Equatours is the trading name of Equatours Limited, holder of Travel Trust Association Membership Number U9604 and ATOL licence number T7432. Your contract is with Equatours Limited, a company registered in England & Wales.
Registered office: International House, 24 Holborn Viaduct, London, EC1A 2BN,
UK Reg. Number: 7756117
The following Terms shall have the meanings set out below when used in these Booking Conditions:
‘We’, ‘Our’, ‘Us’, Equatours, the Company: means Equatours Limited
‘You’, ‘Yours’, ‘Your Group’, the Client: means you and/or any person you are booking an Equatours Travel Arrangements on behalf of.
‘Holiday’, ‘Tour’, ‘Trip’, ‘Trek’, ‘Cruise’: means any travel arrangements booked by you or any person on your behalf.
We set out below an explanation of the conditions that apply when you book a holiday with us. It is important that you read these conditions together with the holiday information, cruise information and holiday insurance pages (where applicable), as they not only define our obligations to you but also impose some important commitments upon you.
1. Your holiday contract
When you make a booking with Equatours you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. Once you have received your confirmation invoice, it is your responsibility to check that the information and booking details, including the spelling of all passenger names, as stated on your invoice are correct. We reserve the right to refuse to accept and/or not proceed with any booking at any time at our sole discretion. All contracts between Equatours and its clients are made on the terms of these booking conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times.
2. Your financial protection
Equatours Limited is a member of the Travel Trust Association (TTA) with membership number U9604. All monies you pay to us are and are held in an independently managed trust account.
TTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. Equatours is obliged to maintain a high standard of service to you by TTA Code of Conduct.
In the unlikely event of Equatours becoming insolvent, in most instances your money will still be held within the TTA member’s Trust Account by the designated Trustee, and available to pay for your holiday. If the money is not there, then the TTA guarantee is available to reimburse your loss. In some cases, your holiday may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance, your holiday will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
For further information about TTA Code of Conduct, contact Travel Trust Association, Albion House, High Street, Woking, Surrey, GU21 6BD, Tel: 01483 545787 or visit www.traveltrust.co.uk
Equatours Limited also holds an Air Travel Organiser’s License issued by the Civil Aviation Authority (ATOL number T7432). Where Equatours acts as the holiday organiser for holidays including air travel ATOL provides protection through the CAA.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
ATOL Protection extends primarily to customers who book and pay in the United Kingdom, and not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking. For further information, visit the ATOL website at www.atol.org.uk
Any travel related products not purchased directly through Equatours Limited, will not be protected under the Equatours, TTA or ATOL licenses.
3. Your Holiday Price & Website Accuracy
The prices on our website are correct at time of website publication, however, Equatours Limited reserves the right to raise or lower its prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices (both before and after your confirmation has been issued). Please note, changes and errors sometimes occur.
Before you make a booking, we will give you the up-to-date price including the cost of any peak-season supplements, upgrades or additional facilities, which you have requested.
The price of your confirmed holiday is subject at all times to changes in fees (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/ disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays, we will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges.
If you have to pay an increase of more than 10% of the price of your travel arrangements (excluding insurance premiums and amendments charges), 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 monies paid, except for any amendment charges and cancellation charges already incurred. 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. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period.
4. Paying for your holiday
The agreed date for paying for your holiday/tour will vary depending on the type of booking you make. Most of our Escorted Tours require payment in full at the time of booking; other holidays require a deposit payment and the balance due by a set date. Full payment will always be required at the time of making your booking if your holiday/tour is due to start within the next 10 weeks. Details of payment options will be advised at the time of booking and stated on our confirmation invoice. Split payments may be authorised on request and at our discretion. If the deposit and/or balance is not paid in time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in the table below will become payable.
In line with most operators, we make a charge for deposits and balances paid by credit cards as this reflects the charges levied on us by card companies (the charge is currently 1.5% - we will confirm the rate and amount when taking payment). No charge will be levied on deposits or balances made by debit card.
All payments made by cheque should be made payable to ‘Equatours Ltd Trust Account’.
5. Credit Card Fraud Contingency
If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if a payment is declined or if you have supplied incorrect credit card information. We also reserve the right to do random checks (including the electoral roll) in order to minimise credit card fraud. As a result, before issuing tickets we may require you to provide us with a fax or postal copy of proof of address, a copy of your credit card and a recent statement.
