www.pendaphototours.com
info@pendaphototours.com
Raleigh Expeditions Ltd, Unit 10 Kingfisher Park, Headlands Business Park, Ringwood, Hampshire, BH24 3NX, UK
Please read the following terms and conditions carefully. Once you pay your deposit and we confirm the booking you are agreeing to be bound by these terms and conditions.
These Master Terms and Conditions ("Booking Conditions") are entered into by you, the Organisation or Participant (as defined below), and Raleigh Expeditions Limited, registered office: Unit 10, Kingfisher Park, Headlands Business Park, Salisbury Road, Ringwood, Hampshire, United Kingdom BH24 3NX, company registration no: 14469062. Raleigh Expeditions Limited provides educational and experiential travel Programmes within the United Kingdom and abroad across multiple brands. These Booking Conditions, together with our Privacy Policy and any written materials provided before your Booking is confirmed, form the contract between you and Raleigh Expeditions Limited.
PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY SET OUT BOTH PARTIES' RIGHTS AND OBLIGATIONS. YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THESE BOOKING CONDITIONS. THESE TERMS APPLY TO ALL BOOKINGS MADE WITH RALEIGH EXPEDITIONS LIMITED IN THE UNITED KINGDOM AND COVER ALL SERVICES WE AGREE TO ARRANGE OR PROVIDE AS PART OF YOUR CONTRACT.
(a) "Application Form" means the booking, enrolment, registration, or application form (however named, and whether in paper or electronic format) prescribed by Raleigh Expeditions Limited or the applicable Raleigh Expeditions Limited brand through which a Participant or Organisation submits a request to book a Programme, including any supplemental forms, medical disclosure forms, or consent forms incorporated therein by reference.
(b) "Booking Party" means (i) the Organisation, where a group booking has been made by an Organisation on behalf of one or more Participants; (ii) the Participant, where an individual booking has been made directly by a Participant without an Organisation; or (iii) both the Organisation and the Participant(s), jointly and severally, where both are identified in connection with a Booking. References to the "Booking Party" in these Booking Conditions shall be construed to refer to whichever of the Organisation or Participant(s) is the applicable contracting party, or both, as the context requires.
(c) "Brand" means the trading name or label under which a particular Programme or series of Programmes is marketed by Raleigh Expeditions Limited, as identified in the written materials provided before your Booking is confirmed.
(d) "Programme" , "Expedition" , "Booking" , "Contract" , "Package" , "Tour" , "Travel Arrangements" or "Arrangements" means the services we have agreed to provide to the Booking Party, under the Booking.
(e) "Organisation" means the school, college, university, youth group or other Organisation who makes the booking on the Participant's behalf and with whom we contract for the provision of the Programme (f) "Organiser" means the first named adult taking part in the Programme on behalf of the Organisation.
(g) "Participant" means a Participant in a Programme (or their parent or guardian if they are under 18 when the booking is made).
(h) "Party" , "Group" and "Participants" means all persons (or any of them) named on the booking (including anyone who is added or substituted at a later date).
(i) "We" , "Us" and "Our" or "Raleigh" means Raleigh Expeditions Limited, trading under the following brand names: African Impact, Kaya Responsible Travel, Raleigh International, Roots Interns, World Endeavors, StudyAbroad.com, Marine Impact, Penda Photo Tours, Ecua Explora, African Horse Safaris, Beyond TEFL, Impact Gap Year, Rebel Innovation, and Leading Lines.
(j) "you" and "your" means the Booking Party as defined in these Booking Conditions.
