Booking Conditions
These Booking Conditions DO NOT apply to the 2009 Wine & Archaeology Cruise, please refer to the download centre on this website for the 2009 Cruise Booking Conditions.
These conditions, together with the relevant Brochure description, itinerary and the further information pages in the brochure form the Client's contract with the Company. In these conditions "the Company" shall mean Arblaster and Clarke Wine Tours Ltd, company registered in England number 2966601 and/or their subsidiary or associated companies. The "Client", shall mean the signatory of the booking form and everyone named in the booking form or added subsequently.
For Private Group Tours there are additional conditions which are made available to you before you book.
Booking Conditions
These conditions, together with the relevant Brochure description, itinerary and the further information pages in the brochure form the Client's contract with the Company. In these conditions "the Company" shall mean Arblaster and Clarke Wine Tours Ltd, company registered in England number 2966601 and/or their subsidiary or associated companies. The "Client", shall mean the signatory of the booking form and everyone named in the booking form or added subsequently. For Private Group Tours there are additional conditions which are made available to you before you book.
1a) CONTRACT: In order to make a booking you may provide credit/debit card details by phone or fax or complete and sign the booking form and send it to us with the correct deposit or full payment as applicable.
A contract will come into existence between you and us when we confirm verbally on the phone or on issue of a confirmation invoice when you have applied by email, fax or post.
You must notify us within 14 days of the date specified on the invoice if such confirmation invoice does not confirm accurately your reservation, failing which you shall be bound by the invoice.
Verbal descriptions, agreements, requests and alterations to these terms and conditions can be misunderstood and are hard to confirm or clarify subsequently. For your own protection you should obtain all such information and communication in writing from us.
1b) LAW & JURISDICTION A binding contract comes into existence between you and us when we dispatch our confirmation invoice to the party leader. English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set below).
We also agree that any dispute, claim or any other matter of any description (and whether or not invoicing injury) which arises between us must be dealt with under the AITO Arbitration Scheme (if the Scheme is available for the claim in question) or by the Courts of England and Wales, unless, in the case of Court proceedings, if you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales.
If proceedings are brought in Scotland and Northern Ireland, you must choose to have your contract and any dispute, claim or other matter of nay description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply.)
2a) THE HOLIDAY PRICE includes all items specified in the itinerary, together with any extras & special requests detailed on your booking form and confirmed in writing with our confirmation invoice. Once the price of your chosen holiday has been confirmed then, subject to the correction of errors, we are pleased to guarantee this price.
2b) We reserve the right to increase or decrease the prices of unsold holidays at any time (see also clause 2c). For example, we release our flight seat allocations back to the airlines we use no later than 45 days before the departure date of each of our flight inclusive tours.
After this time, we may still be able to book the flight element of any of our flight inclusive tours for you (subject to availability) but we may only be able to secure the flight at a price higher than that which would have been payable prior to our contractual release date. This means that the price payable for your flight inclusive tour may be higher than that advertised in our brochure. You are of course free to secure your own flight arrangements and purchase the non-flight elements of the tour from us.
2c) We reserve the right to change and correct errors in any of the prices, services or other particulars contained in this brochure at any time before we enter into a contract with you. Examples of where a price might change after the brochure is printed is if there is a change in government taxes, fuel costs, or fees at ports and airports or where there is an increase to us for any of the costs involved in the holiday. If there is any change or error of which we are aware, we will notify you of this before you enter into such a contract.
3) PAYING THE BALANCE: Please see "How To Book"
4a) AMENDMENTS BY YOU: We will always try to comply with alterations to the booking where possible but will charge an amendment fee of up to £50 per person to cover any fees imposed by airlines, plus any charges imposed on us by the suppliers of the component part of the package. Requests for amendments must be submitted in writing by the person who signed the booking form.
4b) TRANSFERS: You may change your booking up to 7 days before departure by transferring it to another person if you are unavoidably prevented from travelling, and the person to whom you wish to transfer the holiday meets any conditions which may apply to it. The right to transfer is subject to a payment of an administration fee of £50 per person, and the payment costs incurred in making the transfer. This may include the cost of new flight tickets, since airlines will often treat a change of name on a ticket as a cancellation and new booking.
5) ALTERATION BY US: These tours have been carefully arranged, and the descriptions in the brochure and on the itineraries are as accurate as possible. However tours are planned far in advance, and changes can become desirable or unavoidable. Most operational changes are of a minor nature and although the Company is not obliged to inform you, we may well do so. Where it is necessary to make a "significant change", we will inform you as soon as possible before you depart. You may then:
a) accept the change
b) book any other holiday from this brochure, subject to availability and where the price is less the company will refund you the difference, or where the price is more you will be expected to pay the difference)
c) cancel your booking and receive a full refund of all monies paid. In addition the Company will pay compensation if deemed appropriate of an amount which is reasonable taking into account all the circumstances. An example of where it would not be deemed appropriate to award such compensation would be if a significant change resulted from force majeure circumstances or low bookings as defined below.
