Booking Agreement
Between
IMMENSE TOURS & EVENTS LIMITED
And
___________________________________________
1.0 Interpretation.
1.1 In this
Deed unless the context otherwise requires the following words and expressions
shall have the following meanings.
‘Agreement’ means this agreement and accordingly all of the terms and
conditions set out in this document and (unless the context otherwise requires)
including any special terms and conditions agreed in writing between the
Company and the Group.
‘Balance’ means the remainder of the Price payable after the Deposit
has been taken into account, such sum being payable on the Balance Date.
‘Balance Date’ means [______________________].
‘Company’ means Immense Tours & Events Ltd.
‘Date of Departure’ means [____________________]
‘Deposit’ means the sum of [£__________________], such sum being due on the
Deposit Date.
‘Deposit Date’ means [_____________________].
‘Destination’ means [_________________________]
‘Final Itinerary’ means the final itinerary provided
to the Group by the Company for the Tour.
‘Fund Raising Pack’ means a pack detailing ways in which the Group might be able
to raise funds for the Tour.
‘Goods’ means any physical item provided to the Group by the Company as agreed
between the parties.
‘Group’ means all those persons travelling in accordance with this agreement; a
full list of all those persons in the Group is annexed hereto at Annex A.
‘Group Leader’ means [________________________________].
‘Group Member’ means a member of the Group.
‘Price’ means the total sum payable to the Company by the Group for the Goods
and Services.
‘Provisional Itinerary’ means a provisional itinerary
provided by the Company to the Group for the Tour.
‘Services’ means those services that the Company shall provide to the
Group in connection with making all travel and Itinerary arrangements.
‘Tour’ means the travel to be undertaken by the Group as arranged by the
Company.
1.2 Reference
to any statute or statutory provision includes a reference to that statute or
statutory provision as from time to time amended, extended or re-enacted.
1.3 Words
denoting the singular number at least shall include the plural and vice versa.
1.4 Unless
the context otherwise requires, any reference to a clause, sub-clause,
paragraph or schedule is to a clause, sub-clause, paragraph or schedule (as the
case may be) of or to the Agreement.
1.5 The
headings to the clauses of the Agreement are set out for the purpose of easy
reference and do not form part of the Agreement and are not therefore to be
used in the interpretation or construction thereof.
2.0 The Agreement
2.1
On signing the
Agreement, the Group Leader is deemed to have accepted these booking terms and
conditions on behalf of himself and the Group, and a binding contract will have
come into existence. On the occasion that the Company deems it acceptable to
post the Agreement to the Group Leader for signature, a binding contract only
comes into force upon receipt by the Company of the correctly signed Agreement.
2.2 The
Agreement and all matters arising from it are governed by English law and all
parties agree that the Courts of England and Wales should exclusively deal with
any disputes.
3.0 The Price.
3.1 The Price payable to the Company by the
Group for the Goods and Services provided shall be as stated on the Final
Itinerary, and shall be inclusive of any applicable value added tax.
3.2
The Company shall provide the Group
with an estimate of what the Price will be in the Provisional Itinerary. The
Group hereby acknowledges that such estimate is subject to change up until the
issue of a Final Itinerary.
3.3
After the issue of the Final
Itinerary the Price may only be altered by the Company in accordance with
clauses 9 and 11 below.
3.4
The Tour and any activities
included in the Final Itinerary are designed for each Group and are specific to
the Group and its requirements. The Company has the right to charge different
Groups at different prices for similar packages, due to the individual Group’s
requirements.
4.0 Making the booking.
4.1 All bookings shall be made in person
between the Group Leader and a representative of the Company. To this end it is
the Company’s responsibility to arrange to meet with the Group Leader at a
mutually agreed convenient time and place. On occasion, deemed acceptable to
the Company, the Agreement may be posted to the Group Leader for return by post
completed, signed and with full Deposit enclosed.
4.2
On making a
booking, the Group Leader is required to pay the full Deposit. Each Group
Member may pay his share of the Deposit individually. All cheques to be made
out in full to “Immense Tours & Events Ltd.” The full amount of the Deposit
to be paid by the Group is stated in this Agreement and on any Provisional
Itinerary previously issued.
