Terms & Conditions

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TERMS AND CONDITIONS

ORIGINAL TRAVEL
We are The Original Travel Company Ltd ("Original Travel"), a limited company incorporated in England (company number 04437204) whose registered office is at 1b The Village, 101 Amies Street, London, SW11 2JW ('we', 'us', 'our'). We are specialist travel organisers. Our business operates out of the United Kingdom ('UK') and is directed exclusively towards UK custom. Our services are as advertised.

Financial Protection

When you buy an ATOL protected air holiday package from us you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 5922. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking. For further information visit the ATOL website at www.atol.org.uk.

Application of these terms and conditions
These terms and conditions, together with the terms set out in the Booking Form and any further terms and conditions notified to you by us prior to your entering into a contract with us (including without limitation any terms and conditions in our brochure or on our website which are relevant to your booking) and any other terms which we both otherwise agree will be binding on Original Travel and you once a contract is made between us ('Our Terms'). A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate, for example where you are making a 'late booking') and we have issued you with our booking confirmation. Our contact with you is also subject to any air carriers' terms and conditions of carriage.

You should read these terms and conditions carefully.

You should note in particular the content of paragraph 5 'our liability to you' which contains certain limitations and exclusions.

If any part of Our Terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.

English Law
The contract between us will be governed by English Law and any dispute will be resolved by the English courts. Our Terms do not affect your statutory rights.

Data Protection
We observe the requirements of the Data Protection Act 1998 ('the Act') in respect of all personal data held by us at any time.

We will not use any personal data relating to you which we hold at any time for any purpose other than in connection with your booking. We will not pass on such data to third parties save where this is necessary in connection with the performance by us of our contract with you or as otherwise authorised by you. We may use such data to notify you of our services, offers and promotions from time to time. If you do not wish us to so notify you please tick the appropriate box on our booking form.

If you wish to find out more about the personal data we hold relating to you or have any query about data protection, please contact our data controller at 1b The Village, 101 Amies Street, London, SW11 2JW. We have notified with the Information Commissioner. In order to find out more about our notification and the requirements of the Act you should visit the site of the Information Commissioner at www.dataprotection.gov.uk.

Brochure and website content
We make every effort to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our suppliers (eg. airlines, hotels, activity providers, car hire companies). We will endeavour to notify you of any change known to us affecting your holiday prior to issuing you with our booking confirmation.

We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.

Packages
A 'package' is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation - (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and being a significant part of the booking.

Where the arrangements which you make with us for your holiday do not amount to a 'package' (as defined above) we act as booking agent only.

Booking Conditions
All holidays are subject to availability When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will perform our obligations to you in accordance with Our Terms.

All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the 'lead name' for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.

Completion and submission by you of our booking form will be treated by us as confirmation that you have read, understood and accepted all Our Terms

It is important that you accurately complete our booking form as all documents, notices and other information relating to your holiday will be sent to this address. It is your responsibility to ensure that the details which you supply to us are correct.

1. Payment
You will be notified at the time of booking of the price of your holiday. You will be required at the time of booking to pay us a non-refundable deposit of 20% of the quoted holiday price, and the full holiday price of a booking should be made at least 60 days prior to departure ('late booking').

Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 3.2).

We accept cheques, credit or debit card. However, due to the fee levied on us by the card companies, a charge will be made on credit or debit card payments.

If you make a late booking and it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of £25 per booking. An administration charge also applies to any changes carried out by us at your request (see paragraph 3.1).

2. Prices
The prices quoted in our brochure, on our website or in our publicity and promotions from time to time are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in GBP£'s sterling.

(a) Packages We guarantee the price of your holiday stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel), dues, taxes, landing taxes or embarkation or disembarkation fees at ports and airports or fluctuations in the exchange rate. We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your holiday.

(b) Other holiday arrangements We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us on your behalf.
· Return transportation costs including luggage allowance as confirmed
· Overseas transfers/transportation
· Accommodation, meals
· The services of a representative, tour guide or an appointed local agent, including a 24-hour emergency contact (except cruises).
· All UK departure taxes, fees and passenger charges.
· Any applicable overseas port charges.
· Child discounts.