For the purposes of your contract with the Company, a “significant change” is defined as a change of UK departure point (but not between Gatwick, Heathrow, London City or Stansted airports nor between Dover ferry and Folkestone Le Shuttle) to a lower official standard of accommodation; of scheduled departure / return time by more than 16 hours or where the tour would be no longer based in the general wine region advertised. For the purpose of this clause, force majeure means unusual and unforeseeable circumstances beyond the control of the Company or its suppliers, the consequences of which could not be avoided by the Company even with the exercise of all due care. Low bookings is a situation in which the minimum number of person required to run the package is not met. In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you at no extra charge, or if this is impossible, or you do not accept these alternative arrangements for good reason, we will provide you with transport back to your place of departure and a pro-rata refund to the cost of the remainder of your holiday. In addition, if appropriate, we will pay you compensation as specified above.
6) CANCELLATION BY YOU: If the Client cancels the holiday of any or all of the persons named on the booking form, a charge will be made which varies according to the time the Company receives a written cancellation notice signed by the person who signed the booking form.
| Cancellation charges: | Inclusive travel by cross Channel ferry or Le Shuttle | All Other |
|---|---|---|
| 56 or more days before departure | loss of deposit | loss of deposit |
| 43-55 days before departure | loss of departure | -40% |
| 29-42 days before departure | -30% | -60% |
| 15-28 days before departure | -50% | -75% |
| 1-14 days before departure | -100% | -100% |
| day of departure | -100% | -100% |
The travel insurance we offer covers cancellation for the reasons specified in the policy. Insurance premiums are in all circumstances non-refundable and non-transferable.
7) CANCELLATION BY US: The Company reserves the right to cancel your holiday arrangements though this is an extremely rare occurrence. Should this happen, the Company will give you as early notification as possible and you will be entitled to book any other available holiday from this programme, (where the cost is less you will be refunded the difference but where the cost is more you will be expected to pay the additional cost), or entitled to receive a full refund. In the case of cancellation due to low bookings, the company will advise you no later than 56 days before departure.
In addition, you will be entitled in the same circumstances and as appropriate as set out at (5) above in relation to significant alterations before departure, to receive compensation. For the avoidance of doubt the Company will not be liable for refunds for additional travel costs such as for connecting flights or other travel arrangements, if the reservation was not made through us.
8) RATIO of staff to clients: Tours may be escorted by one or two people as wine guides/tour managers, as described in the itinerary. Where the itinerary indicates that the tour will be escorted by two people, but the actual amount of passengers is less than the maximum party number, then that tour may be escorted by only one person. The coach may be smaller and of a different specification for smaller parties.
9a) TRANSPORT: Departure timings will be confirmed with the tickets and final itinerary and will apply throughout the tour unless advised otherwise by the Tour Manager. It is the Client's responsibility to arrive promptly at these times, and no liability is accepted for any costs if the Client fails to do so. The company reserves the right to substitute the carrier where it considers it necessary or desirable.
9b) DELAY: Although it is deemed to be the responsibility of the carrier to make appropriate arrangements in the case of serious delay, where this is not forthcoming, the Company will make every effort to assist with making appropriate arrangements. However any costs incurred must either be paid for by the carrier where appropriate, or in most cases will be payable direct by the Client, and then reclaimed from the Clients travel insurance. It is therefore, the Clients responsibility to ensure that your travel insurance covers you for delayed departure or return, especially where you have booked connecting flights (and that you have sufficient funds or method of payment with you to cover such an eventuality).
10) PASSPORTS: A valid in date passport is necessary for all clients. For UK residents it is advisable to apply for a passport or a renewal at least 3 weeks before departure. Forms are available at main Post Offices. If any client changes their name between booking a holiday and travelling, they should contact the Company to have the change made to their ticket in plenty of time. Appropriate documentation, e.g. marriage certificate should be carried if the passport has not been amended. For residents of other EU states, please ensure that you inform us of your nationality when you book.
11) VISAS: EU passport holders require a Visa for Australia, but not as of 1/09/07 for any other destinations featured in this brochure. For Sri Lanka, South Africa & New Zealand you must have at least 6 months validity on your passport from the date of travel and for South Africa you must have one clean page in your passport. Clients holding other passports should check with the relevant embassy. Clients travelling from, or returning to the EU without a valid passport or Visa do so at their own risk and the Company accepts no financial responsibility for costs incurred.
