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TERMS AND CONDITIONS
The following terms and conditions (“Terms and Conditions”) apply to all bookings made with Rothwell Rose Limited (“we”, “us” or “our”, or “Rothwell Rose”) and form the basis of your contract with us. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date
These booking conditions consist of the following sections:
Section A – Introduction
Section C – Conditions which apply where we are an Organiser of a ‘package’
Section B – Conditions which apply to bookings other than packages
Section D – Conditions which apply to all bookings.
SECTION A – INTRODUCTION
1. Types of Bookings
1.1 Type of Booking Your rights under your contract for travel arrangements will depend on the type of travel arrangement in the booking you make with us, which will be either (a) a booking for a package (as defined below) or (b) a booking for one or more individual travel services.
1.2 A package is a pre-arranged, single-price combination, organised by us, of two or more of the following components: (a) transport, (b) accommodation, (c) other tourist services accounting for a significant proportion of the package (as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 (“Package Travel Regulations”)). Packages must cover a period of more than twenty-four hours or include overnight accommodation. For the purposes of these Terms and Conditions “package” does not include a pre-arranged package organised by someone other than us.
1.3 Your rights in relation to packages organised by us are set out in Sections A, B and D of these Terms and Conditions. Please note that you also have rights under the Package Travel Regulations. A copy of the Package Travel Regulations can be accessed at the following link: legislation.gov.uk/uksi/1992/3288/contents/made.
1.4 Your rights in relation to non-package bookings (including pre-arranged packages organised by someone other than us) are set out in in Sections A, C and D of these Terms and Conditions.
2. Capacity in which we act
2.1 Agent only
Regardless of the type of arrangement in the booking you make with us, including in relation to packages, we will be acting as an agent only for the travel or accommodation supplier or other service provider. Neither Rothwell Rose nor any of its directors, officers, employees or agents has any liability of any nature in connection with the relevant service, except as set out in these Terms and Conditions and, in respect of a package, the Package Travel Regulations (as defined below). The relevant supplier, and not Rothwell Rose, will be responsible to you for the provision of the relevant service. Any services we provide to you are collateral to our agency relationship with the supplier and are separate to the actual provision of the services.
2.2 Suppliers’ Terms and Conditions
All bookings are subject to the terms and conditions of suppliers, including applicable conditions of carriage, and may be subject to provisions of international conventions. These terms and conditions and conventions may limit or exclude liability to you. Many suppliers require a waiver of responsibility to be signed, which may also limit some of your rights vis à vis those suppliers.
Accordingly, a reference to “Terms and Conditions” shall mean the terms and conditions set out herein as well as all terms and conditions of any supplier and such conventions. To the extent of any inconsistency between a supplier’s terms and conditions and the terms and conditions set out herein, the supplier’s terms and conditions shall prevail, save to the extent that any provision in the supplier’s terms and conditions is deemed to be invalid or unenforceable. Your suppliers will be identified on your itinerary or travel documents and their respective terms and conditions will be available directly on their websites or by contacting them. Alternatively you can ask us for copies of such terms and conditions and of applicable international conventions.
2.3 Excursions and tours
For any excursion or other tour that you book directly while on holiday, your contract will be direct with the operator of the excursion or tour and not with or through us acting as agent. Your legal rights in connection with such excursion or tour will be against that operator. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator, except to the extent caused by fault on our part.
SECTION B – PACKAGE BOOKINGS
1. Booking, payment and confirmation
1.1 You may request us to prepare an itinerary and quotation for your holiday. Once you wish to accept the itinerary and quotation, you may request us to make a booking for you. If you submit your booking request online or by email, any electronic acknowledgment of its receipt is not a confirmation of the booking. We reserve the right to refuse any booking without having to disclose our reasons for doing so.
1.2 Upon making a booking we will ask you to pay a deposit by bank transfer as specified on your quotation, or as advised by us. By paying the deposit, the person named on the quotation (“party leader”) accepts these Terms and Conditions on behalf all members of the party and confirms and declares that (a) he/she is authorised to request us to make the booking and to contract with us on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made; (b) he/she is over 18 years of age and (c) where placing an order for services with age restrictions he/she and all members of the party are of the appropriate age to purchase those services. The party leader is responsible for all payments due to us.
