In these Booking Conditions references to “you” and “your” include the ‘lead name’ person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.
These Booking Conditions apply equally to all members of your party named in the booking. Where the ‘lead name’ on the booking is booking on behalf of other persons, it is the ‘lead name’ person’s responsibility to ensure that these Booking Conditions are brought to their attention and that they are familiar with them. We are entitled to assume that all members of your party have read these Booking Conditions.
Brelade Travel 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 and Linked Travel Arrangement Regulations 2018”, all passengers booking non-flight inclusive packages with Brelade Travel Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation. The policy will also include repatriation to the UK if necessary, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Brelade Travel Limited.
This insurance has been arranged with Advantage Financial Services Limited [Company Number 03404728],registered address: 21 Provost Street, London, N1 7NH. Advantage Financial Services Ltd, also trades as AFS, and is authorised and regulated by the Financial Conduct Authority registration number 308377, underwritten by Affirma, a trading brand of MGA Cover Services Limited [Company Number 08444204], registered address Farren House, The Street, Farren Court, Cowfold, West Sussex, RH13 8BP. MGA Cover Services Limited is authorised and regulated by the Financial Conduct Authority registration number 4043759 and underwrites this policy on behalf of: Evolution Insurance Company Limited Registered in Gibraltar No.88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA. Evolution Insurance Company Limited is licensed by the Financial Services Commission in Gibraltar under the Financial Services (Insurance Companies) Act to carry on insurance business in Gibraltar, and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK.
In the unlikely event of Insolvency you must Inform MGA Cover Services Limited immediately on +44 (0) 20 3540 4422. Please ensure you retain your 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. This policy will also not cover any monies paid or any claim relating to Air Flights. This policy will not cover travel arrangements that commence outside of the UK.
By making a booking, the ‘lead name’ person on the booking agrees on behalf of all persons detailed on the booking that:
(a) He/she has read these Booking Conditions and has the authority to and does agree to be bound by them; and
(c) He/she is over 18 years of age and resident in the UK; and
(d) where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
A booking is made with us when
(a) you tell us that you would like to accept our written quotation; and
(b) you pay us a deposit (see Clause 4) or if booking within 12 weeks of departure, full payment; and
(c) we issue you with a booking confirmation.
A binding contract will come into existence as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you by email or post.
Upon receipt, if you believe that any details on the confirmation, or any other document are wrong you must advise us immediately as changes may not be able to be made later.
The balance of the cost of your travel arrangements is due not less than 12 weeks prior to the start of your travel arrangements. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in Clause 5. will become payable.
Once you have made your booking, then any amendments to the booking or to your travel arrangements (which are subject to Clause 5. below) will be subject to these Booking Conditions which will apply to that amendment immediately upon the amendment being confirmed.
Only we and the ‘lead name’ on the booking shall have any rights to enforce these Booking Conditions.
Brelade Travel Limited offers you the flexibility to create your own holiday from the range of accommodation and services available. Because of the wide choice, it is not possible to list every price on every date. A ‘from’ price is indicative of prices for the style of hotel or itinerary featured, but this will vary depending on a number of factors such as your date of travel, choice of accommodation and activities selected. To help you in choosing a holiday, which is tailor made by us to your requirements, please contact our Sales team for further information about services and prices. We will be happy to provide you with an up to date quote.
Our marketing material and website ‘tour’ illustrations are for guidance purposes only, we reserve the right to alter the prices of any trips or tours shown in our marketing material, on our website or set out in our written proposal to you at any time before you make a booking. You will be advised of the current price before your booking is confirmed.
In all cases, in order to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of your trip and will be confirmed to you before you book.
The balance payment is due 12 weeks in advance of the intended departure date.
If the booking is made less than 12 weeks before departure, the full price of the trip will be payable on booking.
If, following the payment of a deposit at the time of booking, any balance remains unpaid within 12 weeks of the intended departure date, we reserve the right not to issue travel documentation and treat your booking as cancelled.
In such circumstances cancellation charges will be applied as per Clause 5. below.
Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation. Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Payment must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred. Payment can be made by bank transfer, debit or credit card. In all cases, a booking will not be confirmed until we are in receipt of cleared funds.
For Packages, changes in fees (including but not limited to transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements (or any part of them) may change after you have booked your travel arrangements with us. However, there will be no change to the cost of your travel arrangements payable to us within 20 days of departure.
