Booking Terms & Conditions
Booking Conditions
The following booking conditions together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Great Rail Journeys Limited of 4th and 5th Floors, HQ Building, Hudson Quarter, Toft Green, York, North Yorkshire, YO1 6JT ("we", "us" or "ourselves") Reg No 3208093. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read these booking conditions and agree to them. References to "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date), or any of them as applicable.
References to "holiday", "booking", "tour" or "arrangements"
means the holiday arrangements which we agree to make, provide or
perform (as applicable) as part of our contract with you, unless
otherwise stated.
By making a booking, the first named person on the booking ("party
leader") 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;
b. He/she consents to our use of information in accordance with
our Privacy Policy;
c. He/she is over 18 years of age and 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;
d. He/she accepts financial responsibility for payment of the
booking on behalf of all persons named on the booking; and
e. He/she accepts responsibility for passing all documentation and
information in regards to the booking on to all persons named on
the booking.
1. Making Your Booking
You may book with us by telephone, online or via one of our authorised travel agents. Once we (or your authorised travel agent) have received all appropriate payments, we will, subject to availability, confirm your holiday over the telephone (where you or your travel agent make the booking by telephone) or by e-mailing or otherwise sending a booking confirmation letter/invoice to the party leader. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. Where you book through one of our authorised travel agents, the booking confirmation letter/invoice and all other communications will be sent to your agent and you should also contact us through the agent. Alternatively, you can book online via our website in which case your holiday booking will be acknowledged by e-mail and a booking confirmation letter/invoice will follow. The acknowledgement of your booking is not a confirmation of it and does not create a legally binding contract. A binding contract between you and us only comes into existence once we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent who will then send it on to you. All references in these booking conditions to the confirmation of your booking means the booking confirmation letter/invoice. A provisional booking can be made by phone but you must send the applicable payment within 7 days, or the provisional booking will automatically lapse.
If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, of the booking confirmation, ATOL Certificate or any other document, please check all of the details carefully. In particular, please check that the initials or forenames and surnames given match those on your passports as we make reservations using this information. If you believe that any details are incorrect, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
Where you choose to book separate travel with a separate provider to compliment and/or supplement your booking with us (including but not limited to, flights, hotels and connecting rail travel), we will have no liability to you in regard to how this travel effects and/or is effected by your booking made with us.
2. Payment
You are required to send us the appropriate deposit per person (as detailed on the relevant tour page) or full payment if booking within 60 days of departure (90 days for European River Cruise). In addition to the deposit applicable to the holiday, a further additional deposit is required of a minimum of 20% of the additional cost for any booking variations including flight and hotel upgrades and holiday extensions. Please note, deposits and all additional deposits are not refundable except where expressly stated in these booking conditions.
The balance of the cost of your holiday must be paid no less than 60 days before departure (90 days for European River Cruise). If a cheque payment is declined by your bank for any reason, an administration charge of £30 will be made. If you return your payment counterfoil before the date that payment is due, this authorises us to take payment early. If we do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf on trust, until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent's obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.
3. Accuracies
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
4. Entry, Passports, Visa & Immigration Requirements, Safety & Health Formalities
We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.
Such information which you may need to check includes (but is not limited to) passport requirements including how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETA for UK travel and/or ETIAS for EU travel.
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.
- the Foreign, Commonwealth and Development Office ("FCDO", https://www.gov.uk/travelaware) (applicable to UK residents);
- UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship.
- Embassies, High Commission and/or Consulates;
- own doctor.
For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.