Adequate and valid travel insurance is compulsory for all Equatours travellers and it is a condition of Equatours accepting your booking. You must be suitably insured either through our recommended insurer or with another insurer offering suitable cover before you travel. We reserve the right to cancel your tour/holiday without refund if you cannot provide proof of adequate insurance before the scheduled departure date. You accept full responsibility for ensuring that all members of the named party comply with the terms and conditions of the travel insurance policy purchased. Should you, while on holiday choose to take part in any activity (including but not restricted to: trekking, hang gliding, hot air ballooning, white-water rafting, etc.) which can be deemed as being of a hazardous nature, it is essential to ensure that cover is provided under the terms of your travel insurance. The organisers of some adventure activities that you may choose to take part in whilst on holiday may request you to sign a waiver of their liability for risks involved. We must draw your attention to the fact that by signing such a document you may well lose any rights to claim for damages in respect of death, injury, or loss of or damage to property even if negligence on the part of the activity organiser is proven to have occurred.
7. Your Acceptance of Risk
On certain tours, to Safari Parks or Mount Kilimanjaro, for example, you will be required to sign an “acceptance of risk” form on arrival. The purpose of this form is to make you aware of the risks and dangers involved with travelling in these areas, and to indemnify the service provider and Equatours Limited from any claims made by you for incidents arising due to circumstances outside the reasonable control of both parties. You may request a copy of the applicable form at the time of booking with
(a) Special Conditions Apply for Kilimanjaro Climbs:
Confirming a Kilimanjaro Climb with Equatours signifies your agreement to abide by the authority of the Lead Guide of the service provider appointed by Equatours. The decision of the Lead Guide as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the Lead Guide, your behaviour or physical condition is detrimental to the safety, welfare of you or any member of your party (which are the paramount considerations), or if the Lead Guide considers your general wellbeing will be put at risk by continuing with the trip, you may be asked to leave the tour without the right to any refund for unused services.
(b) Risks and hazards – Mount Kilimanjaro
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure trips and that you are mentally and physically capable of undertaking your chosen trip. We do not guarantee you will reach the summit and accept no responsibility if you fail to complete the trek.
(c) Medical conditions – Mount Kilimanjaro
You must tell us if you have an existing medical condition or disability that might affect your holiday or any of your party members' enjoyment of it, before you book your trip. If, in our reasonable opinion, your chosen expedition is not suitable for your medical condition or disability we reserve the right to refuse your booking.
(d) Proper equipment – Mount Kilimanjaro
You are responsible for bringing with you the proper clothing and equipment, which we advise you about in "Plan your climb/trek" on our website. If you need to hire any equipment, you should notify us as soon as possible. If the Lead Guide does not believe you have proper equipment, you must follow his advice to hire or buy the items required locally. Clients will not be permitted to start a climb/trek unless they have proper equipment, and in this event, no refunds or compensation will be paid.
(e) Travel and Cancellation Insurance – Mount Kilimanjaro
Adequate health/travel insurance is required for the complete duration of your trip. Your insurance must include cover trekking up to 6000m, medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by foot/helicopter/air ambulance. Any subsequent costs incurred for expenses such as hotels, food, transport etc. shall be borne by the client. Equatours reserves the right to cancel your booking at any time if you have not provided proof that adequate insurance cover is in place.
8. Personal Belongings
The Company shall not be liable for any loss of or damage to baggage, personal possessions, passports and other documents or any consequential loss resulting there from, and its staff or agents are not authorised to accept responsibility for their safekeeping. We strongly recommend that you to take out insurance against loss of or damage to personal belongings.
For claims of missing or damaged baggage, you must follow the rules on the back of your flight ticket or contained within the carrier’s conditions of carriage. Please note: time limits apply to all claims and most airlines do not accept liability for high-value items, which you should insure for the appropriate amount.
10. Transfer of Booking
Transfer of booking to another person is at the Company’s discretion; however, we will endeavour to assist wherever possible. Where you are prevented from undertaking a Tour, you may transfer your booking to another person subject to both persons accepting liability for full payment of the holiday cost and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers in order to make the transfer. We must be given at least 14 days notice of the transfer request. A transfer administration fee of £50 will be charged, or £100 if the transfer is made less than 31 days before departure. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
11. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible.
The person who made the booking must make any request for changes, and you will be asked to pay an administration charge of £50 per booking and any further cost we may incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should therefore contact us as soon as possible.
(i) Certain travel arrangements (e.g. Flight tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge of that element of your travel arrangements.