In relation to the price of Packages, we will absorb, and you will not be charged for any increase equivalent to up to 2% of the price of your total travel arrangements payable to us, which excludes any amendment charges.
You will be charged for the amount over and above that, plus an administration charge of £25 per person. If this means that you have to pay an increase of more than 8% of the price of your total travel arrangements payable to us (excluding any amendments charges), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more, but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid to us, except for any amendment charges and cancellation charges already incurred.
Should you decide to cancel due to a price increase of more than 8%, you must exercise your right to do so within 7 days from the issue date printed on your invoice.
In relation to the price of Packages, should the price of your travel arrangements payable to us go down due to the changes mentioned in the clause above, by more than 2% of the total cost of your travel arrangements payable to us, then any refund due will be paid to you. However, 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 arrangements due to contractual and other protections in place.
What is not included in the price?
Our holiday price does not normally include:
• Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, fuel and extras for car hire
• Taxes or compulsory charges introduced by Governments, regulatory bodies or airlines after you have booked
• Security charges introduced or increased after you have booked relating to transportation costs
• Holiday insurance
The price payable to us by you for your travel arrangements, and what this price includes, will be confirmed to you by us at the time of booking and set out in our booking confirmation.
Any cancellation or amendment request must be sent to us in writing by the ‘lead name’ person and will not take effect until received by us. We will accept cancellation or amendment request by email on the understanding that you agree and accept that where the ‘lead name’ person is shown as the sender of the email, we will be entitled to assume that such email has been sent by the ‘lead name’ person. In any event, the timing of the receipt of your cancellation or amendment request will be deemed to be at the point we send our acknowledgment to you that we have received your communication.
If after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but cannot guarantee that this will be possible. Any request for changes must be in writing from the ‘lead name’ person who made the booking. You will be asked to pay an administration charge of £75 and any further costs we incur in making those alterations.
We reserve the right to treat any amendment notified to us less than 8 weeks prior to the date of departure as a cancellation and in such circumstances, will require you to pay to us the cancellation charges as per Clause 5(b) below. If you or any member of your party is prevented from going on your confirmed trip for reasons beyond your control for example, death of a close relative or jury service, you/they have the right to request the transfer of your/their booking to another person, subject to our prior approval. Such person will be bound by these terms and conditions of booking. Where you, as the lead and contracting member of your party, are unable to travel, and your place is taken by another person, that person will assume the role of lead and contracting member of the party, unless you notify us to the contrary. In all cases where a member or members of the booking party are substituted with others, we reserve the right to charge an administration fee of £75 per name change in addition to any other charges that we may incur in making the amendments.
If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.
In addition to amendment and cancellation charges that we apply, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels that you wish to make.
Note: Certain arrangements may not be possible to amend after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
The lead name person may cancel your travel arrangements at any time. The cancellation will take effect from the date that we acknowledge receipt of written notification of cancellation from the lead name person. Booking cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. If you cancel more than 12 weeks before your intended departure date (i.e. before the balance due date), this charge is likely to be the amount of your deposit, although it could be more.
Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking. Cancellation charges for your trip can be confirmed to you on request at any time, including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider.
In all cases, where cancellation results in us making a refund payment to you, such payment will be made to the lead named person and contracting member of your party, or any substitute lead and contracting member of the party (see Clause 5 (a) above). This will be the case regardless of which members of the party make the deposit and balance payments for the booking.
Please note that, in the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to us.
Please note, if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.
All amendment or cancellation charges become payable by you immediately upon confirmation of the amendment or cancellation.
Note: Certain arrangements may not be possible to cancel after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and we will not be responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
(a) Amendments before departure
We may have to make amendments to your proposed trip and may do this at any time and we will advise you of any changes that affect your booking before we issue the booking confirmation.
Occasionally, it is necessary for us to make changes after your booking has been confirmed. We are entitled to make minor changes to your booking provided that we inform you.
If, before the start of the package, we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services specified in Schedule 1 of the Package Travel Regulations, or cannot fulfil your special requirements that we have accepted in your booking confirmation, (“Significant Change”), we will notify you as soon as possible. Within the period that we shall specify in the notice, you may either: (i) accept the proposed changes; or (ii) terminate the contract without paying a cancellation charge.