(a) Where an Organisation is identified as the primary contracting party for group bookings, the Organisation is responsible for all obligations arising under these Booking Conditions. The Organisation accepts these Booking Conditions on behalf of itself and all Participants. Individual Participants shall complete the Application Form and are bound by these Booking Conditions through the Organisation's acceptance. (b) For individual bookings where no Organisation is identified, the Participant is the primary contracting party and assumes all obligations of the Organisation under these Booking Conditions, except where the context requires otherwise. (c) Where both an Organisation and individual Participants are identified in a Booking: i Contracting Authority. Raleigh Expeditions Limited's contractual relationship for group-level decisions (including changes, cancellations, and communications) is with the Organisation. The Organisation represents and warrants that it has authority to act on behalf of all associated Participants in connection with the Booking. ii Any change to the Programme agreed between Raleigh Expeditions Limited and the Organisation shall automatically and irrevocably bind all Participants associated with that Booking, except that an Organisation-agreed change shall not limit or waive any individual Participant's rights that arise independently under applicable law, including under the Package Travel and Linked Travel Arrangements Regulations 2018 and the Consumer Rights Act 2015. Subject to those preserved rights, no individual Participant shall have the right to cancel their participation, claim a refund, or otherwise withdraw from the Booking solely on the basis of a change agreed by the Organisation, and for the avoidance of doubt, such a change is not a cancellation event and does not trigger any independent refundable cancellation right for individual Participants. Iii. Payment Liability. The Organisation is solely responsible for all payment obligations to Raleigh Expeditions Limited under these Booking Conditions, including all deposits, instalments, and balance payments, as set out in the Application Form. Individual Participants are not liable to Raleigh Expeditions Limited for the Organisation's payment obligations. Nothing in this Section prevents the Organisation from making separate payment arrangements with individual Participants, but any such arrangements are solely between the Organisation and its Participants and do not affect Raleigh Expeditions Limited's rights against the Organisation. iv. Individual Participant Liability. Where an individual Participant has entered into a direct payment arrangement with Raleigh Expeditions Limited (as confirmed in writing by Raleigh Expeditions Limited), that Participant shall be liable to Raleigh Expeditions Limited solely for their own individual payment obligations as set out in that arrangement, and not for the obligations of any other Participant or of the Organisation.
(a) To make a Booking, the Booking Party must complete and submit to us all forms required by us in connection with the Booking, as provided during the booking process, including the applicable Application Form. The Application Form must be completed and accepted by the group Organiser (for group bookings), each Participant within the Organiser's "Group" or the Participant (for individual bookings). The group Organiser must be authorized by the Booking Party to make and amend the Booking on the basis of these Booking Conditions. The group Organiser must be at least 18 years old at the time of Booking. The group Organiser on behalf of themselves, the Organisation and each Participant consents to the use of information in accordance with our Privacy Policy. All Participants under the age of 18 yrs at the time of booking will require a parent/guardian to complete and accept the Required Forms. (b) The Booking Party must submit each Participant's completed, signed Application Form to us together with the payments referred to in Clause 4 below. (c) Subject to the availability of the chosen arrangements, we will confirm the Programme by issuing a Programme Confirmation invoice. This confirmation will be sent to the group Organiser/Booking Party. Please check this invoice carefully as soon as it is received. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We cannot accept liability for errors unless notified within ten (10) days of sending the document (five (5) days for tickets). We will try to fix errors reported after this period, but the Booking Party is responsible for any associated costs. (d) We will communicate with the Booking Party by email regarding the Booking. Please check email regularly. If email is unavailable, we may contact you by phone or mail; some documents may be sent by mail as needed. References in these Booking Conditions to "send" or "in writing" include email communications. (e) If the Booking Party needs to contact us regarding any matter covered by these Booking Conditions (such as a change request), please email us at info@pendaphototours.com.
(a) In order to confirm the chosen Programme, the Booking Party, or Participant if they are paying us directly, must pay a deposit at the time of Booking. The amount of the deposit will be set out in the Application Form and other written materials provided before your Booking is confirmed. (b) All further payments must be received by us in accordance with the payment timetable set out in the Application Form and other written materials provided before your Booking is confirmed. These dates will be shown on the confirmation invoice. If paying by Direct Debit, payments must be made in accordance with the agreed schedule set out in the confirmation. Reminders are not sent. If a Direct Debit is cancelled and no alternative arrangements are put in place, then any outstanding payments will become immediately due when the first scheduled payment date is missed. (c) If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that the Booking Party wishes to cancel the Booking. In this case, we will be entitled to keep all payments due at that date. If we do not cancel straight away because imminent payment has been promised, the cancellation charges shown in Clause 10 will apply depending on the date we reasonably treat the booking as cancelled.
A binding contract comes into existence between us and the Booking Party when we receive a deposit payment or despatch our confirmation invoice to the Group Organiser, whichever occurs sooner. We both agree that English law (and no other) will apply to the contract and to any dispute, claim or other matter of any description which arises between us ("claim") except as set out below. We both also agree that any claim must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, the Booking Party is in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of the Booking Party's home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, the Booking Party may choose to have the contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if no choice is made, English law will apply).
