Equatours is a 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: 85 Great Portland Street, First Floor, London, W1W 7LT, UK Company Registration 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, 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 Limited 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 Limited is obliged to maintain a high standard of service to you by TTA Code of Conduct.
In the unlikely event of Equatours Limited 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. Key Rights under the Package Travel and Linked Travel Arrangements Regulations 2018
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. Equatours will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Equatours has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.equatours.co.uk/package-regulations/
More information on The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
Please note that the Foreign, Commonwealth & Development Office (FCDO) currently advises against all but essential travel to a number of overseas destinations, including popular holiday destinations in which we operate. However, many of these destinations remain open and welcoming to UK tourists and flights to and from these destinations continue to operate. Whilst holiday destinations remain open to UK tourists, flights continue to operate and holiday services can be performed, we will continue to offer holidays to our customers who wish to travel.
If you book a holiday with us during the Covid-19 pandemic, you confirm that you have checked, understand and accept the FCDO travel advice relating to your chosen destination, including where there may be a requirement on you to quarantine upon your return to the UK (or in destination), and understand and accept that there is a heightened risk of travelling during the Covid-19 pandemic, beyond that associated with travel during ordinary times. You are also required to purchase a specialist travel insurance which includes certain cover for Covid-19.
You are required to read and accept this Acknowledgment of Risk (see below of T&C's) which hereby forms part of your contract with us.
For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites before booking in order to make an informed decision about your chosen destination, and again before departure.
You must purchase specialist travel insurance policy available which includes specific cover for Covid-19 related issues and incidents which may affect your travel arrangements [and travelling to a destination subject to a FCDO advisory against travel], You can choose to purchase the travel insurance offered by us on our website or a comparable alternative. It remains your responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for your particular needs. Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
Cancellation – the following clauses are in addition to our standard cancellation terms and charges:
Where you are choosing to travel to a destination subject to the FCDO advisory against non-essential travel, you accept that once your booking has been confirmed, if you decide not to travel due to the FCDO advisory, you will have to pay our standard cancellation charges as shown in clause 14 of these booking conditions – you are not entitled to cancel and receive a full refund in these circumstances, as it is assumed and you confirm that you have made your booking with full knowledge of the FCDO advisory against non-essential travel.
Where your chosen destination is exempt from the FCDO advisory against non-essential travel at the time of booking but is subsequently removed from the FCDO exemption list and at that point becomes subject to the FCDO advisory against non-essential travel, you accept that you will not have the right to cancel your booking and receive a full refund. If you choose to no longer travel in these circumstances, you will have to pay our standard cancellation charges as shown in clause 14 of these booking conditions, as you made your booking with full knowledge of the risks of travelling during the Covid-19 pandemic.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(a) If you, or anyone in your booking party, test positive for Covid-19, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us immediately as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
a. Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by suppliers);
b. If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to compliance with the requirements within our booking conditions;
c. Cancelling your booking, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance – please check your policy wording.
If this happens whilst you are on your holiday, please notify us immediately and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. Your travel insurance may cover some of these costs for you – please check the policy wording.
(b) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied boarding, entry to the destination, access to the travel services or you are otherwise unable to proceed with your holiday, or any part of the holiday, or you are required to self-isolate within the destination. Your travel insurance may cover some of these costs for you – please check the policy wording.
Your holiday experience
You acknowledge that the suppliers providing your holiday will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability and temperature testing. We do not expect these measures to have a significant impact on your enjoyment of your holiday and all measures will be taken with the purpose of securing your safety and those around you.
Events Beyond Our Control
In these booking conditions, “Events Beyond Our Control” means a situation which is beyond our or the supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in these booking conditions, we have no liability including for compensation, costs and expenses in such situations.
5. Your Holiday Price & Website Accuracy
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 services mean that the price of your travel arrangements may change after you have booked your holiday.
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 any amendment charges.
If you have to pay an increase of more than 8% of the price of your travel arrangements (excluding amendments charges), you will have the option of accepting a change to another holiday if we are able to offer one 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.
Should the price of your travel arrangements go down due to the aforementioned changes (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/ disembarkation fees at ports/airports), by more than 2% of the total cost of your travel arrangements, then any refund due will be paid to you. We will deduct from this refund our administration expenses incurred. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel arrangements due to contractual and other protections in place.
6. Paying for your holiday
The agreed date for paying for your holiday/tour will vary depending on the type of booking you make. Some 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.
All payments made by cheque should be made payable to ‘Equatours Ltd Trust Account’.
7. 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 travel documents 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 travel documents we may require you to provide us with a 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 Limited travellers and it is a condition of Equatours Limited accepting your booking. You must be suitably insured for the destination you intend to visit and any activities in which you intend to participate in 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, mountain biking, road cycling, 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.
