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Privacy Policy
The Company respects your privacy and is committed to protecting your personal data. Our privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you otherwise provide personal data to us via other means such as over the telephone (regardless of where you provide it from) and tell you about your privacy rights and how the law protects you.
Our privacy notice is provided in a layered format so that you can easily click through to the specific areas set out below.
Please also refer to the Glossary that we have set out at the end of the Policy if there is any terminology used in this privacy notice that you are unfamiliar with or that you don’t fully understand.
Images
Hotel images featured in our brochures and website are used for illustration purposes only. Your specific hotel (where hotel accommodation is included as part of your chosen tour) may differ from the representation provided. You agree that any images taken of your likeness whilst a participant on tours provided by us or through the supply of image(s) by fellow clients can be used in any form of media for and by us.