(a) Please note that prices may change and errors occasionally occur. The Booking Party must check the price of the chosen Programme at the time of booking. (b) We reserve the right to make changes to and correct errors in advertised prices at any time before your Programme is confirmed. We will advise the Booking Party of any error of which we are aware and of the then applicable price at the time of Booking. (c) Once the price of the Booking Party's chosen Programme has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Changes in the cost of the following mean that the price of the Programme may change after booking: (i) The price of transportation resulting from the cost of fuel or other power sources; (ii) The level of taxes or fees applicable to the Programme imposed by third parties not directly involved in the performance of your Programme, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or; (iii) The exchange rates relevant to the booked Programme.
However, there will be no change within 20 days of the departure date. (d) The Booking Party may be charged for the amount of any increase in accordance with this clause plus an administration charge of £1.00 per person. However, if this means that the Booking Party has to pay an increase of more than 8% of the total price of the confirmed Programme (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) the Booking Party will have the option of (i) accepting the price increase and pay the additional amount (ii) accepting a change to another Programme if we are able to offer one (if this is of equivalent or higher value the participant will not have to pay more but if it is of lower value the participant will be refunded the difference in price) or (iii) cancelling your Programme Booking and receiving a full refund of all monies paid to us, except for any insurance premiums, any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should the Booking Party decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice. Should the price of the Programme go down due to the changes mentioned above, then any refund due will be paid to the Booking Party. However, please note that travel arrangements that are purchased in local currency, and some apparent changes, have no impact on the price of your travel due to contractual and other protection in place.
(a) If any participants have any special request, we must be advised at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on the Booking Party's 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. For the protection of the Booking Party, confirmation in writing should be obtained that a special request will be complied with (where it is possible to give this) where it is important to either party.
(b) We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests.
(c) Programmes can be physically strenuous and psychologically demanding; we can make suggestions as to how the participants may train prior to the Programme so as to gain maximum enjoyment from it but it is the Booking Party's responsibility to ensure that all Participants are fit enough to take part in the planned activities.
(d) If any member of your party has any medical condition or disability which may affect your Programme or has 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, the Booking Party must give us full details in writing at the time of Booking and whenever any change in the condition or disability occurs. The Booking Party must also promptly advise us if any medical condition or disability which may affect your Programme develops after the Booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel in line with cancellation charges due when we become aware of these details. We may also ask to be provided with a doctor's certificate indicating a Participant's fitness to take part in the Programme.
(e) For Participants who may have a medical condition or disability requiring active treatment, please be aware of the following: (i) the Participant is responsible for understanding their medical condition or disability and carrying and self-administering any necessary personal medication; (ii) each Participant must provide details of any medication carried to us at the time of Booking or as soon as practicable if personal medication use commences or changes; or (iii) If any Participant requires an Epinephrine auto-injector or other medication upon which they know before travelling that their life may depend (eg. Ventolin for an asthmatic), then that participant must carry no less than three (3) auto-injectors (or other relevant personal medication devices) or as recommended in writing by their doctor.
(f) In agreeing to these Booking Conditions, the Booking Party(s) consent to qualified medical staff or first aid trained Programme staff :
(i) administering and procuring such medical attention as deemed reasonably necessary, including: A. dispensing non-prescription medication; B. dispensing prescription drugs, including Diamox (for high altitude Programmes), under a standing order and supervision from our emergency assistance provider, medical advisors or a local medical practitioner in the place of the Programme; C. dispensing prescription drugs in the event that they cannot contact, or it is impractical to contact, the relevant emergency assistance provider, medical advisors or a local medical practitioner; (ii) consenting to the Participant receiving medical or surgical attention as deemed necessary by the relevant emergency assistance provider, medical advisors or a local medical practitioner in the place of the Programme; and (iii) obtaining or procuring any ambulances or other rescue transport, as deemed necessary, and agreeing on behalf of the Participant that the Participant (or parent/ Guardian) will accept full financial responsibility for all medical and related expenses including transportation, to the extent that it exceeds the level of insurance cover in respect of the Participant for the Programme.
(a) Should the Booking Party wish to make any changes to the confirmed Programme, we must be notified in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee that we will be able to meet any such requests. Where we can, an amendment fee of £75.00 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of Programme dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the Programme price where, for example, the basis on which the price of the original Programme was calculated has changed.