1.3 Once we reasonably expect the key elements of your holiday to be available, we will process your payment for the deposit into our account and a contract between us will come into existence. The contract between us comes into existence whether or not we receive your full booking details prior to processing your deposit. Processing your payment is not a guarantee or representation that your requested arrangements will be provided or confirmed. Upon processing your deposit we will issue a deposit receipt letter, acknowledging the acceptance of your booking. Once we have processed your deposit, you are not entitled to cancel without paying our cancellation charges as set out in clause 3 below.
1.4 We will issue a confirmation document to the party leader once we are in a position to confirm all the arrangements.. If all arrangements cannot be confirmed at the time of booking, we will seek confirmation of all requested elements of your booking from the suppliers concerned as soon as possible, which may take two weeks or more. If any of the elements you request are not available, we will propose alternative arrangements. If the alternative arrangements are not acceptable to you, we will have to cancel your booking prior to issue of the confirmation document, in which case we will refund all monies you have paid us. As bookings can only be accepted on the basis set out above, no compensation will be payable where your booking is cancelled or a significant change is made by us in accordance with this clause.
1.5 The arrangements shown on your confirmation document are those that you are contracting to purchase. Please check the information on the confirmation document or any other document carefully as soon as you receive it and contact us immediately if it appears to be incorrect or incomplete as it may not be possible to make changes later. We can only accept liability for inaccuracies in any such document that are our fault and we cannot accept any liability for such inaccuracies if we are not notified within ten days of our sending it out.
1.6 You must ensure that the name of each party member given to us at the time of booking matches the name exactly as it appears on that party member’s passport, used for travel on this booking. We will not be liable for any refusal of travel or refusal of entry or other difficulties that arise from any errors in the details given by you.
1.7 For certain arrangements the suppliers concerned require full payment at the time of booking. If this applies to your booking we shall advise you of this prior to booking or may request an additional deposit payment after booking. For the purposes of clause 3 (Cancellation by you), such payments will also be classed as deposits.
1.8 The balance of the holiday cost must be received by us by bank transfer by not later than 90 days prior to departure. The balance payment date will be shown on the confirmation document. Bookings made within 90 days of departure require full payment within 48 hours of the confirmation document being issued. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 3 will apply. In such cases a written notice of cancellation and a cancellation invoice will be sent to you.
1.9 Where you provide us with an e-mail address, we will communicate with you by e-mail, including e-mailing your confirmation document and other documentation that can be sent in this way. We may also contact you by telephone or by post. Certain documents may need to be sent to you by post. References in these Terms and Conditions to “send” and “in writing” include communication by e-mail.
2. Changes by you
2.1 If you wish to make any changes to your confirmed holiday, the party leader must notify us as soon as possible in writing. Whilst we will endeavour to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional charges (which may include loss of deposit relating to the changed arrangements) or any reduction in charges. Our amendment fee of £75 per person will be payable in addition. If the change results in the price of your holiday reducing by more than 10%, we reserve the right to treat this as a cancellation and rebooking, and cancellation charges, as set out in clause 3 below, will apply to the cancelled portion of the holiday.
2.2 Please note that some accommodation is priced according to the number of people in the booking. If a change by you reduces the party size, this may increase the per-person cost for those not cancelling, in which case an additional amount in this respect will be payable.
3. Cancellation by you
3.1 Cancellations must be notified to us in writing by the party leader. Your notice of cancellation will only be considered to be given when we receive it in writing by recorded delivery or by confirmed email at our offices. As we incur costs from the time you make your booking, the following cancellation charges will be payable.
3.2 Cancellation charges:
3.2.1 If cancelling 90 days or earlier before departure, the greater of either your deposit or 25% of the full price of your holiday will be due.
3.2.2 If cancelling within 90 days before departure, the full price of your holiday will be due.
3.2.3 In all cases any change-administration fees will be non-refundable.
3.3 If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (nominated by you) as long as the following conditions are met:
3.3.1 all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable.
3.3.2 you sign an authorisation to transfer the holiday into another name.
3.3.3 the transferee accepts these Terms and Conditions.
3.3.4 the transferee provides us with new travel insurance details.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £75 per person must be paid. Any overdue balance payment must also be received.
4. Changes and cancellations by us
4.1 Occasionally we have to make changes and correct errors in our booking information both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, or due to mistakes. Whilst we always endeavour to avoid making changes and cancellations, we reserve the right to do so. We will notify you of changes or cancellation at the earliest opportunity.
4.2 Most changes will be minor, in which case the change will not entitle you to a refund or to change your holiday and no compensation will be due.
