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Terms & Conditions for Clwydian Walking Holidays
1. Clwydian Walking Holidays is the trading name of Clwydian Walking Holidays
Ltd hereafter named “The Company”.
2. An acceptance of your booking will be subject to the following Conditions:
(a) The booking form must be completed either online or in paper
form and signed by the person who is responsible for the booking, hereafter
named “The Client”. The person signing the booking form on behalf
of a group is deemed by the Company to have the authority of all persons named
on the booking form (“the Customers”).
(b) A deposit of £25.00 per person must be paid at the
time of the booking.
(c) Payment of the balance must be received no later than four
weeks prior to the commencement of the holiday. (If the holiday is booked
less than four weeks prior to the commencement date, then full payment for
the holiday will be required). Failure to pay in accordance with this paragraph
may be considered by the Company as a cancellation by the Customer in which
case the deposit and any money paid will be forfeited.
(d) When the Customer makes a booking, the Customer enters into
a Contract with the Company and the Customer guarantees that the Customer
has the authority to accept and do accept on behalf of the Customers these
Terms & Conditions.
(e) Payment must be made in sterling.
(f) Payments by Credit Card will be accepted.
3. Due to the nature of the holidays the Company cannot accept bookings from
or on behalf of any person under the age of 18 years.
4. The Company will collect any Customer from any point of disembarkation
within 80 miles of Denbigh.
5. All special needs and requests should be entered on the booking form to
enable the Company to make the holidays accessible to as many people as possible.
The Company recognises that the term disability covers a wide range of impairments
many of which have no impact on mobility or the ability to participate in
the Company’s holidays. The nature of the Company’s holidays does
mean however that some will not be accessible to certain disabled people.
The Company will always discuss any disability related needs with the Customer
and will use its best endeavours to make all reasonable adjustments to accommodate
them. If the Company feels it cannot meet the Customer’s needs, the
Company reserves the right to decline the booking. In addition, if after booking
a holiday a disability related additional need becomes evident that the Company
cannot properly accommodate, the Company reserve the right to cancel the reservation.
If the additional need referred to becomes evident within 28 days before the
holiday is due to commence the Company will not be required to reimburse any
monies paid to the Company in respect of the booking.
6. If any Customer requires a special diet, the Company must be advised at
the time of booking in writing with details of the diet.
7. Provided The Company receives either written or electronic notice of cancellation
from the Client no later than 28 days before the holiday is due to start,
the Client will receive a full refund of the deposit.
8. All monies paid by The Client will be held in a separate client account
until the Client has completed their holiday. The Client Account will be administered
by the Company Accountant (“the Accountant”). If the Client considers
that the Company has been in breach of its obligations under these terms and
conditions or under statute and wishes payment for the holiday to be withheld
from the Company in whole or in part the Client must make written representations
to the Company detailing all of the Client’s reasons for the Client’s
views within seven days of the end of the holiday. If the Client fails to
make such written representations within the said seven day period the Client
shall be deemed to be satisfied that the Company is not in breach of any of
its contractual or statutory obligations and the Accountant shall be authorised
to release the monies held for that Client to the Company. If the Client does
make such written representations to the Company within the said time period,
the Company must immediately notify the Accountant of such receipt and must
within seven days of receipt of the said representations forward them to the
Accountant with its own responses to the representations. The Accountant will
then act as Arbitrator to determine any dispute.
9. The Customer will be responsible to provide their own holiday insurance.
The Company advises that the Customers take out holiday insurance immediately
on booking the holiday. Insurance should cover all usual risks including (but
without prejudice to the generality of the foregoing) full medical expenses,
cancellation by the Customer as a result of illness or injury, personal baggage,
personal accident, accidental loss or damage to property, third party liability,
legal expenses and emergency.
10. It is the Customer’s responsibility to ensure that he/she has the
necessary passports, visa and travelling documents.
11. It is the Customer’s responsibility to arrange flights to and from
the United Kingdom.
12. The Company confirms that it has travel insurance enabling it to carry
Customers in the company transport.