(b) If a Participant is prevented from travelling, that person may transfer their place to someone else subject to the following conditions: i) That person is introduced by the Booking Party and satisfies each and all of the conditions applicable to the booked Programme; ii) We are notified in writing of the request for transfer not later than 30 days before departure; iii) If required to do so, the cancelling Participant must pay the outstanding balance payment, and an amendment fee of £75.00 per person transferring, as well as any additional fees, charges and other costs arising from the transfer; iv) The transferee agrees to these Booking Conditions, and all of the terms of the Contract between us; v) For packages including air travel, charges amounting to the full cost of any transferred flight and a replacement flight will be imposed in the event of any transfer.
(c) The cancelling Participant and the transferee will remain jointly and severally liable for the payment of all sums. If a replacement cannot be found, the cancellation charges set out in Clause 10 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
(d) Any discount received when the Booking Party made the original Booking may be altered or reduced when changes are made, if this discount had subsequently been altered, reduced or withdrawn. (e) If accommodation supplements have been paid and the number of people in the accommodation changes, the Booking Party may have to pay extra costs.
(f) Any changes to the departure date, airport, transportation, destination, accommodation or length of travel must apply to all members of the Booking.
(g) If the Booking Party has taken out travel insurance it may not be possible to change or cancel this and as such, any premium cannot be refunded.
(h) For packages including air travel, scheduled airlines may not allow name changes within certain periods prior to departure and may not allow these after the flight ticket has been issued. If the Booking Party wishes to make a name change and this is not permitted by your airline, it will be necessary to cancel your flight, lose the money paid in respect of that flight and pay the full cost of another flight, which may not be the same flight or at the same cost as the one cancelled. (i) If the Organisation chooses not to accept bookings from those who will not be part of the Organisation at point of travel, the group Organiser must make us aware prior to booking. Those affected will be offered an alternative Programme.
Some of the Travel Arrangements shown on our websites can only be operated if there is sufficient demand for the same and a sufficient number of people book these travel packages. If there is insufficient demand on subsequent confirmed bookings, we have the right to cancel the travel arrangements in question. If we have to do so, we will notify the Booking Party as soon as possible. In this situation, the Booking Party will then have the choice of accepting an alternative travel arrangement of equivalent or closely similar standard. The cost of any alternative tour offer will be our selling price at the time of change. If the alternative is cheaper, we will refund the difference. If the alternative is more expensive, you have the option to pay the difference.
When we cancel for lack of numbers in accordance with this paragraph no compensation or other amounts (for example, the cost of any connected travel arrangements the Booking Party have made independently) will be payable. In the unlikely event that we do need to cancel your tour for the reason of lack of numbers, we will not do so less than 20 days before your arrival date if the tour is for more than 6 days. In the case of tours lasting between 2 and 6 days we will not cancel the package less than 7 days before the start of the package. In the case of tours lasting less than 2 days we will give you at least 48 hours' notice of any cancellation.
(a) If the Booking Party needs to cancel a confirmed Programme, written notice must be given to us immediately. Notice of cancellation will only be effective when it is received in writing by us. If the Booking Party cancels within 14 days of making the initial deposit payment in line with statutory rights no cancellation charges will apply. Cancellation charges will apply for all cancellations made after the initial 14 days from Booking. Each payment tranche (deposit, interim instalments, and balance payment) becomes 100% non-refundable upon its respective due date as set out in the Application Form and other written materials provided ahead of Booking, except as expressly provided otherwise. Insurance premiums and amendment charges are not refundable in the event of cancellation. (b) For group bookings, all cancellation charges are the sole responsibility of the Organisation as the contracting payment party. Individual Participants have no direct payment liability to Raleigh Expeditions Limited for cancellation charges arising from a group Booking, except where a direct individual payment arrangement has been confirmed in writing by Raleigh Expeditions Limited under Section 2(c)(iv).
(c) Depending on the reason for cancellation, the Booking Party may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy.
(d) Where any cancellation reduces the number of Participants below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice the Booking Party accordingly.
(e) See Clause 8 "Changes to confirmed arrangements" if someone is prevented from travelling.
(f) Please note, if the Booking Party or any individual Participant chooses to or is required to leave the Programme early, including but not limited to noncompliance with our Code of Conduct, medical reasons, illness, or injury, neither party will be entitled to any refund of any unused elements of the arrangements and we shall have no further liability towards either party. For the avoidance of doubt, this Clause 10(f) applies to early departures that occur after the Programme has commenced.