If you choose to terminate your contract, you may accept a substitute package where we are able to offer this to you.
Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you are entitled to an appropriate price reduction.
If you terminate the contract and do not accept a substitute package, you will be entitled to a full refund within 14 days after the contract is terminated. In addition, compensation may be payable for any lack of conformity in accordance with Sections 8. and 9. below.
(b) Amendments during your trip
If we are unable to provide a significant proportion of your trip whilst you are away, suitable alternative arrangements will be made for you at no extra cost for the continuation of your trip and we will, where appropriate, compensate you for the difference between the services contracted for and those supplied. If it is impossible to make such alternative arrangements or these are not accepted by you for good reasons, we will give you the option to return to your point of departure or to another place which you have agreed (subject to flight/transport availability) and will, where appropriate, compensate you. This does not apply to minor changes in your accommodation, itinerary or transportation arrangements.
Whilst we hope we will never have to cancel your trip, this is very occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard with any appropriate refund, or will give you a full and prompt refund of the price of the trip. We will also be liable to pay appropriate compensation to you unless the reason for cancellation is a Force Majeure Event (see (d) below) or where we indicated that we needed a minimum number of bookings to operate the trip and we received less than the minimum number of bookings.
(d) Force majeure
Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or extraordinary event or circumstance beyond our reasonable control including, but not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers, (each such event or circumstance being defined in these Booking Conditions as a “Force Majeure Event”).
(e) Travel delays
We do not arrange flights for our packages, as our clients often wish to make their own personal arrangements for private flights. For clients who choose to use the services of major international airlines, we draw attention to EU law (Regulation 261/2004) that conveys rights in some circumstances to passenger refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are publicised at EU airports and are available from airlines. However reimbursement in such cases does not automatically entitle you to a refund of your travel arrangements costs from us. Your right to a refund and/or compensation is set out in clause 7(a) – (d) above.
The above Clauses 7(a) to 7(e) sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you. Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate.
We are liable to you for the performance of the travel services included in the package travel contract (whether those services are to be performed by us or by other travel service providers) – see Section 9.
If after departure you perceive any lack of conformity (as defined in Section 9 below) during the performance of your package travel contract, you must inform us without undue delay. We will remedy any lack of conformity within the reasonable period that you require, unless that is impossible or entails disproportionate costs, taking into account the extent of lack of conformity and the value of travel services affected. If we do not remedy the lack of conformity within the reasonable period you require, you shall be entitled to an appropriate price reduction for any period of lack of conformity and to appropriate compensation for any damage sustained as a result, in accordance with Section 9.
If we are unable to provide a significant proportion of your trip whilst you are away, we will offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, at no extra cost to you, for the continuation of your trip. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.
You may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.
If a lack of conformity substantially affects the performance of the package and we fail to remedy the lack of conformity with the reasonable period you specify, you may terminate the contract without paying a cancellation fee and where appropriate request a price reduction and/or compensation for damages in accordance with Clause 9.
If we are unable to make alternative arrangements or you reject the proposed alternative arrangement according to the above conditions, where appropriate, you are entitled to a price reduction or compensation for damages, or both, in accordance with Section 10 without terminating the travel contract.
If your package contract includes transport, we will also provide you repatriation with equivalent transport without undue delay and at no extra cost to you.
If we are unable to ensure your return as agreed in the package travel contract because of Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation (if possible of an equivalent category) for a period not exceeding 3 nights per traveller. The limitation to 3 nights’ accommodation does not apply to persons with reduced mobility (as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package.
Our liability under the above paragraph may not be limited by reason of Unavoidable and Extraordinary Circumstances if the relevant transport provider may not rely on such circumstances under the applicable EU passenger rights legislation.
Our obligations, and those of our suppliers, are to take reasonable skill and care to provide the services or facilities that form part of your booking with us.
(1) We will accept responsibility for the non-flight package travel arrangements we agree to provide or arrange for you as an “organiser” under ‘‘The Package Travel and Linked Travel Arrangement Regulations 2018” as set out below. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description which results from: –
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
(3) The services and facilities included in your trip are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where we organise trips are often lower than comparable standards in the UK. We will at all times endeavour to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude their liability. Local standards of the relevant country will be relevant in assessing performance of the services being performed in that country. In the event of any complaint, the contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) claims not falling under (a) above or involving injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice the price paid to us by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party have not received any benefit at all from your booking.
