9. Our Liability to You
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with these booking conditions, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to (i) you or another member of your party; (ii) a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or (iii) unavoidable and extraordinary circumstances (as defined in clause 5).
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to the following:
a) You agree that any transport company’s (or other supplier’s) own ‘Conditions of Carriage’ will apply to you on any journey by road, rail, sea or air. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. You can ask us or the travel agent booking your tour to provide you with a copy of any of the conditions applicable to your journey. The airline’s terms and conditions are available on request. We will tell you the identity of the air carrier when you book with us and if it is not known at that time or subsequently changes we will inform you as soon as possible and no later than at check-in for your flight; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from Edwin Doran Sports Tours, Olivier House, 18 Marine Parade, Brighton, East Sussex BN2 1TL. Under UK law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at UK and EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your tour cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your tour.
Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your tour may involve. Sometimes these standards will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in your tour should comply with local standards where they are provided.
If you are joining the tour locally (i.e. not starting with the group from the UK) our responsibility does not commence until the appointed time, we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your confirmation to enable you to continue with your trip, although you may, at your discretion, remain at the local joining point for the arrival of the group.
Note: this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on tour for which liability rests with the excursion provider and not us.
We are a Member of ABTA, membership number Y2475. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com or by contacting ABTA at 30 Park Street London SE1 9EQ.
Complaints and Assistance
If you have a complaint about any of the services included in your tour and/or need assistance whilst away, you must inform our local representative or contact the 24-hour Customer Operations Tel: +44 (0)7814 146654 without undue delay who will endeavour to put things right.
If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Edwin Doran Sports Tours, Olivier House, 18 Marine Parade, Brighton, BN2 1TL giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 10 above on ABTA.
11. Additional assistance
If you’re in difficulty whilst on tour and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
12. Passport, Visa, Health, Travel and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
When assessing whether tours will operate we use information from our local offices in conjunction with advice from the UK Foreign, Commonwealth & Development Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. For more information, please visit https://www.edwindoran.com/booking-with-us/travel-and-safety/ and the government websites at www.gov.uk/travelaware and www.gov.uk/foreign-travel-advice for your destination country.
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person.
If the Captain of your flight or cruise ship or any of our resort staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.
If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 5). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances, no refunds or compensation will be paid to you.
As a result of your behaviour during any stage of your tour including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
By making the booking, the lead name accepts responsibility for the good conduct of all members of the group during the trip and warrants that at least one responsible adult will be on active duty at all times to ensure that all members of the group behave well. Furthermore, it is the lead name’s responsibility specifically to ensure that:
• no member of the group under 18 years of age consumes alcoholic drinks (or older subject to local laws)
• all local laws relating to the consumption of alcohol are at all times obeyed by all members of the group;
• no member of the group consumes alcohol to excess;
• no member of the group smokes in a hotel bedroom (or at all in apartments) or in any other way causes a fire hazard;
• all members of the group act in a responsible fashion during the tour and do not behave in a way likely to cause damage to property, or damage or offence to other people.
When you book with us, you accept full responsibility for any damage or loss caused by you or any member of your group.
Damage deposits are required by many accommodations, it is usual that a cash deposit is left with reception on collection of room keys at the beginning of your stay. It is your responsibility to pay such sum and we have no liability in respect of the same. Please be aware that on arrival, it is the responsibility of you, and your group members, to report any pre-existing damage to your accommodation to reception or the relevant agency. Reporting any such damage to a representative of the Company will not obviate your responsibility and any charges related to such pre-existing damage will remain chargeable from the damage deposit if such is not dealt with by you on arrival.
Full payment must be paid direct at the time to the accommodation owner or manager or other supplier – even if our supplier is holding a cautionary damage deposit on your behalf. All payments made to the accommodation will only be acknowledged by a receipt. Where residences deem it necessary to contract additional night managers or security staff to manage you or your groups behaviour you are liable for the extra cost which will be deducted from your damage deposit and any extra over and above this is due and payable immediately to us by you.
If you fail to pay or refuse to pay our supplier for any damages that occur, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your or any member of your group’s actions.
We will not take any responsibility for any individuals or groups belongings whilst on coaches or in resorts. It is the responsibility of the individual to ensure their luggage is loaded onto the coaches and that valuables are kept safe at all times. We do not accept any responsibility for lost luggage.
If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your group 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 or vehicles, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned or terminate the arrangements of the group as a whole. 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.
For the purposes of this section, reference to “you” or “your” includes any other person in your party.
14. Data Protection
Excursions or other tours that you may choose to book or pay for whilst you are on tour are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. 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.
16. Travel Agents
All monies you pay to the travel agent for flight-inclusive products are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
17. Law and jurisdiction
This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.