(g) The Booking Party has the right to cancel the Programme without paying a cancellation charge no earlier than 7 days before departure in the event of "unavoidable and extraordinary circumstances" occurring at the destination of your Programme or its immediate vicinity and which significantly affects the performance of the Programme, or which significantly affects transport arrangements to the destination. The "unavoidable and extraordinary circumstances" will be defined by there being an advisory against travel to the destination in place from the Foreign, Commonwealth & Development Office (FCDO) at that time. In these circumstances, we shall provide the Booking Party or individual Participants with a full refund of the monies you have paid but we will not be liable to pay either party any compensation. For guidance, please to refer to the Foreign, Commonwealth & Development Office (FCDO). www.gov.uk/foreign-travel-advice For the purposes of this clause, examples of "unavoidable and extraordinary circumstances" include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to your destination.
We consider adequate travel insurance to be essential. Where travel insurance is provided as part of the package, details of the policy will be provided and shown on the Traveller and School Gateways as applicable. Where travel insurance is not included in your package or any Participants need to source additional cover, the Booking Party must give details in writing of the alternative policy(s) (insurer and policy number). Participants are strongly advised to carefully review their travel insurance, and to ensure that they have in place all necessary cover for their individual needs. Please read the policy details carefully. The Participants should take them with them on their Programme. It is each Participants responsibility to ensure that the insurance cover is adequate for their particular needs, and to source additional cover if required. It is the responsibility of the participant to ensure any additional cover is adequate, we do not check alternative insurance policies. We reserve the right to refuse travel to anyone who does not obtain adequate cover. In such circumstances we will treat you as having cancelled your Programme and the cancellation charges set out in clause 10 above will apply.
(a) We start planning the Programmes we offer well in advance. Occasionally, we have to make changes to and correct errors in our literature and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of circumstances outside our control/ "force majeure" as defined in Clause 14 below. (b) Most changes are minor. Occasionally, we have to make a "significant change" . A significant change is a change made before departure which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your Programme. (c) If we have to make a significant change or cancel, we will notify the Booking Party as soon as possible. If there is time to do so before departure, we will offer the Booking Party the choice of the following options: (i) (for significant changes) accepting the changed arrangements or; (ii) purchasing a Programme from us, of a similar standard to that originally booked if available. If the Programme offered is of equivalent or higher standard the Booking Party will not be asked to pay any more than the price of the original Programme. If this Programme is in fact cheaper than the original one, we will refund the price difference. If the Booking Party does not wish to accept the Programme we specifically offer, you may choose any of our other available Programmes. The Booking Party must pay the applicable price of any such Programme. This will mean the Booking Party paying more if it is more expensive or receiving a refund if it is cheaper or; (iii) cancelling or accepting the cancellation in which case the Booking Party will receive a full and quick refund of all monies you have paid to us. (d) The Organiser is required to advise us within 7 days of being notified of a significant change whether you wish to: (i) accept a proposed change or cancel your booking; (ii) If you have not notified us within 7 days, we will write to the Organiser again to obtain confirmation of your choice of the options above; (iii) If the Organiser fails to respond within a further 7 days, then we will cancel your booking and refund all payments made by or on behalf of you. (e) Please note that the compensation referred to below and the options appearing above do not apply to any minor changes made by us. Please note, the above options are not available where any change made is a minor one. For packages including air travel, a change of flight time of less than 48 hours, airline (except as specified in clause 22 "Flights"), type of aircraft (if advised) or destination airport will all be treated as minor changes. (f) If we have to make a significant change or cancel we will as a minimum, where compensation is appropriate, pay the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to the Booking Party subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your Programme has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of the Booking Party's failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. (g) Period before departure if a significant change or cancellation is notified to you and compensation per person if cancellation is made is as follows; Prior to the 60 days before departure - Compensation per person £0 Within 60 days of departure- Compensation per person £50 Please also see Clause 24 "Delay and Denied Boarding Regulations" . (h) Very rarely, we may be forced by "force majeure" (see Clause 14) to change or terminate your Programme after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay any compensation or meet any costs or expenses the Booking Party(s) incur as a result.