(c) claims in respect of international travel by air, sea and rail, or any stay in a hotel.
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging 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 the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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 any business losses.
(8) Where excursions and/or services and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of the contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions, services and activities as part of your contract. Any excursions and/or services and/or activities that you decide to purchase at any time from a local supplier or third party will not form part of your contract with us. For example, any excursion you book before or whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Your contract for such excursions/services/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion, service or activity.
(9) If you are in difficulty during your trip, you can call us on the 24 hour helpline number detailed on your itinerary and we will be pleased to provide assistance without undue delay. Such assistance will consist mainly of providing, where appropriate, information on aspects such as health services, local authorities and consular assistance, as well as practical help, for instance with regard to distance communications and alternative travel arrangements. However, the availability of this assistance does not replace your responsibilities as detailed in these Booking Conditions, particularly although not limited to your medical and other entry requirements, arranging appropriate travel insurance cover and your personal conduct. And furthermore, we reserve the right to charge a fee for such assistance to cover our costs to provide it, in the event the difficulty faced by you is caused intentionally by you or through your own negligence.
(10) We accept no liability for loss or expenses or claims for compensation related to missed connections for transport, excursions or activities that result from your own failure to arrive at the departure point at the arranged time. Please note that this includes any delays as a result of flights or other transportation organised by you.
Any passports, visas, health certificates, International Driving Licences, entry requirements and other travel documents required for your holiday must be obtained by you, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by you or by us on your behalf) as a result of failure to comply with such requirements.
You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so. Please note that this includes any delays as a result of flights or other transportation organised by you.
You acknowledge that the nature of your chosen itinerary may be adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural, geographical, environmental and wildlife attributes may present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks that may be attendant upon such travel.
The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet under the address http://www.fco.gov.uk
We will, upon request, provide general information relating to passport, visa and health requirements relevant to UK citizens, for the destinations we feature. This may be limited to providing contact details for the relevant embassy or consulate. Most countries now require passports to be valid for at least 6 months after your return. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for details. Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination(s) concerned. We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health requirements. If you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact our offices before completing any reservation to ensure compatibility for the holiday that you choose.
All guests in your party are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of the other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your travel arrangements with us immediately. In the event of such termination our liability to you and/ or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of any other guests or individuals.
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. We, or the suppliers of the services you have bought, will provide you with the services you have bought (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative supplier may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative supplier will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that supplier. However, you also agree that in some cases it will not be possible to appoint an alternative supplier, in which case you will be entitled to make a claim under the insurance scheme (or your credit card issuer where applicable).
Please note that we do not organise flights or flight-inclusive packages, and therefore we have no responsibility or liability in respect of this aspect of your travel arrangements.
You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so. Please note that this includes any delays as a result of flights or other transportation organised by you.
Notwithstanding this we draw to your attention:
- the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
- in circumstances should you choose to use the scheduled services of any of the world’s international airlines and experience operational delays, change of aircraft or routing, it is the responsibility of the airline or transport provider concerned to provide refreshments and/ or appropriate accommodation. We cannot accept liability for any delay which is due to any reasons related to your flight (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check-in or board on time).
- under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund of your holiday price from us. If the airline does not comply with these rules you should complain to the Aviation Consumer Advocacy Panel which is part of the Civil Aviation Authority www.caa.co.uk.
In order to process your booking and meet your requirements, we must pass your personal details on to the relevant suppliers of your travel arrangements.
Brelade Travel Limited is the data controller of any personal information that you provide, such as name, address and any special needs, health, medical, mobility or dietary requirements, under General Data Protection Regulation 2016/679 and the Data Protection Act 1998. In order to process your booking and ensure that your travel arrangements run smoothly and meet your requirements, we need to use the personal information that you provide to us. We may pass personal information on to relevant suppliers of your travel arrangements such as hotels, transport companies and local tour operators. Your personal information may also be provided to public authorities such as customs and immigration, security and/or credit checking companies, credit and debit card companies and government and enforcement agencies if required by them, or as required by law. We may also use your personal information for the purposes of carrying out security checks. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes.
If you travel outside the European Economic Area (EEA), your personal information may have to be sent outside the EEA where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot properly effect your booking. In making this booking, you consent to this information being passed on to the relevant persons.