Our holiday price does not normally include:
· Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras.
· Taxes or compulsory charges introduced by Governments, regulatory bodies or airlines after you have booked.
· Security charges introduced or increased after you have booked which affect transportation costs
· Holiday insurance

The price payable by you for your holiday and what this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.

(c) Group bookings and discounts
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.

3. Changes or cancellation by you
3.1. Changes
(a) Transfers Where you are or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing a reasonable time prior to your due date of departure.

(b) Other changes If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name before we can make
the change.

(c) Administration fee In each of the above circumstances, an administration charge will be payable of £30 per person where your request is received by us 60 days or more prior to your date of departure and £50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable.

(d) Treatment of changes by our suppliers Many of our suppliers, particularly airlines, cruise companies and safari operators, do not permit us to change names or travel dates and impose full cancellation charges. We will pass these on to you in addition to our administration charge, where applicable.

3.2. Cancellations
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the lead name to do so.

Our cancellation charges will apply (see the table 'cancellation charges' below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.

We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.

We strongly recommend that you take out insurance cover for cancellation. Original Travel can arrange insurance if requested by you. For further details please refer to paragraph 7.

Cancellation charges
Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price)
60 days or more Deposit only
59 - 43 days 40 %
29 - 42 days 60 %
7 - 28 days 90 %
6 days or less 100 %

4. If we have to change or cancel your holiday
We will do our utmost to deliver the holiday which we are contracted to provide to you.

As we put in place the arrangements necessary to enable us to offer our range of holidays many months in advance, we may occasionally have to make changes and reserve the right to do so at any time.

(a) Packages
Our obligation to you depends on whether the changes are considered 'minor' or 'major'. A 'major' change is one which results in a significant alteration to the essential terms of the contract between us. 'Major' changes include:
· price
· your UK departure airport (unless this is between Heathrow and Gatwick or vice versa)
· your city/resort/place of destination
· your accommodation (except on tours/safaris) to a lower star grading.
· your scheduled departure time from the UK or the duration of your holiday by more than 12 hours (excluding delays outside of our control following check-in).

Minor changes: A minor change is any other change which is not a major change. We will try to tell you as soon as reasonably possible prior to your due departure date about any minor changes, although we are not obliged to do so. We are not obliged to compensate you for any 'minor' changes made.

Major changes: If we have to make a 'major' change we will notify you as soon as possible and you will have one of the following options:
· to agree the changes and accept their impact (including any on price)
· to transfer to another holiday offered by us (subject to availability) of equivalent or superior quality
· to transfer to another holiday offered by us (subject to availability) of lower quality and receiving a refund for any difference in price
· to cancel your holiday and receiving a refund of all monies paid by you to us (including all deposits and administration charges)

If we have to make a 'major' change to or cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will additionally pay to you the following sum by way of compensation.

Number of days before due date of departure that notification of a major change or cancellation by us is received. Compensation payable by us (per person named in our booking confirmation or transfer accepted by us)
59 - 43 days £10
42 - 29 days £25
28 - 15 days £45
14 - 8 days £60
7 - 0 days £75

(b) Other holiday arrangements We will try to tell you of any changes as soon as possible prior to your due departure date, although we are not obliged to do so. We are not obliged to compensate you. However, in the event that we are forced to cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will refund to you the full price paid by you for your holiday.

(c) Circumstances beyond our control We will not pay compensation or accept any liability where any change is due to circumstances outside of our reasonable control, including (without limitation) any strikes, lock-outs, or other industrial action, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction, impossibility of the use of any means of public or private transport or any action of any government or regulatory body, accident, break-down of plant and machinery, fire, flood or storm, other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation, flight delays, other matters affecting air traffic control (including failure of equipment, systems and software), siege, acts of terrorism, police or security alerts or precautionary measures taken.

5. Our liability to you
(a) Packages
(i) We accept responsibility for ensuring that the holiday arrangements you book with us are supplied as described in our brochure or on our website. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they have acted outside our authority or instructions.