5.0 The Fundraising Pack.
5.1
The Fundraising
Pack, issued at the time of booking to the Group by the Company, is meant only
as a guide to possible fundraising ideas and activities. To this end, the
Company does not accept any responsibility for either personal injuries or
financial losses that occur to any Group Member or to the Group whilst
undertaking any of the fundraising activities detailed therein, unless such
personal injury occurs due to the negligence of the Company. The Company does
not in any way guarantee that any of the ideas mentioned in the fundraising
pack will result in a positive financial return for the Group.
6.0 The Polo Shirt Personalisation Form.
6.1
Amongst other
Goods the Company will provide, if requested to do so, polo shirts to the Group
for the Tour.
6.2
The Group Leader
is responsible for filling in the polo shirt personalisation form, as issued by
the Company, correctly and returning it to the Company on, or before, such date
as advised by the Company from time to time.
6.3 The
Company does not accept any responsibility for spelling mistakes that occur
on the polo shirt personalisation form, and subsequently on any tour polo
shirt.
7.0 Destination Advice and Information
7.1
The information and advice provided
to a Group Member or Group by the Company are meant as an aid and are only the
personal opinions of the employees of the Company. Places and activities change
both for better and for worse. The Company accepts no liability for losses or
poor experiences resulting from the Company’s destination information and
advice sheets.
7.2
The Company
provides an advised “base camp bar” as an aid only. The Company hopes that this
will always provide a welcome point of contact at each of our destinations. The
Company is in no way linked with any said “base camp bars” and accepts no
liability for any losses or poor experience that occur at a “base camp bar”.
8.0 Fixtures.
8.1
In the case of any Tour involving
the playing of sporting fixtures, the Company reserves the right to make such
changes to the Final Itinerary as it deems necessary if it is forced to change
any aspects of the Tour due to the following reasons; non-availability of a
suitable fixture, non-availability of a venue, cancellation by an opposing
team, a ‘no-show’ by an opposing team, or cancellation due to adverse weather
conditions.
8.2 Should
such changes occur, the Group would not be entitled to compensation.
9.0 The Final Itinerary.
9.1 Upon receipt of the Deposit, the Company
will use all reasonable endeavours to move to confirm all activities and
bookings which are in the Provisional Itinerary with a view to producing the
Final Itinerary as expeditiously as possible. All arrangements, including
airfares, are subject to availability until such time as the Final Itinerary is
issued. Airfares may have increased from any Provisional Itinerary (as stated
on the Provisional Itinerary and re-stated here, airfares were correct at issue
of the Provisional Itinerary but subject to change due to availability). Any
increase in airfare is payable by the Group and will form part of the Price
and, as such will be due on, the Balance Date.
9.2 As soon
as all aspects of the Final Itinerary are confirmed, the Final Itinerary will
be issued to the Group Leader.
9.3 The
Group Leader is responsible for checking that all details on the Final
Itinerary are correct. If anything appears incorrect, or any of the activities
or parts of the Final Itinerary require amending, the Group Leader is
responsible for informing the Company in writing immediately so that changes
can be made.
9.4 The
Company regrets that it cannot accept any liability if it is not notified of
any inaccuracy in the Final Itinerary within 10 days of it being posted or sent
out.
10.0 Terms of Payment.
10.1 Unless otherwise stated, the Group shall
pay the Balance, on or before, the Balance Date.
10.2 The Company does not accept payment for
tours or events on credit cards or debit cards, but will accept payment in
cash, or by cheque or by bank transfer.
10.3 All cheques to
be made out in full to “Immense Tours & Events Ltd.”
10.4 No tickets shall be issued until the
Company has received the Price, being the total of the Deposit and the Balance,
and any further costs incurred in accordance with this Agreement, in full.
10.5 If payment is not received in full and on
time, the Company holds the right to treat the booking, for the purposes of
clause 12 of this Agreement, as cancelled by the Group.
11.0 Amendments made
after the Final Itinerary is agreed.
11.1 If any amendments are required to the
booking after the Final Itinerary, then the Company will reasonably endeavour
to assist.