If you are travelling to the US, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. International travellers who are seeking to travel to the US under the Visa Waiver Programme (VWP) are now subject to enhanced security requirements and will be required to complete an ESTA (Electronic System for Travel Authorisation) 72 hours before departure and pay an administrative fee. This can be completed on the following website: https://esta.cbp.dhs.gov/.
The personal information that you provide to us or which is obtained through your dealings with us, will also be used by us or by processors on our behalf: to review your dealings with us including your purchasing and preferences; to review, develop and improve the trips and services that we offer; for market research purposes and for statistical analysis.
We would also like to hold your information (including any email address), where collected by us, for Brelade Travel Limited future marketing purposes (for example, to inform you of promotional/competition offers or to send you our brochure. When booking, you will be asked for your consent for us to do this. To alter your marketing preferences please write to us at Brelade Travel Limited, Ingles Manor, Castle Hill Avenue, Folkestone, Kent, CT20 2RD. If you wish to obtain a copy of the personal information held about you, please write to the above address. We may make a charge for supplying this information as permitted by law.
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. If you develop a serious medical problem after making a booking or a medical problem worsens, we reserve the right to reasonably refuse or cancel your booking, if in the unfortunate event that we cannot accommodate the booking/reservation. In these circumstances we will endeavour to limit any cancellation charges applicable.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our local representative (where applicable) immediately who will endeavour to put things right. Please note that failure to follow this procedure may affect your rights under this contract and reduce or extinguish any claim against us or our suppliers as we have been denied the opportunity to investigate and rectify the problem and/or take steps to reduce or entirely prevent any loss or damage being suffered.
If your complaint or problem is not resolved locally, please contact us by email, by telephoning our UK Office on +44 (0) 1303 316 021, or our 24 Hour Emergency Telephone Number as detailed on your Itinerary. If the problem cannot be resolved and you wish to complain further, please send formal written notice of your complaint to us at Brelade Travel Limited, Ingles Manor, Castle Hill Avenue, Folkestone, Kent, CT20 2RD within 7 days of the end of your stay, giving your booking reference and all other relevant supporting information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR Notice’) to the other party[ies] to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within 14 working days from the date of the ADR Notice, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the parties having consulted with them.
Unless otherwise agreed, the mediation will start not later than 28 working days after the date of the ADR Notice. No party may commence any court proceedings/arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
Our marketing material and website ‘tour’ illustrations are for guidance purposes only, we reserve the right to alter the prices of any trips or tours shown in our marketing material or on our website or set out in our written proposal to you at any time before you make a booking. You will be advised of the current price before your booking is confirmed.
Descriptions of accommodation, facilities and services are obtained from our suppliers in advance of publication and it is possible that an advertised facility may be withdrawn or changed for reasons such as lack of demand, bad weather, maintenance or renovation. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Due to ongoing renovations some hotels or their surroundings may have changed, sometimes quite dramatically since the latest update of our marketing material or our website. In the majority of cases the images featured are those provided by the relevant suppliers. Please note that the imagery provided is purely for your guidance and need not necessarily provide a current representation of the hotel and its surroundings as further developments may have taken place since these images were taken.
It is essential and a condition of booking with Brelade Travel Limited, that you take out a comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.
You must also ensure that any activities considered hazardous (scuba diving, etc) and travel in light or single-engine aircraft are covered by your policy where you intend to take part in such activities. We advise you to read the details of your policy carefully and take them with you on your holiday. Please note that the majority of insurance policies will exclude any undisclosed pre-existing conditions, medical or otherwise, and we advise you where you have any doubt to check with your insurer prior to booking.
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only (subject to the Arbitration process under Clause 16). If any part of this contract is found by a competent authority to be invalid or unlawful then that provision shall be deemed not to be a part of this contract and it shall not affect the enforceability of the remainder of this contract. If a clause is deemed unenforceable it shall be substituted with an enforceable clause which maintains the spirit and objective of the deleted clause. No term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
These Booking Conditions are accurate at the time they were printed. We may alter these terms and conditions at any time. If we do so, all subsequent bookings will be governed by the newer version. You must check our website for the applicable up to date version of these terms and conditions.
Date these Booking Conditions were updated: 2 December 2019