The following conditions form the basis of the contract between Independent Coach Travel (Wholesaling) Limited ("we" and "our" and "us") and the tour operator or group organiser.
- After you make a provisional booking by telephone we will send you a group quotation stating that accommodation is being held on option for you for a specified number of days (or, in the case of non-contracted accommodation, specifying any accommodation we can expect to be able to secure for you and/or stating that accommodation arrangements are still to be finalised). Ferry space and cross-Channel arrangements cannot be provisionally booked and if offered, are offered subject to availability at the time we receive the appropriate payment and receipt of all applicable payments from you only.
- You should sign the group quotation and return it to us with a deposit of £100 per tour (if the deposit required for your particular tour is higher you will be advised of this at the time of making your provisional booking) within the specified option period, failing which any pre-booked accommodation will be released and the price quoted will no longer be valid.
- On receipt of the signed group quotation and the applicable deposit, and subject to availability if applicable, we will issue a tour confirmation, within 21 days, advising full details of the hotels, any advance hotel deposits that may be required, cross-Channel arrangements, ferries, etc. making up your tour. It is at this stage that a contract between us is made (see 2 (a) below).
- Not later than eight weeks before the departure date we will issue an invoice for the final payment due. Payment for this invoice and a provisional rooming list must reach us no later than six weeks before departure. We will do our best to accommodate any additional passengers added at this stage, in which case a balancing invoice will be issued which must be settled by return of post.
- If you fail to pay all amounts due in full and on time, your booking may be cancelled by us and/or by our suppliers and you will be liable for the cancellation charges in paragraph 4.
- Our role is as a booking intermediary between you and the relevant hotels, ferry companies, cross-Channel operators and other suppliers of services. We do not own or operate such services and, as between you and the relevant suppliers, the suppliers’ standard conditions of contract also apply to your contract. These terms and conditions may limit and/or exclude the supplier's liability to you. Copies of these conditions are available on request from us.
- In so far as the arrangements you sell or provide to passengers/consumers constitute a "package" as defined in The Package Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”), you are the "organiser" and "the other party to the contract" of that package and it is your responsibility to ensure full compliance with the Regulations. Furthermore, for all arrangements obtained from us which you sell or provide to passengers/consumers, the passenger/consumer enters into a direct contract with you for those arrangements. We are not a party to that contract and the passenger/consumer has no contractual relationship with us. You must not represent anything to the contrary to your passengers/consumers.
- Prior to the issue of a tour confirmation you may not reproduce or display any literature or description issued by us without our express prior consent. If you do reproduce, display or use any description or literature derived from us and with our consent, this must not be altered in any way by you.
- OUR PRICES
- All prices are based on a minimum of 30 paying passengers, unless otherwise specified in the group quotation. If you operate the tour with fewer than the specified number of paying passengers, the cost per person may increase in which case you will be responsible for all such additional charges.
- Unless otherwise specified in your group quotation/tour confirmation, all continental tours are costed using short sea ferry crossings or Eurotunnel as stated. Bookings from other UK ports or cross-Channel arrangements can be organised, subject to availability and payment of the appropriate supplement.
- We reserve the right to levy surcharges to reflect governmental action, currency fluctuation or increased taxes/suppliers’ charges at any time prior to receipt of your full payment, except where we have given a written no surcharge guarantee.
- CANCELLATION BY YOU
- The cancellation deadline is eight weeks prior to departure, or as otherwise specified in the group quotation.
- If we receive any cancellations before this deadline we shall be entitled to retain all deposits paid or due at the date of cancellation (at our absolute discretion we may agree to transfer it as a deposit for a future tour booked with us, subject to the deduction of administrative costs). All notification of cancellations must be in writing and shall only take effect on the date they are received by us at our offices.
- If your cancellation is received on or after the cancellation deadline, we reserve the right to retain all deposits paid or due at that time and, further, you will be liable for all charges, losses and administrative costs we incur or which are imposed by any of our suppliers.
- No refunds will be given for passengers not travelling or for unused services.
AMENDMENT BY YOU
We will use all reasonable endeavours to make any changes you may request to your booking. If you replace any part of your booking by more expensive arrangements, you will have to pay the difference but, other than that, there will not usually be any charge for amendments. However, we do reserve the right in our absolute discretion to levy an amendment fee to cover our administration costs or any costs imposed by our suppliers.
CANCELLATION OR AMENDMENT BY US
Because we act purely as booking intermediary between you and the hotels/ferry companies/cross-Channel operators/other suppliers (see clause 2a), we have no power to prevent an amendment or cancellation by one or more of such suppliers. We therefore reserve the right to amend or cancel part or all of your arrangements at any time, in which case we will do everything reasonable to assist you (but without cost to ourselves), but owe you no other liability whatsoever (including paying the cost of any alternative services you may book as a result).
IF SOMETHING GOES WRONG
Because we act as a booking intermediary between you and the various suppliers of services (see clause 2a), we are under no legal liability for any defect in those services, nor for any damage, loss or injury whatsoever which may be incurred by any persons as a result of such defect or arising out of or in connection with such services or for any act or omission of the supplier of the services. We will, though, offer assistance in accordance with the complaints procedure set out in paragraph 8.
Our maximum liability to you if we are found to have been at fault in relation to any service we provide (as opposed to any service provided by any third party such as an accommodation owner for whom we are not responsible) is limited to twice the price of the arrangements in question which are affected. We do not however exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
However, in the event that we are found liable in relation to any transport or accommodation itself or the acts or omissions of any carrier or accommodation provider in any respect or on any basis whatsoever, the maximum amount of compensation we will have to pay you will be limited to the maximum amount the carrier or accommodation provider would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Athens Convention for travel by sea.)).
Please note: Where a carrier or accommodation provider would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim.
- When making any payment, we are entitled to deduct any money which you have received or are due to receive from the carrier or accommodation provider for the complaint or claim in question.
- COMPLAINTS PROCEDURE
- If there is a problem during the tour your representative (driver or courier) or you must make all efforts to resolve it on the spot with the supplier concerned.
- If the problem cannot be resolved locally you must call our 24 hour emergency telephone number, details of which are given in your travel pack, and leave a contact telephone number. We will then try to assist.
- If the problem is not resolved to your satisfaction and you feel that you have a valid complaint against us, you must let us have full details in writing within 14 days of the end of the tour. We will then use all reasonable endeavours to resolve any complaint which concerns services provided by us.
LAW AND JURISDICTION
This contract and all matters arising out of or in connection with it is subject to English law and to the exclusive jurisdiction of the Courts of England and Wales.