(ii) If you feel that any part of your holiday arrangements is not provided as promised, you should notify our supplier and either our appointed local representative (where one is appointed) or ourselves (where a local representative is not appointed) as soon as possible. You must provide us with details in writing at the earliest opportunity.

(iii) Where we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on holiday with us we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you and may pay you an amount in compensation. Where we have failed to provide you with a significant proportion of the services which you have contracted with us to provide and suitable alternative arrangements are not available or are unacceptable to you for good reasons then (where appropriate) we will make arrangements for you (and where other members of your party are affected those members of your party) to return to your place of departure at no extra cost to you. In all other cases (ie: where we have not failed to provide you with a significant proportion of the services which you have contracted with us to provide) our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.

(iv) Our liability in all cases shall be limited to a maximum of 3 times the total cost of your holiday (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties with whom you may have made any bookings or arrangements direct.

(v) None of the provisions of this paragraph 5
(a) shall have the affect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your holiday directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, agents or suppliers whilst acting within our authority or instructions. We do not accept any responsibility for death, injury or illness caused by any act or omission of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct.

(vi) We are not liable to you where our failure or improper performance of any of our obligations to you is due to:
· any fault or failure of you or of any member of your party;
· any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable; or
· circumstances beyond our or beyond our suppliers' reasonable control (which circumstances are without limitation described in paragraph 4(c)) although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party.

(vii) In respect of travel by air, sea and rail and the provision of accommodation, our liability is additionally limited in the manner provided by the relevant International Conventions (see paragraph headed 'application of other terms and conditions'). (viii) You should note that the acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances by any of our suppliers or pursuant to a policy of insurance.

(ix) Our suppliers and our local representatives are instructed not to act as our agents in booking any alternative activities other than those approved and offered by us. Any assistance they may offer at your request in relation to such activities does not imply they have acted as our agent or with our authority or approval. We are not responsible for such activities and have no liability to you in respect of any of them.

(b) Special requirements If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.

6. Your responsibility
(a) It is your responsibility to ensure that you and all travelling with you have valid passports, appropriate visas and vaccinations. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor's certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet these requirements.

(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses to accept you or any member of your party as a passenger as a result of any medical condition or disability.

(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of holiday if you or any member of your party is drunk or under the influence of drink or drugs, if you are or we reasonably believe that you are in unlawful possession of drugs, are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject matter of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.

(d) Despite our best endeavours to ensure your holiday runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the hotel, lodge or camp you are staying at, then please contact (where applicable) our local representatives. If they cannot be reached, please contact us on our 24-hour emergency telephone number (+44 (0)7092 862 126). Please remember that we will be unable to help if you only mention the issue on your return from holiday. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note). If you cannot make contact, please ring us and we will attempt to reach them.

(e) Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our very best to ensure that the holiday goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.

7. Insurance
You must be fully insured for your holiday and must make sure that all of the activities which
you will be carrying out are covered by such insurance. This insurance must include emergency evacuation and repatriation costs in respect of all of your activities.

8. Updates
Our Terms are updated from time to time. The terms and conditions which will apply to your holiday are those set out in the latest issue of our brochure relating to your holiday or on our website at the time of booking. There may be additional terms and conditions which apply to our special offers, promotions and discounts from time to time. These will be notified to you at the time of booking should you inform us that you would like to take advantage of them.

9. Conditions Relating to the Purchase of Products
a) Our contract
When you place an order to purchase a product from Original Travel, we will send you an e-mail confirming receipt of your order and reconfirming the details of your order, for you to check. Your order represents an offer to us to purchase a product, which is then accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail"). This acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which are not confirmed in a sent Dispatch Confirmation E-mail do not form part of that contract.

b) Availability
Please note that dispatch estimates are estimates only. They are not guaranteed dispatch times and should not be taken as such. As we process your order, we will inform you by e-mail if any products you have ordered are unavailable.