13. Customers are accepted on condition that they are physically and mentally
fit, and able to cope reasonably with the demands of the holiday without assistance
from the tour leader or other party member. The Company reserves the right
to refuse any booking for a walking holiday if the Company is not satisfied
that the Customer’s fitness and experience are appropriate to the holiday
selected.
14. The Company does not provide or supply any clothes or footwear or apparel
or walking or hiking aids. The Customer must be properly attired and prepared
for any excursion. In the event that the Company in its discretion decides
that any Customer is not adequately prepared the Company may decline to take
the Customer on that excursion and the Customer will not be entitled to a
refund or compensation.
15. In the unlikely event of dissatisfaction with the accommodation or any
of the services provided by the Company, the Customer should complain to the
Company representative who will endeavour to settle any problems at the time
they occur. If this proves unsatisfactory a complaint form will be provided
to the Customer who can then submit their complaint to the Company’s
Complaints Department who will then liaise directly with the Customer.
16. If the Customer causes damage to the accommodation in which the Customer
is staying, the Customer must fully reimburse the accommodation provider for
the cost of the damage before the end of the Customer’s stay if the
cost has been established by then or as soon as it has been established if
later. The Customer must indemnify the Company for the full amount of any
claim (including legal costs) made against the Company by the accommodation
supplier or any third party as a result.
17. Any extra cost incurred by the Customer at the accommodation provided
over and above that paid by the Company for the booking will be paid to the
accommodation provider directly by the Customer before the Customer departs.
18. Any excursions outside the terms of the agreed holiday contract will be
paid by the Customer as an extra cost.
19. The Company reserves the right to alter accommodation chosen or booked
by the Customer at any time provided that the alternative accommodation is
materially of a similar standard to the accommodation originally chosen or
in a suitable location. No refund or compensation will be payable.
20. The Customer accepts any images of the Customer or the Customer’s
family or party taken whilst on any of the Company’s holidays may be
used by the Company for marketing in any format current or yet to be invented
and the copyright in such images belongs absolutely to the Company.
21. The Company will endeavour to submit before the beginning of the Customer’s
holiday a walking programme for the Client’s approval. The Company representatives
will endeavour to follow this programme, however, if circumstances alter the
Company in its absolute discretion reserves the right to change or cancel
the itinerary without refund or compensation.
22. When the Client books a holiday with our Company, the Client accepts responsibility
for the proper conduct of all members of the Client’s party during the
holiday. The Company reserves the right at any time to terminate the stay
of any party member(s) whose behaviour is such as to cause or is likely to
cause danger, upset or distress to anyone else or damage to property. In such
an event, no refund or compensation will be given. Furthermore, the Company
shall be under no obligation whatsoever to pay compensation or meet any costs
or expenses (including but not limited to alternative accommodation) any Customer
may incur as a result of the Customer’s stay being terminated.
23. Should the Company have to cancel a holiday at any time, a refund will
normally be given from the trust account apportioned if the holiday has already
commenced to take account of the facilities used or taken by the Customer.
No compensation will be payable for disappointment or any loss resulting from
such cancellation. The Company will not pay compensation or make any refund
if the Company has to cancel or change holiday arrangements in any way because
of unusual or unforeseeable circumstances beyond the control of the Company
e.g. war, threat of war, civil strife, industrial dispute, terrorist activity,
natural or nuclear disaster, fire, epidemic, adverse weather conditions or
unavoidable technical problems with transport or because the Customer failed
to supply the Company with relevant information.
24. Please note that the Company will not be liable for any injury, illness
or death or consequent losses suffered by any member of the Client’s
party or any Customer unless the Client/Customer is able to prove that such
illness or injury was caused by lack of reasonable care and skill on the part
of the Company or the Company’s suppliers in the performance of the
Company’s obligations under the Company’s Contract with the Client/Customer.
Where there is liability (except in cases involving death, personal injury
or illness) shall be limited to a maximum of two times the cost of the Customer’s
travel arrangements.
25. All notices must be served on the Company in writing at the Company’s
Registered Office address or by email to the email address (if any) shown
on the website of the Company current at the time of such service.
26. The Contract between the Clients and the Company will be governed by the
jurisdiction of England and Wales.
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