9. 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.
(a) Special Conditions for Hiking, Trekking & Cycling Holidays:
Confirming a Hiking, Trekking or Cycling (Road or MTB) Tour with Equatours Limited signifies your agreement to abide by the authority of the Lead Guide of the service provider appointed by us. 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:
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure/activity/sports trips and that you are mentally and physically capable of undertaking your chosen trip. We do not guarantee you will reach the summit on mountain expeditions and accept no responsibility if you fail to complete the trek/biking tour.
(c) Medical Conditions:
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 activity holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking.
(d) Personal Protective Equipment (PPE)
You are responsible for bringing with you the proper clothing and equipment for the adventure/activity/sporting tour in which you intend to participate. If you need to hire any PPE equipment, you should notify us at the time of booking. 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/cycling holiday unless they have proper equipment, and in this event, no refunds or compensation will be paid.
(e) Travel and Cancellation Insurance
Adequate health/travel insurance is required for the complete duration of any hiking, trekking or cycling trip. Your insurance must include cover trekking up to 6000m altitude in the case of mountain expeditions, along with 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 cannot provide proof that adequate insurance cover is in place.
10. Personal Belongings
The Company shall not be liable for any loss of or damage to baggage, personal possessions, sports/activity equipment, passports and other documents, or any consequential loss resulting there from, and its staff, agents, suppliers are not authorised to accept responsibility for their safekeeping. We strongly recommend that you to take out insurance against loss of or damage to baggage and 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.
12. Transfer of Booking
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer, including an administrative fee of £50 per person.
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. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.
13. If you change your booking
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to assist but it may not be possible. Any request for changes must be made in writing by the person who made the original booking. If it is possible to make the change, it will be subject to an administration charge of £50 per booking and payment of any further costs incurred by us as a result of the change. You should be aware that any such costs are likely to increase, the closer to the departure date the changes are made. Scheduled airlines normally regard name changes as a cancellation and rebooking, so any alteration may incur a 100% cancellation charge in respect of the air fare.
Please note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation of your Travel Arrangements and a cancellation charge of up to 100% of the relevant part(s) of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
14. If you cancel your holiday
You, or any named member of your party, may cancel your travel arrangements at any time prior to departure. Written notification by post 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 be required to pay the applicable cancellation charges (with the exception below). For more information on cancellation charges please see the notes below.
You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
(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
It is important to enquire for full details of cancellation terms at the time of booking and cancellation. We would strongly recommend that you take out appropriate travel insurance which includes cover against loss of deposit and cancellation fees.
Since we incur costs in cancelling your travel arrangements, the following scale of charges will be payable:
- If You Cancel More than 61 Days Prior to Departure:
You will forfeit: Deposit + any non-refundable flight, accommodation, tour costs
- If You Cancel 60 Days to 46 Days Prior to Departure:
You will forfeit: 50% of total booking price + any non-refundable flight, accommodation, tour costs
- If You Cancel 45 Days to Day of Departure
You will forfeit: 100% of holiday price
15. If we change or cancel your holiday
We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed and payment has been received. We must also reserve the right to cancel confirmed bookings at any time. For example, if the minimum number of travellers required for a particular travel arrangement is not reached we may have to cancel it.
Most changes are insignificant but occasionally, we may have to make a significant change. If we have to make a significant change or cancel, we will tell you as soon as possible. We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given, your booking may be cancelled. We will offer you the choice of the following options:
(a) (For significant changes) accepting the changed arrangements, or
(b) Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference), or
(c) Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
We reserve the right to cancel your booking. We will not cancel less than 10 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
In all cases, except where the significant change arises due to reasons of unavoidable and extraordinary circumstances and subject to the exceptions below, we will pay you the following compensation:
- If we cancel your holiday more than 61 Days Prior to Departure:
We will pay you NIL compensation
- If we cancel your holiday 60 Days to 46 Days Prior to Departure:
We will pay you £25 compensation
- If we cancel your holiday 45 Days to Day of Departure:
We will pay you £50 compensation
Please note: 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 an insignificant 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. We will not pay you compensation if we cancel because there has been any fraud or illegal activity involved in the payment of your booking on your credit or debit card.
We will not pay you compensation where we make a significant change or cancel more than 10 weeks before departure or in the event of unavoidable or extraordinary circumstances.
Examples of Insignificant 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.
Examples of Significant Changes Include: 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/or 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 significant.
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; epidemic, pandemic or other health emergency; 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.
Equatours Limited will not make any refunds to those clients choosing to leave a tour/holiday after it has begun.
16. 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.
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. 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. Your right to a refund and/or compensation from us is set out in clause 14. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.