4.3 If we are responsible for arranging your flights, a change of flight time of less than 12 hours, airline (except as specified in clause 6 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes, as will a change of departure or return airport as between the major London airports.
4.4 Occasionally we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give 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 holiday. Significant changes also include (i) a change in your destination locality for the whole or a major part of the time you are away; or (ii) a change of accommodation to that of a lower standard, except that a change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a significant change. If we are responsible for arranging your flights, significant changes include (i) a change in your flight departure time by more than 12 hours; (ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you (this excludes a change as between the major London airports).
4.5 If we have to make a significant change we will inform you as soon as reasonably possible. We will offer you the choice of one of the following options:
4.5.1 accepting the significant change; or
4.5.2 (if there is time to do so before departure) purchasing an alternative holiday from us, if available, of a similar standard to that originally booked. Please note that due to the original and individual nature of our holidays it frequently may not be possible to offer you a comparable holiday to that originally booked. If the alternative holiday is cheaper than the original one, we will refund the price difference, and if it is more expensive you will be charged for the difference; or
4.5.3 cancelling, or accepting the cancellation, and receiving a full refund of all monies paid.
4.6 No compensation will be payable and no liability beyond offering the above mentioned choices can be accepted where:
4.6.1 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
4.6.2 we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached; or
4.6.3 where your booking is cancelled, or a significant change is made, before we issue a confirmation document.
4.7 No compensation will be payable and the above options will not be available if we cancel because you have failed to comply with these Terms and Conditions.
4.8 Very rarely, after departure but before the scheduled end of your time away, we may be forced by force majeure (as defined in clause 9 of Section D) to change or terminate your holiday. If this situation does occur, we regret we will be unable to make any refunds, unless we obtain any refunds from our suppliers, or pay you any compensation or meet any costs or expenses you incur as a result. Please also see clause 6 (Flights).
5.1 All prices published in our marketing materials and our website are for guidance only and are based on exchange rates in effect on the publication date. We reserve the right to alter any quoted or published prices at any time prior to a contract between us coming into existence.
5.2 Once the price of your chosen holiday has been confirmed on your confirmation document then, subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund.
5.2.1 A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in transportation costs, including the cost of fuel, or in dues, taxes or fees chargeable for services such as accommodation, landing taxes or embarkation or disembarkation fees at ports or airports or the exchange rates which have been applied to calculate the cost of your holiday. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual or other protection in place.
5.2.2 Even in the above cases, we will only levy a surcharge if the amount of any increase in our costs exceeds 2% of the full price of your holiday, in which event we will charge you the full amount of the increase.
5.3 If any surcharge is greater than 10% of the full price of your holiday, you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (other than change-administration fees) or alternatively you may be able to purchase another holiday from us as referred to in clause 4 “Changes and Cancellations by us”. In such case you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday, where applicable. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to choose either of these options and will pay the surcharge.
5.4 Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later, and in any event prior to departure.
5.5 A refund will only be payable if the decrease in our costs exceeds 2% of the full price of your holiday as set out above. Where a refund is due, we will pay or credit to you the full amount of the decrease in our costs. We will not levy a surcharge within 30 days before departure. No refund will be payable during this period either.
5.6 In accordance with Air Navigation Orders, an infant must be under 2 years of age on the date of their return flight to qualify for infant status. If it becomes a legal requirement for infants to have separate airline seats, we will have to pass the cost of this onto you in respect of any guest travelling with an infant.
6.1 This clause 6 (Flights) only applies to flights (if any) that we are responsible for arranging for you.
6.2 The flight timings shown on your itinerary/quotation and confirmation document are for guidance only and are subject to alteration and confirmation.
6.3 Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change other arrangements except as expressly provided for elsewhere in these Terms and Conditions and paying any charges that fall due.
6.4 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 who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
6.5 In accordance with EU Regulations we are required at the time of confirmation to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s). Where we are only able to inform you of the likely carrier(s) at the time of confirmation, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and we/the carrier are unable to offer you a suitable alternative, the provisions of clause 4 “Changes and cancellation by us” will apply.
6.6 Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. The times shown on all tickets are local times. It is possible that flight times may be changed even after tickets have been despatched and we will contact you as soon as possible if this occurs.
6.7 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. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of intercontinental carriers differ from those actually flown by smaller local carriers. It is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. It is a requirement of some airlines that all onward and return flights are reconfirmed at least 72 hours before departure. Therefore it is essential that you contact the appropriate airline or our representatives on arrival to reconfirm your flights. We accept no liability for the consequences of flights missed owing to the passenger’s failure to reconfirm. Clients flying in economy class to long-haul destinations should be aware that flights are often full and you may not be able to get seats together. We also recommend that you check in early for a long flight, and in any case not less than three hours before the scheduled departure time.
