Booking Terms and Conditions
I. The Contract
These are the Booking Terms and Conditions of the contract between BAT Adventure and you the client. All persons wishing to make a booking must have carefully read and understood the “Booking Terms and Conditions” that follow, as they are an important part of the contract for your trip. All trips advertised in our brochures and on our website are operated by BAT Adventure hereinafter called “the Company”, ”we”, “our” or “us”, whose registered head office is at 80 Roystonhill, 2/2, Glasgow G21 2LG, Scotland, United Kingdom. We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
II. Full Financial Protection
When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser's Licence number T7383. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund the flight costs you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.
The price of your holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our quotations and for your repatriation in the event of our insolvency.
For package holidays that do not include travel by air we provide this security by way of a bond held by Travel Trust Association. We are a Member of TTA, membership number U8832. This means we maintain the highest standards within the industry and your holiday is financially protected against Tour Operator or Airline /Hotel failure. When you make a booking, you will be supplied with a guarantee certificate. You can see the terms of our guarantee on www.traveltrust.co.uk/guarantee
BAT Adventure has public liability insurance. We very strongly advise you to take out an adequate travel insurance. Information about travel insurance can be found elsewhere on our website. Please read your insurance policy and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. For those who participate in sports, water sports and winter sports whilst on holiday it is your responsibility to ensure that you obtain the relevant insurance cover.
IV. How to Book
The booking can be done via our website www.batadventure.com. The person making the booking (the “Lead Customer”) must be a minimum of 18 years old and possess the legal capacity and authority to make the booking. The lead customer accepts the Booking Conditions on behalt of all those named on the booking form. Acceptance of the terms and conditions by the lead customer is legally binding for all those named on the booking form. The minimum age for a person travelling on tours is 10 (for Family designated tours, the minimum age is 5). No more than 2 children (under 18) can accompany each adult. All enquiries with respect to children are subject to review and approval by the Company that reserves the right to limit the number of travelers under 18 years old on selected tours. If the adult accompanying the child is not the child’s parent or parents are divorced or separated, the "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company 14 days prior to the departure date.
When you make a booking, you will need to pay a non-refundable deposit of 20% of your selected trip arrangements. We will then invoice you for the reminder of the cost due before you travel, which you must pay not later than 60 days before departure. If you book less than 60 days before departure of the first service booked then the full amount is payable at the time the booking is confirmed. If you do not pay the balance by the due date your booking will be cancelled and we shall retain your deposit.
When you receive the Confirmation of your trip and Invoice please check all the details carefully and inform us immediately if anything is missing or incorrect. Name on travel documents must exactly match those in your passport. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the names shown in your passport differ from those on your ticket. Travel documents will be emailed to you minimum 14 days before departure, and will not be issued unless payment of the due balance has been received. If you miss a flight or incur any disruption as a result of not following our instructions contained in the confirmation we will have no liability to you. The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and suffered during the transaction of the tour cost.
All prices are shown in £ Sterling and the prices we advertise are accurate at the date published, but we reserve the right to alter the prices of any of the trips shown in our brochure or website. You will be advised of the current price of the tour that you wish to book before your reservation is confirmed. Before you make a booking we will give you the up-to-date price of your chosen trip including any flight supplements or additional facilities which you have requested.
VI. Changes and cancellation of a tour by Client
A. If you cancel your booking
You may cancel your travel arrangements at any time. Any cancellation must be made by the “Lead Name” person in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company will determine the cancellation fees applicable. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below:
- Cancellation more than 56 days before departure: loss of deposit
- Cancellation between 56 and 42 days before departure: 50% of cost of the tour
- Cancellation between 41 and 28 days before departure: 60% of cost of the tour
- Cancellation between 27 and 15 days before departure: 80% of cost of the tour
- Cancellation 14 days or less before departure (or failure to join the holiday): 100% of cost of the tour
Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Please note: If only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.
B. If you change your booking
If you wish to change your travel arrangements to an existing booking or a change to another tour or departure date, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration fee of £30 per person, and any further cost we suffer 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 contact us as soon as possible.
Please note: Certain travel arrangements e.g. scheduled transport; the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued.
Where you are unable to travel you can transfer your booking to another person, with the following restrictions:
- You must notify us in writing at least 31 days before departure.
- Your request is accompanied by all travel documents which you have received and the full name and address of the transferee.
- The transferee must complete any conditions that apply to the booking.
- Payment by you of an administrative charge of £30 per person plus payment of all costs charged or levied by those supplying your travel arrangements.
- Please Note: All communications relating to any requests to cancel or amend your holiday arrangements must be from the “Lead Name” in writing and in English and delivered by email, fax, hand or sent by recorded delivery post to BAT Adventure, 80 Roystonhill, 2/2, Glasgow G21 2LG, United Kingdom.
VII. Changes and cancellation of a tour by the Company
We begin planning the arrangements we offer many months in advance and we reserve the right to cancel or change your booking or any of the facilities, services or prices described in our brochures or website. When a tour is cancelled by us, you may choose between 100% refund of all the costs you paid or at our option any alternative tour offered by us at no extra cost. If the alternative trip chosen is of a lower value than that originally booked, then you are entitled to a refund of the price difference. If you are offered a refund but requests an alternative tour of a higher value than that originally booked, then you must pay the difference in price.
In all cases, except where the Major Change arises due to reasons of Force Majeure and subject to the exceptions below, we will pay you the following compensation as detailed below:
Period before departure when a major change is notified Compensation per person:
More than 56 days Nil
Between 55 and 28 days £20.00
Between 27 and 14 days £30.00
Between 13 days and the date of travel £40.00
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 will not pay you compensation where we make a Major Change or cancel more than 56 days before departure or in the event of Force Majeure such as a war, strike, riot, act of terrorism or an event described by the legal term "act of God" (flooding, earthquake, volcanic eruption, etc.).