12a) HEALTH & SAFETY: Clients are advised to obtain the Department of Health leaflet "Protect your Health Abroad" from the DOH, their Doctor or a Travel Agent. The Company advises that anyone who is not in general good health, or is pregnant, or elderly, or suffers from any condition should only travel with their doctor's consent, and they should ensure that they bring correct medicines. You are further advised to carry Form El11 with you, the application form is obtainable from the Post Office.
Currently (as of 1/09/07) here are no health formalities to be completed by EU citizens for any of the countries featured in this brochure. For up to date safety concerning travelling to any of the destinations we feature contact the FCO on 0207 238 4503 FAX: 0207 238 4545, www.fco.gov.uk.
Should you be taken ill whilst on an escorted tour we will arrange for professional medical care as appropriate and as quickly as practically possible and, where necessary inform your travel insurers. Please ensure that your passport has your next of kin details so that we can make arrangements for them to be contacted in an emergency. Please note that all costs incurred by the company in providing this assistance, including payment for any transport and phone calls must be reimbursed to the company. A receipt will be issued so that you can present this to your travel insurers.
12b) AGE & FITNESS. 18 is the minimum age. There is no specific upper limit, this is determined by fitness and mobility. The nature of the tours is such that you will be required to stand for extended periods of time at wineries and there are often winery steps to negotiate. If you are over 70 or you have any difficulty walking or there is any other factor which makes it difficult for you to take part in any part of the tour or travel arrangements unaided, or may affect your ability to enjoy your holiday, you must discuss the tour with us prior to booking or inform us should the above become the case after you book. The coaches we provide during the holiday are not adapted for wheelchairs. If you use a wheelchair, you must notify us of this before you book your holiday.
13) INSURANCE: It is a condition of booking that clients have adequate travel insurance with medical emergency assistance cover and 3rd party liability. Arblaster & Clarke Wine Tours Travel Insurance covers these areas (see Insurance details). Clients travelling with different Travel Insurance must provide us with: the name & telephone number of the company; the policy number & the phone number of the Emergency Assistance Service. It is the Clients responsibility to check that this insurance is valid at the time of travel and the Company cannot be held liable for any costs incurred if it is not.
14) BEHAVIOUR OF THE CLIENT: The Client undertakes to deport himself in an orderly fashion, not to disrupt the enjoyment of others or to prejudice the Company’s reputation with suppliers. The holiday of any client in breach of this clause shall be terminated forthwith and the Company shall have no further contractual obligation towards him.
The Client is liable for all damage and losses caused by his actions. Our holiday insurance covers against 3rd party risks.
15) LIABILITY:
(i) Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
(ii) For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (iii) and (iv) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any amendment charges or insurance premiums), a refund of any directly attributable expenses, and an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions) will be deducted from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have, liability subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation.
(iv) We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or 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 neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and / or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If your baggage is lost, damaged or destroyed in any circumstance not subject to an international convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements.
(vi) If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.
(vii) You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday. If you think that you are entitled to compensation from us, you must write to us at Arblaster & Clarke Wine Tours Ltd outlining the nature of the complaint within 90 days of your return from holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either us or any relevant supplier.
(ix) The Company shall not be liable for any claims arising from non-included items on the itinerary, such as for example, additional meals at restaurants not included in the tour price, even if such venues or excursions have been recommended or booked by one of our representatives.
16) SPECIAL REQUESTS: All special requests must be advised to us in writing at the time of booking. We will check any reasonable request with the relevant supplier and if we receive confirmation of this from the supplier, will confirm it to you. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.
17) SUPPLIERS: Airlines, coach companies, hoteliers and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
18) DATA PROTECTION: We will provide your name to the hotels and airlines and to other suppliers where necessary which will generally (but not always) be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you.
19) COMPLAINTS: We have done everything we can to give you an enjoyable holiday and indeed it is very important to us that you do have a good holiday as we passionately believe that holidays are important. We have always had very satisfied clients. If you are in any way dissatisfied with any aspect of your holiday, you must notify our Tour Manager or any relevant supplier as soon as possible. This is so that you can give us and our suppliers the opportunity to, where possible, resolve any problems on the spot before they can spoil your holiday. If you are ill whilst on holiday you must in addition to reporting your illness to our Tour Manager, consult a local doctor and also your GP on return to the UK. Should you wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both these doctors. If you think that you are entitled to compensation from us, you must write to us outlining the nature of the complaint within 60 days of the end of the tour. Failure to follow this procedure may reduce or extinguish any rights that you may have to make a claim against us or any relevant supplier.