6.8 We cannot accept responsibility if you miss your flight or transfer due to late check-in, check-in queues, delays in connecting transport or due to delays introduced by security procedures. Nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, vouchers or coupons.
6.9 Please note that if you fail to utilise the outbound portion of your flight ticket, the inbound portion will automatically be cancelled by the airline under its standard procedures.
6.10 If your flight is cancelled or delayed, or your flight ticket is downgraded, or boarding is denied by your airline in circumstances that would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 (the Denied Boarding Regulations), you must pursue the airline and not us for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent your only entitlement to compensation and are the full amount of your 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 that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you 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.
6.11 Many airlines, airports and governments levy a variety of taxes and surcharges including but not limited to departure, arrival, noise, environmental, fuel and security taxes or surcharges, which are often payable locally unless specifically shown on your tickets as being prepaid. You should confirm locally in advance whether any such levies are payable locally and it is your responsibility to pay them promptly.
7. Our liability
7.1 We promise to take reasonable skill and care to make, perform or provide (as applicable) the holiday arrangements that we have agreed to make, perform or provide as applicable as part of our contract with you. It is your 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).
7.2 We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results, in whole or in part from any of the following:
7.2.1 any act and/or omission of the person(s) affected or any member of their party or
7.2.2 any act and/or omission of a third party not connected with the provision of your holiday or
7.2.3 force majeure as defined in clause 9 above.
7.3 We do not 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. In addition, regardless of any wording used by us on our website or 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 you.
7.4 The promises we make to you 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 that 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 that 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 such that a reasonable holidaymaker would refuse to take the holiday in question.
7.5 As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Except for claims in respect of personal injury, illness or death caused by the negligence of us or those suppliers or agents for whom we are responsible, the maximum amount we will have to pay you is the cost of the booking per person or £1,000 per person affected if less, unless a lower limitation applies to your claim under this clause 7. You must ensure you have appropriate travel insurance to protect your personal belongings.
7.6 We will not accept any liability for any damage, loss, expense or any other sum of any description:
7.6.1 which, on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
7.6.2 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 or agents
7.6.3 which comprises any loss of profit or consequential or indirect loss or economic loss or relates to any business.
7.7 You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint, as set out in clause 8 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or other person whose acts or omissions are alleged to give rise to your claim or complaint (and, if the claimant concerned is under 18, their parent or guardian must so transfer). You must also agree to cooperate fully with our insurers and us, if we or our insurers want to enforce any rights that are transferred.
8. Claims and complaints
8.1 In the event that you have cause for complaint whilst on holiday, you must immediately bring it to the attention of the management of the accommodation or relevant supplier, obtaining written confirmation from them of receipt of the complaint, and also immediately inform us, so that we will have the opportunity to correct the matter during the holiday. If you fail to do so, you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it. If you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then, we cannot accept any liability in respect of that problem or complaint. We expect a client travelling in the developing world to be reasonably resourceful if things go wrong.
8.2 If we are unable to resolve matters whilst you are on holiday and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this complaints procedure, your right to claim any compensation may be affected or even lost as a result.
SECTION C – NON-PACKAGE BOOKINGS
1.1 The procedure for making a booking is shown on our website and in your itinerary/quotation.
1.2 All bookings are subject to the applicable sections of these Terms and Conditions. By paying the deposit, the person named on the quotation (“party leader”) accepts these Terms and Conditions on behalf all members of the party and confirms and declares that (a) he/she is authorised to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made; (b) he/she is over 18 years of age and (c) where placing an order for services with age restrictions he/she and all members of the party are of the appropriate age to purchase those services. The party leader is responsible for all payments due to us.
1.3 We reserve the right to refuse any booking without having to disclose its reasons for so doing.
1.4 A deposit as specified on your quotation, or as advised by us, is payable at the time of booking.
2. Changes and Cancellations by You
2.1 Changes and cancellations can only be accepted in accordance with the terms and conditions of the supplier supplying your arrangements. The supplier may charge a change or cancellation fee or additional price as shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition we reserve the right to charge you an administration fee of £75 per person being a genuine reflection of the cost to us of your changing or cancelling your booking. You will be notified of the exact charges and costs at the time of making the change or cancellation.
