TERMS AND CONDITIONS FOR BOOKING TRIPS
In these terms, we refer to Simply Tudor Tours (Company Number 15091106) with registered office at 14 Orchard Road, Sutton SM1 2QA, UK as the “Company”, “our”, “we”, or “us”.
And you are “you” or “the Client”.
What are these terms about?
These terms apply when you book Tudor tour trip (a “Trip”) with us.
Please let us know if you have any questions about these terms, and do not book any Trip unless you have read and agree to these terms.
1. Booking A Trip
(a) By making a booking for a Trip with us (a “Booking”) you represent and warrant that:
(i) you have the legal capacity to enter into a binding contract with us;
(ii) you are at least 18 years old; and
(iii) you are authorised to use the debit or credit card you provide with your Booking.
(b) Making a Booking constitutes your intention and offer to enter into these terms where we will provide you with the Trip you have booked in exchange for your payment of the total amount listed on the invoice we have sent to you along with these terms (the “Invoice”).
(c) Once you make a Booking, these terms will apply to your Booking and you agree to be bound by these terms. These terms form a legally binding agreement between you and us that will continue until terminated or cancelled in accordance with these terms.
(d) By agreeing to these terms, you also agree that:
(i) you are deemed to have authority to book and accept these terms on behalf of any other person who will take part in the Trip along with yourself (“Participant”), including minors and those with a disability, and that:
(a) you are the designated contact person;
(b) you have communicated all necessary information to the other Participants;
(c) the information that you provide to us regarding all Participants is complete and accurate, and that you have permission to share such information with us; and
(d) you will inform all other named Participants of the applicability of these Terms and will ensure that all the Participants agree to and will comply with these terms, or if a Participant is not over 18, their parent or legal guardian agrees to these terms; and
(ii) you and all Participants (or if the Participant is not over 18 years old, their parent or legal guardian) will read, agree to and will sign a copy of the Waiver and Release Form at Schedule 1 on the first day of your Trip on arrival.
2. Booking Process
(a) Your Invoice sets out the full itinerary for your Trip (the “Itinerary”) and the total price of the Trip (the “Trip Price”) as agreed between us and you, among other things.
(b) Your Booking for a Trip is complete once you have paid 50% of the Trip Price as set out in the Invoice and we have confirmed receipt of payment of that sum.
3. Inclusions & Exclusions Generally
(a) The Trip Price includes all those items set out in your Invoice.
(b) Our Trips do not include, among other things, international travel, airfares, visas, travel insurance or tips.
(a) All prices in the Invoice are:
(i) per Trip (except where indicated); and
(ii) in GBP.
(b) You must pay the Trip Price in the following manner:
(i) 50% of the Trip Price within 7 days of receiving the Invoice and Itinerary to confirm the booking, as per clause 2(b) above; and
(ii) The remaining 50% of the Trip Price no later than 12 weeks before the scheduled start date of your Trip, as specified in your Invoice (the “Start Date”).
(c) The payments in clauses 4(b)(i) and (ii) shall be non-refundable once paid except as provided in clause 7 below.
Failure to pay
(d) If you have not paid 50% of the Trip Price within 7 days of receiving the Invoice and Itinerary as mentioned in clause 4(b)(i), we may offer the dates and availability set out in your Itinerary to other third parties. If you pay 50% of the Trip Price to secure your Trip after those 7 days have passed, you may still be able secure your Trip for the same Itinerary subject to our confirmation that your Itinerary is still available.
Credit Card payment
(e) If you are using a credit card to pay the Trip Price in part or in full, you agree to us obtaining payment from your credit card issuer without any objections, cancellations or disputes whatsoever.
Online payment partner
(f) We may use third-party payment providers (“Payment Providers”) to collect payments for your Trip. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(g) If we discover an error or inaccuracy in the price at which your Trip was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Trip at the correct price, or cancelling your Trip. If you choose to cancel your Trip and payment has already been debited, the full amount will be credited back to your original method of payment.
5. Your Obligations Generally
5.1 BEFORE YOUR TRIP
(a) Once your Booking has been confirmed and before the start of your Trip, we will send you an information pack which may contain information about your Trip, packing lists and other information (“Information Pack”). You must abide by all instructions provided in the Information Pack that we provide to you prior to your Trip.