Disputes arising out of, or in connection with this contract can be settled amicably under the AITO Independent Dispute Settlement Scheme. This is a special scheme devised by AITO and administered by neutral mediators. It operates at a reasonable cost, without the need to travel, with the mediator getting on the phone to talk to the parties concerned. The decision is binding and will normally be given within 28 days.
Full details of flights and what the price includes are on the detailed itinerary of each tour. ATOL license 2543 is held by Arblaster & Clarke Wine Tours Ltd. Company registered in England no. 2966601.
Travel Insurance
All clients must have travel insurance with medical emergency assistance and liability cover. If you do not take our insurance it is your responsibility to ensure that we have written details of your alternative insurance so that we can assist you in case of an emergency. Please ensure that you complete the relevant section on the booking form.
Arblaster & Clarke are happy to recommend to you the following insurance that has been arranged for us by Gold Cover Travel Insurance under a master policy agreement.
Full details of the policy cover, conditions, exclusions and of the insurance underwriters will be contained in the policy document sent to you with your booking confirmation.
Your policy contains restrictions regarding pre-existing medical problems concerning the health of the people travelling and of other people upon whose health the trip may depend. Full details are also available upon request. This insurance is only available to persons who are permanently resident and domiciled in the UK.
EMERGENCY ASSISTANCE:
Our policy has an Emergency assistance service. There is a 24 hour emergency assistance service included in the policy so that any insured person may seek assistance in medical emergencies whilst on holiday. Full details are contained in the policy document.
IMPORTANT CONDITION:
Are you, any insured person, relative or close business associate
1. Taking or been advised by a doctor to take any medication for a medical condition?
2. Ever had any heart, breathing or cancer related condition?
3. Currently awaiting diagnosis or treatment for any condition?
If so you must telephone the CSA Healthline for advice on whether the condition can be covered or whether there will be an additonal charge or amendments to the policy.
CSA Healthline: 0870 3669375 (9.30 - 5.30 Monday - Friday).
IMPORTANT NOTICE
Under the Association of British Insurers Code of Practice we must draw your attention to important features of your Policies including:
Availability: Policies are only available to UK and Channel Island residents.
Policy Document: You should read the document carefully as it provides full details of what is and is not covered and the conditions of the cover.
Conditions, Exclusions and Warranties: Conditions and exclusions will apply to individual sections of your policy, while general exclusions, conditions and warranties will apply to the whole of your policy.
Health: your travel policy contains restrictions regarding pre-existing medical problems concerning the health of the people travelling and of other people upon whose health the trip may depend. You are advised to read your policy carefully.
Dangerous Sports or Pastimes: If you are going to take part in dangerous sports or pastimes where there is a risk of injury, check that your policy covers you.
Property Claims: These claims are paid based on the indemnity value of the goods at the time you lose them and not on a new for old; or replacement cost basis.
Policy Limits: Most sections of your policy have limits on the amount the insurer will pay under that section. Some sections also include other specific limits, for example, for any one item or for valuables in total. You are advised to check your policy.
Policy Excesses: Under most sections of your policy, claims will be subject to an excess. This means that you will be responsible for paying the first part of the claim. The amount you have to pay is the excess.
Reasonable Care: You need to take all reasonable care to protect yourself and your property, as you would if you were not insured.
Complaints: Your Policy will have in it a complaints procedure which tells you what steps you can take if you wish to make a complaint.
"Cooling off" Period: If you have a reason for being dissatisfied with the cover provided by your policy, you may return it to the agent that sold you the policy within 14 days from the date of issue. They will refund your premium in full provided no claims have been made and they receive your returned policy prior to your departure date.
Fraudulent Claims: It is a criminal offense to make a fraudulent claim.
Your policy is governed by English law and your insurer is identified in the policy document. If you would like more information you should ask your agent, particularly if you feel the insurance may not meet your needs.
PLEASE MAKE SURE YOU READ YOUR POLICY CAREFULLY
Annual Travel Insurance
We also offer Annual Travel Insurance Policies. Premiums are competitive and vary according to age, maximum single trip length and whether or a single person, couple or family. Please ask for details when you book.
Travel Insurance for Non UK Residents
Separate arrangements are available from Gold Cover Travel Insurance for Non UK Residents.
European Motoring Breakdown Cover
Gold Cover European Motoring Breakdown Assistance is arranged by Gold Cover Insurance Services Ltd under a master policy agreement. It is provided by RAC Motoring Services and RAC Insurance Ltd, both of whom are members of the General Insurance Standards Council. Older vehicles and trailers can also be covered.