2.2 Any request for a change to a booking or cancellation of a booking must be sent to us in writing, by email or post, and the request will be only considered to be made on the day we receive it. Proof of posting is not proof of receipt, therefore you are advised to also confirm all requests for changes or cancellation with us by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met.
3. Changes and Cancellations by Us or the Supplier
3.1 We will inform you as soon as reasonably possible if the supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.
4. Prices and Currency
4.1 Prices quoted will be subject to such changes as outlined in the supplier’s booking conditions.
4.2 The confirmation document will specify the currency in which the booking is priced. Where the booking is priced in sterling (or for US customers, US dollars), we shall be entitled to pass onto you any adverse currency fluctuation affecting the cost of the services that occurs before you make full payment of the booking price.
4.3 Where the booking is priced in a currency other than sterling (or for US customers, US dollars), any conversion of this price into sterling (or US dollars) is indicative only and any currency fluctuations are at the risk of and for the cost or benefit of the customer.
5.1 We do not accept flight-only bookings.
6. Our Liability
6.1 FC If you have made a non-package booking with us, our obligation to you is to make travel and other bookings on your behalf with reasonable skill and care and to arrange the relevant contracts between you and suppliers on your behalf in accordance with your instructions. You expressly authorise us to make such bookings.
6.2 As agent, we accept no responsibility to you for the actual provision of the arrangements you have booked. We exercise care in the selection of reputable suppliers but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. Your legal rights in connection with the provision of individual services and tour organiser packages are against the specific supplier and are not against us, except to the extent that a problem is caused by fault on our part.
6.3 We accept no responsibility for errors or omissions in any information about the arrangements that we pass on to you in good faith.
6.4 However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected) of £1,000 per person, if less. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or the negligence of any of our employees whilst acting in the course of their employment.
7. Claims and Complaints
7.1 If you have a problem whilst on holiday, this must be reported to the supplier or their agent immediately to enable them to deal with your complaint at the time. If you fail to follow this procedure there will be less opportunity for the supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
7.2 If you wish to complain about your holiday when you return home, please write to us. Because the contract for your arrangements is between you and the supplier, we cannot accept any liability for any complaints you might have against them, but we are prepared to liaise between you and the supplier in order to try and resolve your complaint. We will not however be able to make any refunds or compensations without the supplier’s authorisation and we shall act only as an intermediary.
SECTION D – GENERAL
1. Accuracy of Information
1.1 We take reasonable care to ensure that the descriptions, facts or opinions on our website and itineraries/quotations are accurate at the time of booking.
1.2 Opinions expressed are personal to the authors. The lodge classifications given in our brochure, quotations and dossiers and fact sheets are for guidance only. They are not based on any national or international classification system, they are the opinions of our staff or agents and are quite subjective.
1.3 Photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change after the date the photograph was taken. Alterations may arise and advertised facilities, services, schedules, laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
1.4 We reserve the right to change any of the prices, services or other particulars contained on our website or any itinerary/quotation at any time before we enter into a contract with you. If there is any such change after we provide a quotation we will notify you before we enter into such contract.
1.5 Where we state that additional information, a fact sheet or a dossier is available on a particular itinerary or programme, this information should be regarded as a term of the contract.
2. Acceptance of risk by you
2.1 You acknowledge on behalf of your whole party that the nature of the travel we offer is adventurous and that as such some holidays may involve a significant amount of inherent personal risk and confirm that each of your party has voluntarily chosen to make a booking and proceed with it notwithstanding such risks. These risks include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier.
2.2 It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children or other people for whom you are responsible. We reserve the right to require you at your expense to provide medical confirmation of fitness to travel.
2.3 We are not liable to you simply by virtue that you do not enjoy the holiday provided.
3. Overseas standards, expectations and safety
3.1 Please note that the requirements and standards that apply to any services that are provided in your holiday are those of the country in which such services are provided, and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the norm in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition you must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.
3.2 The type of travel that we offer requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on our part. It must be understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
4. Special requests and medical conditions
4.1 If you have any special requests, including any dietary requirements, you must advise us in writing at the time of booking. We will endeavour to pass any reasonable requests on to the relevant supplier, but we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation document or any other documentation is not confirmation that the request will be met. All special requests are subject to availability. We do not accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.