(b) You are responsible for bringing with you all items and equipment you will need for your Trip which we do not provide, as set out in the Information Pack.
(c) It is your responsibility to ensure that you are in possession of the correct passports, visas, permits and certificates for your Trip.
5.2 DURING YOUR TRIP
(a) You are responsible for all your personal possessions during your Trip, and we will not be liable for any loss or damage suffered to your personal possessions, including theft.
(b) Your itinerary will stipulate any meals that might be included, outside of that, you are responsible for your meals and sustenance.
5.3 AT THE END OF YOUR TRIP
(a) You must remove all personal items and belongings on departure from accommodation property during your Trip. We have no responsibility for any personal items that are left in accommodation during or at the end of your Trip, although we will use our best endeavours to recover such property for you.
(b) You must settle any incidental expenditure not included in your package with your accommodation provider.
(a) If you or a Participant suffers any injury during your Trip, please notify us as soon as possible.
(b) Please note that our liability to you in relation to any injuries you or a Participant sustains during a Trip is limited by the provisions of these terms including clauses 10 and 14 and that you and any Participant undertake the Trip at your own risk.
7.1 CANCELLATION BY YOU
(a) You may, within 14 days from receiving notice from us that your Booking is confirmed (the “Cooling-Off Period”), cancel your Trip by notifying us via email at firstname.lastname@example.org.
(b) If you cancel your Trip:
(i) within the Cooling-Off Period, we will provide you with a full refund of the amount paid to secure your Booking subject to sub-clause (c) below;
(ii) after the Cooling-Off Period, no refund will be made.
(c) Notwithstanding anything contained in clauses 7.1(a) and 7.1(b)(i), during the Cooling-Off Period, you shall not be entitled to a refund, and we shall not be liable or obligated to refund you any monies, if we have already taken steps or made arrangements to secure your Trip for which we cannot obtain a refund.
(d) You and the Participants are advised to take out cancellation insurance at the time of Booking which will cover cancellation costs equal to the amount paid to secure the Booking. Once the full amount is due, you are advised to take out cancellation insurance for cancellation costs equal to the full price of the Trip as set out in the Invoice.
(e) A cancellation will only be effective when we receive written confirmation of the cancellation. If you leave a Trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to attend your Trip, arrive after the Start Date, or leave your Trip prior to its completion as per the Itinerary, no refund will be made.
7.2 CANCELLATION BY US
(a) We may cancel a Trip at any time prior to its scheduled Start Date if, due to political instability, extreme weather or other events it is not viable for us to operate the planned itinerary. If we have to cancel your Trip, you may request transfer amounts paid to an alternate Start Date (subject to availability) or request a full refund.
(b) We reserve the right to cancel your Trip for any other reason and will notify you of this as soon as possible.
(c) In circumstances where the cancellation is due to a Force Majeure Event (as defined in clause 15) or an external event outside our reasonable control, refunds will be after deducting any costs. We are not responsible for any incidental expenses that you may have incurred as a result of your Booking including but not limited to visas, travel or medical insurance excess or partially refundable or non-refundable flights or other methods of travel.
8. Third Party Suppliers
(a) You agree and acknowledge that we may outsource any part or the whole performance of particulars in your Itinerary (for instance, accommodation, meals and activities) or services related to the Trip to third parties or agents in the local area (“Authorised Suppliers”) without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of the Authorised Suppliers, including where such third parties cause delay to any part of your Trip, or are negligent in providing services or goods.
9. Trip Disclaimers
(a) All information provided by us as part of the Trip or provided by our personnel via email or over the phone is of general nature. No information provided by us is intended to be professional advice of any kind and it should not be relied on as such.
(b) You understand and acknowledge that participating in the Trip may expose you to risk, including accidents, injury or even death. You assume all risk associated with participating in the Trip, including but not limited to injury, risks inherent in travelling, physical risks inherent in outdoor activities, risks associated with the use of fire, risks of local wildlife, the effects of weather, including high heat, cold and/or humidity, and the loss or damage of your or other’s personal property. You understand that we are not liable for any loss or damage suffered (in accordance with clause 14 of these terms).