11.2
All required amendments must be
received in writing and signed by the Group Leader.
11.3
It is not always possible to make
changes at this time.
11.4 Any additional costs incurred by the
Company or its service providers resulting from the said amendments shall be
charged as an additional cost to the Group, and shall form part of the Price
and as such shall be payable on the Balance Date.
11.5 Airlines generally charge an amendment fee
for changes to itineraries or names made prior to them receiving full payment.
Any changes made after they have received full payment are often treated as a
cancellation and they will charge 100% of the fee to cancel extra places or to
change booking details. Any costs incurred due to airline amendments will be
charged as an additional cost to the Group, and shall be payable on the Balance
Date.
12.0 Cancellation.
12.1 The Group Leader may cancel any individual
Group Member’s booking, or part of the Group or the whole Group’s booking at
any time. Notification of these cancellations will be required in writing and
signed by the Group Leader.
12.2 Cancellations shall result in the Deposit
being held by the Company to cover its costs, losses and time. The Deposit will
be retained not as a penalty but as a legitimate estimate of the liquidated
damages required to compensate the Company for the losses that would be
incurred in the event of the cancellation of a Tour.
12.3 Where the cancellation is in respect of
one Group member or a number of Group Members, but not the Group, the Company
shall retain a percentage of the Deposit, such percentage to be determined on a
pro-rata basis.
13.0 Liability.
13.1 The Company shall not be liable to the
Group or be deemed to be in breach of the Agreement by reason of any delay in
performing, or any failure to perform, any of its obligations in relation to
the Goods or Services or subsequent additional activities requested by the
Group, if the delay or failure was due to any cause beyond the Company’s
reasonable control.
13.2 Whilst the Group is on the Tour the
Company is not liable to the Group for any losses or damages, or personal
injury or accident resulting in death, other than where such event is due to
negligence of the Company.
13.3 Without prejudice to the generality of the
foregoing, the following shall be regarded as causes beyond the Company’s
reasonable control:
13.3.1 Acts of god, explosion, flood, tempest,
fire or accident including nuclear accident;
13.3.2 War or threat of war, sabotage,
insurrection, civil disturbance, civil strife, or requisition;
13.3.3
Acts of terrorism or
delays/cancellations due to perceived threat of terrorist activities.
13.3.4
Acts, restriction, regulations,
byelaws, prohibitions or measures of any governmental, parliamentary or local
authority in both this and any other country.
13.3.5
Import or export regulations or
embargoes;
13.3.6
Strikes, lock-outs or other
industrial actions or trade disputes (whether involving employees of the
Company, the Company’s service providers or of any other third party);
13.3.7
Power failure, machinery breakdown,
or any problems arising from a failure of amenities.
13.4 For air, sea, road and rail services
included in the Final Itinerary, departure times, journey times and arrival
times are estimates only and are subject to change. Operational difficulties,
weather conditions, passengers failing to check in on time and other factors
outside of the Company’s control may affect timings, accordingly the Company
will not be liable for any losses resulting from such circumstances.
14.0 Flights and other
transport services.
14.1 For flights, the actual flight times and
flight numbers will be shown on the tickets (unless otherwise advised) which
will be despatched to the Group Leader by the Company as soon as the Company
receive them and as long as the Price has been paid in full.
14.2 The Company cannot be held liable for any
changes or cancellations of any transportation. The Company only undertakes at
time of booking to reserve accommodation on board the advised transportation
service. Any delays or cancellations, and subsequent substituted services are a
matter for the particular transport company in question.
15.0 Conditions and
liabilities of service providers.
15.1 The Company uses a myriad of service
providers for transport, accommodation and activities. Each service provider
is, and not the Company, deemed to be responsible for the Group whilst in their
particular care.
15.2 Any problems arising as a result of any
aspect of the Group’s Tour should first be taken up with the relevant service
provider. If this is not satisfactorily dealt with then the Group Leader should
contact the Company on return or for emergency situations, on the emergency
number provided.
15.3 All services are provided subject to the
relevant service provider’s own conditions.