12. If you cancel your holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification by mail or email from the 'lead name' on the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation shown in the grid below. It should be noted that any additional deposit paid for confirmation of a holiday addition, flight upgrade, or certain tailor-made packages will be included in the scale of cancellation charges as detailed. Should cancellation occur more than 61 days from departure, the cancellation charge will, therefore, be loss of deposit plus this additional payment.
(i) If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
(ii) If one person sharing a twin/double or triple room or cabin should cancel, the remaining participants would then be required to pay the relevant single supplement.
13. If we change or cancel your holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor, and we will advise you of them at the earliest possible date. Routings and itineraries can be affected by adverse weather, road closures or other reasons and may be varied accordingly. Cruise lines may alter itineraries at any time over which we have no control. We shall endeavour to advise you of these changes as soon as we are aware of them.
If the minimum number of clients required to operate an Equatours escorted tour is not reached, we reserve the right to substitute an Equatours guide with a local guide and/or offer alternative dates of travel.
We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a full refund of all monies paid, or accept an offer of alternative comparable travel arrangements; if available, (we will refund any price difference if the alternative is of lower value). If it is necessary to cancel your travel arrangements, we will pay you compensation as set out in the table below.
Please note that we do not have any responsibility or liability for any consequential loss you may incur from arrangements you have made with any other party or parties.
Please note that carriers such as airlines may be subject to change. Such a change is deemed a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard, closing of hotel facilities for improvement or emptying a swimming pool for cleaning if alternative facilities are available nearby.
If we make a major change to your holiday, except for reasons of Force Majeure, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements, which shall be of equal or superior quality, if available, or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will also pay compensation as detailed below.
Major Change - This means that there has been a significant change of resort, a change of accommodation to that of a lower category, a change of flight time of more than 12 hours, significant changes to itineraries, a change to destination airport and a change of departure airport (except between London airports). Please note that these are examples only and there may be other changes, which are considered major.
Force Majeure – This means any circumstances which are unusual and/or unforeseeable which are beyond the control of Equatours Limited, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to):
war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation and all similar events outside our control.
Due to the unpredictability of Force Majeure events, we shall not be liable for any changes either before departure or during the holiday, which in our opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements, or, if you do not travel, return the monies you have paid us but we will not pay you compensation.
14. Travel Delays
We have based our holidays on the services of major international airlines and whilst these airlines are rarely subject to lengthy delays, there are occasions regrettably when delays do occur. Unfortunately, we cannot accept responsibility for such events however; we will provide you with prompt assistance. Unfortunately, we cannot cover the costs of meals, overnight accommodation or any other cost resulting from delay. If you face a delay or are denied boarding, we advise you to first contact your airline that may be able to assist.
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. The Company is not liable if there is any change to a departure/arrival time previously given to the Client or shown on the Client’s ticket. The Company is not responsible for any losses suffered if the Client is delayed and misses any flights - these matters are in the sole discretion of the airline concerned.
16. Cancellation Charges
You may cancel you booking at any time, providing that the cancellation be communicated to Equatours in writing; however, certain cancellations fees will apply.
The more notice the Company receives the less the Company will charge in cancellation fees, however, in addition to the charges shown below many air tickets are non-refundable and therefore many airlines impose 100% cancellation charges.
If we cancel your holiday (excluding Force Majeure), we will refund:
More than 61 days prior to departure: Deposit (where applicable) + any refundable pre-payments
60 – 31 days prior to departure: Deposit (where applicable) + any refundable pre-payments + £25 compensation
30 – Day of departure: Full Refund + £50 compensation
If you cancel your holiday, you will forfeit:
More than 61 days prior to departure: Deposit + any non-refundable flight, accommodation, tour costs
60 – 31 days 50% + any non-refundable flight, accommodation, tour costs
30 – day of departure 100% of holiday price
Please note that the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate. We will not pay you compensation and the above options will not be available if we make a minor change, or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
In addition to the above cancellation charges, the full insurance premium is also payable in the event of a cancellation by the client. Depending on your reason for cancellation, these charges may be recoverable under your insurance policy.
Equatours will not make any refunds to those clients choosing to leave a tour/holiday after it has begun.
17. Our Liability
Tours operated or supplied by the Company 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 the Client appreciates such risk and hazards and that they undertake all tours, treks and other activities at their own volition.
(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 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example 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), we will pay you reasonable compensation. 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 claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
For all other claims, which do not involve death or personal injury, the maximum amount, we will have to pay you if we are found liable to you on any basis is the total price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(3) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(a) 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. 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.