(c) Because the Trip may be strenuous and subject you to risk of serious injury, we urge you to consider if the Trip is right for you and any Participants with regard to your specific circumstances, including any health conditions, physical fitness and outdoor experience and aptitude. You agree that when you participate in the Trip, you participate entirely at your own risk.
(d) You acknowledge and agree that you use the Trip accommodation properties at your own risk and you are responsible for making your own enquiries into the safety of your Trip and we are not liable for any loss or damage you may suffer in this regard.
10. Travel & Medical Insurance
(a) Each traveller must purchase comprehensive travel and medical insurance at the time of your Booking. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, re-routing or rescheduling of your Trip or any emergency (medical or other) that may arise during your travels. You agree that in the event of you failing to purchase adequate insurance cover, you will not hold the Company responsible for any harm, damage, injury or loss that you may suffer including death.
(b) Travel and medical insurance is mandatory for all our guests for their Trips and must be taken out at the time of Booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation. We also recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
If you have a complaint about your Trip, please inform your guide or us by phone (at the contact number provided in your Invoice) or by email at email@example.com at the time in order that we or they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the Trip.
12. Intellectual Property
(a) The Company (or third parties, as applicable) retains ownership of the Information Packs and all information materials (including text, graphics, logos, design, icons, images, sound and video recordings, pricing and downloads) (the “Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish any Content or otherwise commercialise any Content without prior written consent from the Company or as permitted by law.
(c) In this clause, “Intellectual Property Rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
Limitation of liability
(a) To the maximum extent permitted by applicable law, the maximum aggregate liability of the Company and its Authorised Suppliers to you or any Participant in respect of loss or damage sustained by you or any Participant under or in connection with the terms is limited to the total amount paid to the Company by you in the 6 months preceding the first event giving rise to the relevant liability.
(b) You agree at all times to release, indemnify and hold harmless the Company, its Authorised Suppliers, directors, shareholders, volunteers, officers, employees and agents (“those indemnified“) from and against any loss (including reasonable legal costs), damage, injury, claims, cause of action or liability incurred or suffered by any of those indemnified where such loss, damage, injury, claims, cause of action or liability was caused or contributed to by you, a Participant or any of your or the Participant’s personal representative, members of your or the Participant family, including minor children:
(i) in breach of any term of these terms;
(ii) through your failure to procure the appropriate travel and medical insurance in respect of the Trip; or
(iii) through negligent, fraudulent or criminal act or omission.
(c) The Company will not be liable for any indirect, incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms or any goods or services provided by the Company or the Authorised Suppliers, except to the extent this liability cannot be excluded under the applicable consumer law.
(d) Without limitation to the other provisions of these terms, you agree and acknowledge that the Company is not liable for any claim under or in relation to or arising out of these terms unless you or the Participant has first made a claim under any insurance policy held by you or the Participant that may cover that claim, and that claim has been denied in whole or partly by the relevant insurer. The Company’s liability (if any) will be reduced to the extent the loss or damage is caused by or contributed to by you or the Participant.
(e) This clause 14 applies to the fullest extent permitted by law and will survive the termination of this agreement.
14. Force Majeure
(a) If a party (the “Affected Party”) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 15(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of these terms, a “Force Majeure Event” means any:
(i) act of God, lightning strike, volcanic eruption, meteor strike, earthquake, storm, adverse weather conditions, flood, landslide, explosion or fire;
(ii) labour strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic;
(iv) health emergency, unavoidable technical problems with transport and all similar events outside our or the Authorised Supplier’s control; or
(v) any advice or decision of a government authority or foreign office, or any threat beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address provided at the time of signup, or if no email address is provided, then the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (an “Email Address”). The parties may update their Email Address by written notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
16.1 GOVERNING LAW AND JURISDICTION
These terms are governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, and the courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with performing these terms.
16.5 ENTIRE AGREEMENT
These terms constitute the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
16.6 THIRD PARTY RIGHTS
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
(a) singular and plural words in the singular includes the plural (and vice versa);
(b) gender words indicating a gender includes the corresponding words of any other gender;
(c) defined terms if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) person a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) party a reference to “you” or a “party” includes that party’s successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) these terms a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) document a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) headings headings and words in bold type are for convenience only and do not affect interpretation;
(i) includes the word “includes” and similar words in any form is not a word of limitation; and
(j) adverse interpretation no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.