c) Post & Packaging
A £3 charge will be levied on UK deliveries. For international deliveries, additional charges may be made, depending on the destination.

d) Customs
When ordering goods from Original Travel that require delivery overseas, you may be liable to import duties and taxes levied once the package reaches the specified destination. Any additional charges for customs clearance must be paid by you; we have no control over these charges and cannot predict what they may be. Customs regulations vary from destination to destination, so we recommend you contact the relevant local customs office for further information. Additionally, please note that when ordering from Original Travel, you are considered as the importer of record and must comply with all legal regulations of the country in which you are receiving the goods. Your privacy is important, but international customers and customers dispatching products internationally should be aware that some international deliveries are subject to opening, which is beyond our control.

e) Returns policy
If you wish to return The Big Shirt Break book you must notify your intention to return it, in writing, within 7 working days from the date you received your goods. The item(s) nust then be returned within 14 days of receiving the book (UK customers); 21 days (Europe, excluding UK); 28 days (Rest of the World)

Please contact us detailing the reason for the return. It is obligatory to include your confirmation order number and this will be detailed on the confirmation order e-mail. All items must be returned in an unused (re-saleable, as judged by Original Travel) condition In case of a fault, please provide a full description of the fault within the package. You will be contacted by Original Travel when your refund has been processed. This will not affect your statutory rights. The customer is responsible for the postage costs incurred when returning an item. Goods must be returned with proof of purchase by registered post only. We cannot be held responsible for any item returned to us in any other way. Please send to Original Publishing 1b The Village 101 Amies Street
London SW11 2JW

f) Electronic communications
For contractual purposes, you agree to receive electronic communications from us, and that all agreements, notices, disclosures and other electronic communications that we send you satisfy legal requirement that these communications be made in writing. This does not affect your statutory rights.

g) Conditions Relating to Purchase of Vouchers
Vouchers must be redeemed within 365 days of the date of issuance, which is the "voucher issue date" included on the voucher

Vouchers must be redeemed through Original Travel, towards the purchase of holidays and services offered by Original Travel

Vouchers are not redeemable for cash and cannot be returned for a cash refund

Vouchers can be collected and combined If your booking exceeds the voucher amount, you will be asked for the balance to be paid by credit card, cheque or online bank transfer

Each voucher's cash value is 1/10 of one pence

Vouchers and their use are subject to Original Travel's Terms & Conditions and Privacy Policy, both of which can be viewed on the Original Travel website

We are not responsible for lost or stolen vouchers

Original Travel has the right to request alternative forms of payment if an attempt is made to redeem a fraudulently obtained voucher through Original Travel

Original Travel may provide voucher purchasers with information about the redemption status of vouchers

h) Losses
Original Travel will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you began viewing the website, or a contract for the sale of goods by us to you was created. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you began viewing the website or when a contract for the sale of goods by us to you was created.

i) Alteration of Service or Amendments to the Conditions
Original Travel reserves the right to change these terms and conditions occasionally, at its discretion.

j) Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure occurs due to any cause beyond our reasonable control. This condition does not affect your statutory rights.

k) Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

l) Governing law and jurisdiction
Any dispute arising over our contract will be dealt with under English Law.

10. Conditions Relating to Terms and Conditions for Original Travel Membership
The card that is included with each copy of The Big Short Break book must be registered before you are eligible for any of the benefits of Original Travel membership.

Original Travel membership entitles the registrant to exclusive offers on trips featured in The Big Short Break book.

These offers are subject to availability.

The registered Original Travel member is also entitled to £20 off the cost of the first booking of a trip featured in The Big Short Break book.

If your copy of The Big Short Break book does not include a membership card, please contact Original Travel on 020 7978 7333 or email us on info@thebigshortbreak.co.uk and we will issue you with a unique number to allow you to register for the Original Travel membership benefits.

Copies
A copy of our latest terms and conditions can be viewed on our website www.originaltravel.co.uk where you can print off a copy for your records.

© Original Travel Ltd 2007 Original Travel® is the trading name of The Original Travel Company Ltd All rights reserved. Date of issue: October 2007