15.4 The Company reserves the right in its
absolute discretion to terminate without notice the travel arrangements of any
Group Member whose behaviour or actions do cause, or are deemed likely to
cause, distress, damage, danger or annoyance to other Group Members, employees
of the Company, service providers or any other third parties, in the opinion of
our service providers (airline pilot/company, bus driver/company, hotelier or
accommodation owner, activity manger) or any other person in a position of
responsibility.
15.5 In the result of the Tour being terminated
by the Company for a particular Group Member, Group Members or Group due to
unacceptable behaviour, the Company shall be under no liability to pay any
refund or compensation or costs in connection with or incurred by the said
individual Group Member, Group Members or Group.
15.6 Furthermore, the Group Leader and the
Group agree to indemnify the Company against any costs or claims made against
the Company by its service providers or any third parties that result from any
behaviour that is deemed unacceptable by the Company at its own reasonable
discretion.
15.7 The Company will not be held responsible
should any Group Member suffer personal injury, illness or death by
misadventure whilst under the responsibility of one of its service suppliers,
unless such event occurs as a result of the negligence of the Company.
15.8 The Company will not be held responsible
should any Group Member suffer personal injury, illness or death by
misadventure, which is fault of another Group Member, or any other third party
not employed by the Company, unless such event occurs as a result of the
negligence of the Company.
.
15.9 The Company will not be liable should any
Group Member suffer personal injury, illness or death by misadventure as a
result of an activity, which does not form part of the Company’s itinerary, or
activities, unless such event occurs as a result of the negligence of the
Company. However, the Company will do everything reasonable to assist the Group
Member and Group in such circumstances.
16.0 Insurance.
16.1 The Company does not provide travel
insurance as part of any package.
16.2 The Company strongly advises all Group
Members to individually pre-purchase travel insurance for the period of their
Tour.
16.3 The Company also advises all travellers to
the European Union to carry an E111 medical cover form with them.
17.0 Passports, Visas,
Health Requirements.
17.1 For a Tour outside of the UK, British
Group Members are required to hold a full ten-year British Passport with a
minimum of six months left before expiry on the final date of the Tour. Should
any Group Member need to obtain a new British Passport they should allow a
minimum of six weeks for processing at the relevant authority.
17.2 Non
British Group Members or Group Members not holding full British passports must
consult their embassy, consulate or the British Foreign Office to check
applicable requirements.
17.3 Group
Members with existing medical problems should consult their doctor before
embarking on any tour and advise the doctor of any activities to which they
plan on taking part in.
17.4 The
Company strongly advises all Group Members to consult their doctor to ascertain
if any immunisations are needed for the Tour destination. Requirements may
change and Group Members should allow good time for all immunisations.
17.5 It is the
individual Group Members responsibility to obtain proper and detailed medical
advice and to ensure that they have the correct passports and visas to gain
access to or to pass through any country or region included in the Group’s
Tour. If required, Visas can be obtained through the relevant UK embassy or
consulate of the destination country and Group members should allow a minimum
of six weeks for processing.
17.6 The
Company accepts no liability for failure on the behalf of the individual Group
Member to ascertain proper medical advice, or obtain the correct passports and
visas. The Company will not accept liability for any resultant cost, loss or
damage, nor will the Company refund the cost of any unused portion of the
individual Group Member’s or Group’s travel arrangements.
18.0 Complaints.
18.1 If an
individual Group Member or Group Members or the Group has a complaint then the
Company asks that the Group Leader immediately notify the service provider
concerned (transport company, hotel, activity company, etc).
18.2 If it is
not possible to do so, or the Group Member or Group remains aggrieved then the
Company asks that the Group Leader to contact the Company upon return, or in an
emergency situation, to call the Immense Tours & Events Ltd. 24hour
Emergency Telephone number: +44(0) 7821122468.
18.3 The
Company is always striving to improve its own, and its service providers,
customer service. As such, the Company encourages any complaints, even ones
resolved on Tour by their service providers, to be reported to the Company head
office at the following address:
Customer Services
Department
Immense Tours &
Events Ltd.
York House,
73 Sturry Road,
Canterbury,
Kent. CT1 1BU
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