(a) Because of the nature of our Programmes and where they are located, the Booking Party agree when booking to accept one of our reserve Programmes should we be unable to provide your Programme in the original planned location. (b) Our reserve Programmes will be of an equivalent nature and standard to the Programme you originally booked. Therefore, a change of location from that which you originally booked to one of our reserve locations will not constitute a significant change, as referred to in Clause 12, entitling you to exercise one of the above listed options. The use of a reserve location is an agreed alternative, the use of which does not constitute an alteration to the contractual terms of the Programme. (c) Where applicable, details of reserve locations will be provided in the materials made available to you before you confirm your Booking.
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by - or you otherwise suffer any damage, loss or expense of any nature as a result of - "force majeure" . In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
(a) We promise to make sure that the Programme arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, a participant suffers death or personal injury or the contracted Programme arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, the Booking Party's contracted Programme arrangements. Please note, it is the Booking Party's responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(b) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - (i)the act(s) and/or omission(s) of the Participant(s) affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your Programme and which were unforeseeable or unavoidable or (iii) 'force majeure' as defined in Clause 14 above
(c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see Clause 19 "Excursions, activities and general area information" . In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to the Booking Party.
(d) The promises we make to the Booking Party about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable participant to refuse to take the Programme in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in Clause 15. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(e) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay is £500 per person affected unless a lower limitation applies to your claim under this Clause or Clause 12. Each Participant must ensure you have appropriate travel insurance to protect your personal belongings.
(f) For all other claims which do not involve death or personal injury, if we are found liable to the Booking Party or Participant on any basis the maximum amount we will have to pay you is three times the 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 under Clause 12. This maximum amount will only be payable where everything has gone wrong and the Participants have not received any benefit at all from the Programme. (g) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or UK regulation applies, our liability (including the maximum amount of compensation we will have to pay the Booking Party(s), the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay for that claim or that part of a claim if we are found liable to the Booking Party on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention (as amended or unamended), the Montreal Convention for international travel by air, and UK Regulation (EC) No 2027/97 on air carrier liability as amended by Regulation (EC) No 889/2002 and forming part of domestic law in the United Kingdom, for national and international travel by air; the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (as amended by the 2002 Protocol where applicable); and COTIF (the Convention concerning International Carriage by Rail). Where a carrier would not be obliged to make payment to the Booking Party 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 the Booking Party for that claim or part of the claim. When making any payment, we are entitled to deduct any money which the Booking Party has received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. (g) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by the Booking Party concerning your Booking prior to our accepting it, we could not have foreseen a Participant would suffer or incur if we breached our contract with the Booking Party or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses (including without limitation, self-employed loss of earnings).
(a) In the unlikely event that the Booking Party has any reason to complain or experience any problems with your Programme whilst away, the Organiser must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have a local representative or agent or they cannot be contacted and any complaint or problem is not resolved to the Booking Party's satisfaction by the supplier, the Organiser must contact us in the UK using the contact details we have provided you with during your Programme, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, the Booking Party must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. For group Bookings, only the group Organiser should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
(b) In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (the "ADR Directive") we advise that Raleigh Expeditions Limited does not utilise services of an approved dispute resolution service for the purposes of complaints.
(a) When a Booking Party books with us, they accept responsibility for any damage or loss caused by any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, the Participant must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. The Booking Party will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party's full legal costs) as a result of your actions. All Participants should ensure they have appropriate travel insurance to protect you if this situation arises.
(b) We expect all Participants to comply with the Programme Code of Conduct ("Code of Conduct") and to have consideration for other people. If a Participant is in breach of the Code of Conduct or, in the reasonable opinion of any other person in authority, any member of your party behaves in such a way as to cause or be likely to cause danger to themselves or danger, material upset or distress to any third party or material damage to property, we are entitled, without prior notice, to terminate the Programme of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. Where any such Participant is under the age of 18 this means that their parent or guardian will be responsible for collecting them and/or arranging for their unaccompanied return. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Some of the services which make up your Programme are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to the Booking Party, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from us or the supplier concerned.
(a) We may provide the Booking Party with information (before departure and/or when you are on an Programme) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in Clause 15 of our Booking Conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
(b) We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If the Booking Party feels that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your Programme, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book an Programme with us, we will pass on this information at the time of Booking.
All passport, visa, and entry requirements are the sole responsibility of each Participant. Applicable requirements for British Citizens are provided on the Traveller Gateway but may change at any time. Participants must confirm all current requirements, including any compulsory health or vaccination requirements, and obtain all necessary documents and recommended precautions well before departure. All related costs are the Participant's responsibility. We are not liable if a Participant is refused entry to any transport or country due to missing or incorrect documentation. Any fines, penalties, or costs we incur as a result must be reimbursed by the Participant. Check with your local embassy and healthcare provider for the most up-to-date requirements.