Compensation will not be payable if we are forced to cancel, or in any way change your tour for reasons of consolidation due to minimum numbers not being attained. Operation of all tours is dependent on a minimum number of persons booking the tour. If that number is not achieved, we reserve the right to cancel the tour.
Please note: We are not responsible for any expenses or consequential losses that you may have incurred as a result of the booking. We recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or suffers penalties or incur any costs (e.g. visas, vaccinations, flights, rail, car parking fees or other relative fees, loss of earnings, etc) until such time as your travel itinerary has been confirmed.
VIII. Our liability
If the contract is not performed or is improperly performed by us we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable for any act or omission by any person not employed directly by us and whilst we have chosen our travel suppliers with care we have no control over our travel providers and so cannot be held responsible for any action or omission of our travel providers or their servants, agents or employees. Will not be liable for 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, 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.
Our liability, except in cases involving death, injury or illness, shall be limited to the total price paid by the customer for the specific bookings related to any given complaint.
Our liability will also be limited in accordance with and/or in an identical manner to:
- The contractual terms of the companies that provide the transportation for your travel arrangements.
- Any relevant international convention (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.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports, published on www.ec.europa.eu and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.
IX. Suppliers Conditions
The suppliers such as airlines, railways, coach and shipping companies have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.
Under European Union Law, you have right 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 tour price from us. Your rights to a refund and/or compensation from us are set out in clause VII these “Booking Terms and Conditions”.
Below you find a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between us, the carrier(s) and you. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice. Please refer to original document at www.eur-lex.europa.eu.
Air carrier liability for passengers and their baggage: This information notice summarises the liability rules applied by Community air carriers as required by Community Legislation and the Montreal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to approximately £109,000 the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advanced payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000.
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to approximately £4,900.
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to approximately £1000.
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to approximately £1170 In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community.
The Community list is available for inspection at www.air-ban.europa.eu.
The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes of routing, changes to aircraft type, change of accommodation to another of the same standard. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.
Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggage weight. If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a “Medical Certificate of Fitness to Fly” from your General Practitioner.
XI. Complaints process
If you have any problem during your tour, please first inform your Tour Leader or the relevant supplier of the service at the earliest opportunity to allow the grievance to be rectified. However, if you remain dissatisfied with their action in response, please follow any complaint by writing to us at Customer Services, BAT Adventure, 80 Roystonhill, 2/2, Glasgow G21 2LG within 30 days of the end of the tour, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. We will not accept any liability for claims received after this period. The Company will aim to provide a full response within 28 days.
XII. Local Conditions
Your acknowledges you will be visiting places where the cultural, political and geographical attributes present certain risks, dangers and physical challenges greater than those present in your daily lives. By booking travel with us, you have considered the potential challenges, dangers and expressly assume the risks attendant to such travel conditions. You are solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with your local embassy or consulate in each destination.
XIII. Visa, Passport & Travel documentation
Some basic advice and information shown elsewhere on our website, regarding passports, visa requirements, vaccinations, climate, clothing, baggage, etc. is purely advisory, provided as a courtesy to you and the Company is not responsible for any errors or omissions as to the information provided by third parties. You should check with the appropriate Embassy or Consulate for the exact requirements for your chosen tour and date of travel. It is your responsibility to ensure that you have the correct passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. If you fail to do so, we have no liability to you for any cost, loss or damage which you occur, nor will we refund you the cost of any unused portion of your travel arrangements. The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel.
XIV. Health & Medical Form
You must notify the Company during the process of booking of any medical conditions, any disability or pregnancy, mental or physical condition which may affect fitness to travel. It is your responsibility to check at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Failure to notify us of any such condition and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your holiday. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. Clients with existing medical problems should check requirements with their general practitioner. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. We are not required to provide any special facilities unless it has agreed to do in writing. When assessing whether tours will operate we use information from our office in conjunction with advice from the British Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies.
You are obligated to review and acknowledge the Medical Form, as it relates to your trip. You are asked to sign and be familiar with this form. Any questions in relation to your physical or mental suitability for a trip must be reviewed by your general practitioner for approval. The Company cannot offer advice of a medical nature. Those Clients with pre-existing medical conditions as defined on the Medical Form must return a signed form to the Company least 30 days prior to departure date. The Company reserves the right to deny any Client on reasonable medical grounds. In the event the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason by the final payment schedule specified in Section 4, the Company reserves the right to treat the booking as cancelled, and applicable cancellation fees apply.
XVI. Leader Authority & Behaviour
When you book a tour with BAT Adventure you accept responsibility for the proper conduct for yourself and your party whilst on holiday. It is necessary that you abide by the authority of the Tour Leader who represents the company. If Tour Leader or any other person in authority is of the reasonable opinion that your behaviour is disruptive, threatening or abusive or is causing or likely to cause danger, distress or annoyance to others we may terminate your 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 as a result of your actions.Criminal proceedings may also be instigated. If you are affected by any condition, medical or otherwise, that might affect your or other people's enjoyment of the tour; you must advise us of this at the time of booking your tour.
XVII. Special Requests
We will consider special requests such as special dietary requests or, specific rooming requirements, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing.
XVIII. Photography & Testimonial
Company reserves the right to use any image of you secured or taken on any of our tours without charge in all media for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, newsletters, video shows or the internet. Any written feedback supplied to us may also be used for promotional purposes as detailed above.
XIX. Law & Jurisdiction
Your contract is made under these Booking Conditions and this Fair Trading Code and is subject to Scottish Law and jurisdiction and it is agreed between Company and you that each will submit to the jurisdiction of the Scottish Courts.