(b) 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.
(c) 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 ourselves 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 ourselves 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.
(7) We will not accept responsibility for services or facilities, which do not form part of our agreement or where they are not advertised on our website. 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.
Special conditions for Mount Kilimanjaro Climbs see Point 7 (a, b, c, d, and e)
The package travel, package holidays and package tours regulations 1992 (’the regulations’)
(a) The Regulations impose various legal requirements on us in relation to packages. Any travel arrangement you book with us in the UK before your departure we will accept as being a package. These conditions are designed to reflect the Regulations.
(b) The Regulations particularly impose constraints on the extent to which we can change or cancel your package and impose consequences for any change or cancellation by us. They also require us to accept certain liabilities should something go wrong with your package. In the conditions dealing with changes or cancellations by us and with our liability should something go wrong with your package, we only detail those areas where we are given discretion by the Regulations. You must accordingly read these conditions in conjunction with the Regulations, a copy of which can be obtained from any branch of The Stationery Office.
In accordance with the 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 subjected to an operating ban within the EU community. This list is available for inspection at http://ec.europa.eu/trasport/index_en.htm
18. Your Responsibilities
Passports, visas, and travel documents
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry contact documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, will be responsible for reimbursing us accordingly. In the event we are asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
For up to date UK Government health and travel advice, please visit the following website: www.fco.gov.uk.
Note: Many countries require that passports are valid for six months beyond the period of your stay. We do not accept any responsibility and will not make any refunds if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Non-British Citizens, including other EU nationals, should contact the Embassy, High Commission or Consulate of your destination, for up to date advice on passport requirements.
Health & Special Requests
You are solely responsible for any vaccinations required and are responsible for ensuring that any existing medical conditions, disabilities, mobility impairment and/or any other conditions, which may require assistance, are declared to us before you book your holiday or, if newly diagnosed, before date of departure. Some of the accommodation and resorts featured may lack facilities, such as ramps for wheelchairs, lifts etc, and so it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs.
We can only accept your booking upon the clear understanding that we cannot be liable if you do not inform us of such a condition, and as a result, your hotel cannot accommodate you or an airline refuses to accept you or any member of your party as a passenger.
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will 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.
Please see special conditions for Mount Kilimanjaro Climbs in Point 7 (a, b, c, d, and e)
Compliance with local laws, customs, foreign exchange and drug regulations will be strictly enforced by Equatours representatives, and interference or failure to comply with these regulations may result in immediate removal from the tour with no right of refund.
When you book a Holiday or tour with Equatours Limited, you accept responsibility for the proper conduct for yourself and your party whilst on Holiday. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
19. If you have a complaint
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform our representative and the supplier of the service(s) in question and complete a report form whilst in resort. This allows us the opportunity to put things right on the spot, as most problems or complaints can be resolved while you are away. However, if you remain dissatisfied, please call us on +44 (0) 20 3239 3235 in order that we are allowed the opportunity to find a reasonable solution.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department info(at)equatours.co.uk or Equatours, International House, 24 Holborn Viaduct, London, EC1A 2BN, giving your booking reference and all other relevant information, keeping your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract.
20. What happens to complaints?
We are obliged to maintain a high standard of service to you by TTA’s Code of Conduct. In order to provide full customer satisfaction we will strive to reach an amicable settlement with any complaints we may receive.
In the unlikely event that you have a complaint that cannot be settled amicably between us, and a breakdown of communications occurs, the Travel Trust Association can act as an independent intermediary. Further details may be found at www.traveltrust.co.uk
21. Data Protection Act
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, passport details, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. However, we must pass the information on to the relevant suppliers of your arrangements such as airlines, hotels, transport companies, etc. This information may also be provided to public authorities by our suppliers for customs/immigration purposes or as required by law. Where such information is required, if we do not receive this in time, your booking may have to be cancelled or an administration fee may be levied by the supplier and we reserve the right to pass this cost on to you. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection may not be as strong as the legal requirements in this country. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot process your booking. In making your booking, you consent to this information being passed on to the relevant persons.
Booking Conditions: by booking a trip and paying a deposit, you are accepting our terms and conditions as described in the booking conditions. The booking conditions may only be waived by a director of Equatours and in writing. On acceptance of your booking, we agree to carry out our obligations to you as defined in our trip itinerary. These conditions are subject to and shall be construed according to English law.