The Foreign, Commonwealth & Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which the Booking Party and all Participants are recommended to consult before Booking and again in good time before departure.
This clause applies only to package travel arrangements which include air transport. In accordance with Regulation (EC) No 2111/2005, as retained in UK law, we are required to bring to the Booking Party(s) attention the existence of a "Community list" which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm We are also required to advise the Booking Party(s) of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform the Booking Party(s) of the likely carrier(s) at the time of booking, we will inform the Booking Party(s) of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after the booking has been confirmed will be notified to the Booking Party(s) as soon as possible. If the carrier with whom the Booking Party(s) have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of Clause 12 "Changes and cancellation by us" will apply. We are not always in a position at the time of Booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with the air or other travel tickets approximately 2 weeks before departure. The Booking Party(s) must accordingly check their tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact the organisation and participants as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle Participants to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where it is impossible for Participants to return to the departure point on the return date of your package due to "unavoidable and extraordinary circumstances", and where the package includes air transport, we shall provide the Participant with the necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the package. For the purposes of this clause, examples of "unavoidable and extraordinary circumstances" include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. The limitation of costs for 3 nights' accommodation referred to above does not apply to persons with reduced mobility as defined in UK Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. It also does not apply to persons with reduced mobility travelling by air and any person accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before departure.
This clause applies only to package travel arrangements which include air transport. In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. We cannot accept liability for any delay which is due to any of the reasons set out in clause 15 of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your Programme arrangements. If the flight is cancelled or delayed, the flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay the participant compensation, refund the cost of the flight and/or provide the participant with accommodation and/or refreshments under Regulation (EC) No 261/2004 as retained in UK law - the Denied Boarding Regulations 2004. Where applicable, the participant must pursue the airline for the compensation or other payment due to them. All sums received or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of the participants entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel the flight does not automatically entitle participants to cancel any other arrangements even where those arrangements have been made in conjunction with their flight. We have no liability to make any payment to the Participant or Organisation in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to participants or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, the Participant must, when requested, assign to us the rights they have or had to claim the payment in question from the airline. If the airline does not comply with these rules the participant may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk - Referring Your Complaint to the CAA.
If the Booking Party's contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of Programme services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and Participants suffer injury or other material loss, we will offer to provide Participants with prompt assistance as is reasonable in the circumstances. If the Organiser or any Participant suffers during the course of your Programme any difficulty as a result of any activity which does not form part of your contracted Programme arrangements, we will offer prompt assistance without undue delay. Such assistance may include assisting the Organiser in making communications and helping to find alternative travel arrangements. If the difficulty is caused intentionally by a Participant or as a result of their negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to the Organiser notifying us promptly of the need. If the Participant is entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if the Participant can recover any costs and expenses relating to the incident from a third party, the Participant must repay us the costs and expenses we have incurred in assisting the Participant.
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. The Booking Party(s) must therefore ensure they check all details of the chosen Programme (including the price) with us at the time of booking.
Please note, it is the requirements and standards of the country in which any services which make up your Programme are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and will often be lower.
We will take out and maintain appropriate policies of public liability and professional indemnity insurance and will provide the organisation with a copy of the certificate upon reasonable written request.
In order to process the booking and to make sure that the tour arrangements run smoothly, we need to pass the information which the Booking Party(s) provide on to relevant suppliers such as airlines, transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where the tour is outside the European Economic Area (EEA), controls on data protection in your destination country may not be as strong as they are in the UK. However, we will not pass personal information on to any person who is not responsible for part of your tour arrangements. If we cannot pass the Booking Party(s) information on to relevant suppliers, we cannot provide your Booking, therefore in making this Booking, the Booking Party(s) consent to your information being passed on to them. Our Privacy Compliance Manager can be contacted by emailing info@pendaphototours.com. Participants are entitled to a copy of their information held by us and if they would like to see this, please ask us. It may be necessary to make an administration charge for providing this.
Please refer to our Privacy Policy which forms part of these Booking Conditions.
YOUR 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 UK rights applying to the packages. Raleigh Expeditions Limited will be fully responsible for the proper performance of the package as a whole.
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here:
(use this hyperlink https://www.legislation.gov.uk/ukdsi/2018/634/contents/made)
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