4.2 At the time of booking you must give us full details in writing of any medical condition or disability that may affect your holiday. You must also promptly advise us if any such condition or disability develops after your booking has been confirmed. If we and/or our suppliers reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation or, if full details are not given at the time of booking, to cancel when we become aware of these details.
5. Travel Insurance
5.1 It is a condition of booking that you and all members of your party your party are covered by adequate insurance for all elements of your holiday arrangements, with effect from when the contract between us comes into existence.
5.2 It is your responsibility to ensure that your insurance cover is suitable and adequate for your particular needs, especially maximum cancellation amount, missed departure, unused accommodation and all planned activities, particularly those considered hazardous. When obtaining travel insurance, you must ensure that the insurer is aware of the type and destination of travel and any planned hazardous activities. Activities considered hazardous include activities such as skiing, scuba diving, white water rafting, horse-riding, travel by light aircraft or single-engine aircraft, paragliding, kite surfing, wind surfing, bungee jumping, safaris, mountain trekking and so on. Rothwell Rose will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday.
5.3 You must provide details of your insurer and policy number to us for our records. If you are unable to provide us with insurance details at the time of booking you, and all your party, must complete an insurance responsibility waiver form. If insurance details are not provided and you do not complete this waiver then we reserve the right to refuse to accept your booking or cancel your holiday with loss of deposit.
6. Visa and health requirements
6.1 Whilst we will endeavour to inform you of any visa, currency or health requirements of which we may be aware that relate to your holiday, it is not our responsibility to keep abreast of any such requirements or changes in them. You should take all necessary steps to ascertain the requirements applicable to you.
6.2 The party leader must ensure that all members of the party are in possession of all necessary travel, currency and health documents before departure and that all such documentation is in good order and valid for travel. You must pay all costs incurred in obtaining such documentation. You should consult the FCO website https://www.gov.uk/foreign-travel-advice for advice (or your local equivalent for non-UK travellers).
6.3 It is your responsibility to ensure you are aware of and take all recommended vaccinations and health precautions in good time before departure. You should consult your medical practitioner for advice.
6.4 We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel, health or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
7.1 The accommodation provided is only for the use of those persons named on the confirmation document and subletting, sharing or assignment is prohibited.
8. Behaviour and damage by your party
8.1 You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. You 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).
8.2 You undertake that all members of your party will behave with propriety and in such a manner as in no way causes or is likely to cause danger, upset or distress to other clients and/or any third party or damage to property. If in the reasonable opinion of us, our employees, suppliers or agents or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday 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. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
9. Force majeure
9.1 Except where otherwise expressly stated in these Terms and Conditions, 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 Terms and Conditions “force majeure” means any event that is outside the reasonable control of us or the supplier of the service(s) in question. Such events may include war (whether declared or not), acts of war, threat of war, riots, insurrection, terrorist activity, political disputes, border closures, civil action, strikes, industrial action (actual or threatened), technical problems with transport, machinery or equipment, changes of schedule or operational decisions by air carriers, epidemics and pandemics, government intervention, natural disasters, fire or explosion, inclement weather and acts of God and similar events outside our reasonable control.
10. Your Financial Protection
10.1 Rothwell Rose Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with “The Package Travel, Package Tours Regulations 1992” all passengers booking with Rothwell Rose Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Rothwell Rose Limited. This insurance has been arranged with Affirma a trading brand of MGA Cover Services Limited (registered address Farren House, The Street, Farren Court, Cowfold, West Sussex RH13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120).
In the unlikely event of insolvency, you must inform Affirma (MGA Cover Services Limited) immediately on +44 (0) 20 3540 4422. Please ensure you retain this booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.
11. Personal information and privacy
11.1 Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those who need this information in the course of providing the holiday services you have booked. We may contact you from time to time with holiday information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us detailing how you wish us to use and store your personal information.
11.2 If we are responsible for arranging flights for you, we are required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. Rothwell Rose will not be held responsible if you fail to provide the required information or if you or the airlines fail to comply with relevant API requirements or the airlines do not use and retain your information properly.
12. Law and jurisdiction
12.1 We and you both agree that (except as set out below) English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us and you.
12.2 We and you both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us and you must be dealt with by the Courts of England and Wales only, except that, if you live in Scotland or Northern Ireland, you may bring court proceedings either in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but, if you do not so choose, English law will apply).
13. Company details
Rothwell Rose Limited (Company no 10124476) trading as Rothwell Rose and as Rothwell Rose Bespoke Travel.
Registered office: Alderwood House, Basingstoke Road, Thatcham, RG19 8HW.