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. Our Liability To You
Tours operated or supplied by Equatours 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 risks and hazards and that they undertake all cycling tours, treks and other activity holidays at their own volition.
We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control (Force Majeure), 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.
Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel and Linked Travel Arrangements Regulations 2018 impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
For 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 two times the price (excluding 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. Our liability will also be limited in accordance with and/or in an identical manner to:
a. The contractual terms of the companies that provide the transportation services for your travel arrangements. These terms are incorporated into this contract; and
b. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with these conventions, where applicable.
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. Excursions, tours, activities or other events that you may choose to book or pay for through concierge service or whilst you are away (‘Local Events’) are not part of your package holiday provided by us and these website terms and conditions do not apply. Please note that this position also includes all hazardous activities.
19. Your Responsibilities
Passports / Visas / Health Requirements / Travel Documents
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for destinations we feature (including children) and Visas (transit, business, tourist or otherwise) may be required for some destinations and depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Please note: For full details on passport requirements for your chosen holiday destination, please contact the Identity and Passport Service on 0300 222 0000 or www.direct.gov.uk. Please note: special conditions apply for travel to the USA, and all travellers must have individual machine readable passports. Please check https://uk.usembassy.gov
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. Requirements do change, and you must check the up to date position in good time before departure.
Health & Special Requests
You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through during your trip. It is your responsibility to ensure that you are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. For medical advice regarding all destinations you intend to visit or transit through during your trip you should consult your doctor and the Department of Health’s website in advance. We recommend that you take evidence of your up to date inoculations or vaccinations with you when travelling as it may be required for entry into a country or destination.
Equatours shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.
If you have any medical condition or disability which may affect your holiday or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any significant change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
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.
Where a special request e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals etc. is an important factor in your choice of holiday, you must advise us before your booking is made. We are happy to pass your request on to the hotel, airline or other supplier but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines, but we recommend that you check directly with the airline once your tickets have been issued.
The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
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.
20. 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 32393235 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 14 days of your return home by writing to our Customer Services Department firstname.lastname@example.org or Equatours, 85 Great Portland Street, First Floor, London, W1W 7LT, 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
21. 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
22. Data Protection Act
We may disclose your personal data to our suppliers in making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling.
For information on how we collect, process and manage your data in line with the General Data Protection Regulation please refer to https://www.equatours.co.uk/english/inspiration/data-protection-privacy-policy/
You are generally entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. Please identify any such enquiry to a member of our Customer Services team, who will respond to you within one month. If you believe that any of your personal data which we are processing is incorrect, please contact us immediately so it may be updated.
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.
Acknowledgement of Risk – Travelling With Equatours during the Covid-19 pandemic:
Please note that by making a booking with us, you acknowledge that you have booked your holiday and are travelling during the Covid-19 pandemic, and as such you confirm:
□ you acknowledge and accept that there is a heightened risk associated with travelling during a global pandemic, including a risk you may contract Covid-19;
□ you have checked and are aware of the latest travel advice from the UK government in relation to your chosen destination (found here: www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk), and have made an informed decision to book your holiday
□ you shall comply with all rules, regulations, laws and requirements imposed on you, whether by governmental or regulatory authorities, suppliers, airports or ports, in relation to Covid-19, including (but not limited to) any requirement on you to self-isolate, whether in destination or upon your return to the United Kingdom; to submit to a Covid-19 test (including temperature testing or a swab test); or to provide contact details for the purposes of track and trace;
□ you have purchased specialist travel insurance which includes cover for certain Covid-19 related issues or incidents which may affect your travel arrangements, and you have read and accept the insurance policy wording and understand what you are and are not covered for;
□ where you make a booking to a destination subject to the FCDO advisory against non-essential travel, you accept that once your booking has been confirmed, if you decide not to travel due to the FCDO advisory, you will have to pay our standard cancellation charges as shown in clause 14 of our booking conditions;
□ where, at the time of booking, your chosen destination is exempt from the FCDO advisory against travel, you acknowledge that this may change with very little or no notice, and if it does, you will not have the right to cancel your booking and receive a full refund. If you choose to no longer travel in these circumstances, you will have to pay our standard cancellation charges as shown in clause 14 of our booking conditions.
□ Please note that nothing in this Acknowledgement limits or excludes your statutory rights. In the event that we are prevented from performing your holiday contract due to Covid-19, for example if the destination goes into lockdown and we are no longer able to provide your holiday, we will comply with our obligations as a package organiser under the Package Travel and Linked Travel Arrangements Regulations 2018.
□ You confirm that you are authorised to accept this Acknowledgment of Risk on behalf of yourself and all travellers named on your booking.
Signed by customer Date