5. Travel Insurance
It is a condition of booking that you take out adequate and appropriate travel insurance cover. We recommend you do this at time of booking so that your deposit (less any applicable excess) is recoverable in the event of a cancellation covered by the policy. If you take out your own cover please provide us with details of the insurance company, the policy number and the 24-hour emergency telephone number prior to departure or when requested. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies. The duration of the holiday as shown on the booking confirmation or as advertised in the brochure or on our website includes the day of departure and day of return and is the period to be used for insurance purposes. Read our policy details carefully and take them with you on holiday. Should you choose to extend your holiday (either at the start or the end of your holiday), you will need to extend the duration of your insurance cover. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. Pricing
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the
cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable
to the holiday imposed by third parties not directly involved in
the performance of the holiday, including tourist taxes, landing
taxes or embarkation or disembarkation fees at ports and airports;
and
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this condition However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
7. Alterations to Your Booking and Booking Transfers
Please notify us in writing if circumstances arise whereby you wish to transfer to another available holiday, depart on a different date or make other alterations to your confirmed holiday. Note that any transfer requests to an alternative holiday (as distinct from transfers of bookings to other individuals, which are dealt with below) of less than 85% of the value of your original booking will be regarded as a cancellation and cancellation charges as set out in clause 8 will be payable. Any alterations requested 60 days or more (90 days or more for European River Cruise) prior to departure will be subject to an alteration fee of £125 per person, together with costs or charges incurred or imposed by any of our suppliers. Any alteration to your booking requested less than 60 days (90 days for European River Cruise) prior to departure will be regarded as a cancellation and cancellation charges as set out in clause 8 will be payable. Please note costs could increase the closer to the departure date that changes are made and you should therefore contact us as soon as possible.
Certain arrangements, such as low-cost flight bookings, may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
Transfer of Booking to Another Individual (i.e. name changes)
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the
conditions applicable to the arrangements;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment at the time due, an
amendment fee of £125 per person transferring, as well as any
additional fees, charges or other costs arising from the transfer
(including those imposed by our suppliers); and
d. the transferee agrees to these booking conditions and all other
terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. Cancellation by You Before Departure
Should you wish to cancel your holiday, notice can be given verbally but must be followed up in writing by the party leader. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it.
Since we incur costs in cancelling your arrangements, you will be required to pay the applicable cancellation charges up to the maximum shown below. The amount of the cancellation fee depends upon the date when the written notice of cancellation is received by us. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not normally refundable.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
The cancellation charges below have been calculated as a pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period. The scale of cancellation charges is as follows:
| European River Cruises | All other holidays | Luxury Independent Holidays | |
| 91 days or earlier** | Loss of deposit paid* | Loss of deposit paid* | Loss of deposit paid |
| From 61 to 90 days | 50% of final invoice | Loss of deposit paid* | Full loss of moneys paid |
| From 41 to 60 days | 65% of final invoice | 35% of final invoice | |
| From 28 to 40 days | 75% of final invoice | 60% of final invoice | |
| From 14 to 27 days | 100% of final invoice | 85% of final invoice | |
| 13 days or less prior to departure | 100% of final invoice | 100% of final invoice |
*Loss of Deposit means the loss of the full deposit amount, including the outstanding balance of any 'low deposit' payment you have made, and includes loss of any additional deposit paid for holiday variations and holiday extensions as referred to in clause 2.
**Certain holiday arrangements may have earlier dates at which cancellation charges would apply. You will be advised of these dates at the time of booking your holiday.
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Any such additional costs are not cancellation charges.
Please note certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may terminate the package travel contract applicable to your holiday at any time before the start of the package without paying a cancellation charge in the event of "unavoidable and extraordinary circumstances" occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. You must be able to show at the time you wish to cancel that there is no reasonable possibility of your holiday going ahead, in order to rely on this clause.
For the purposes of this clause, "unavoidable and extraordinary circumstances" means warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.
This clause 8 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9. Changes and Cancellations by Us
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Please note that occasionally due to events outside our control, including but not limited to adverse weather conditions or where the cruise cannot dock in the expected port due to unexpected circumstances, we may have to make changes to your itinerary with little or no notice. Such changes will be considered an insignificant change except where the change results in you missing out on one or more major destination from your itinerary.
Insignificant Changes by Us: An insignificant change is any change, which is not a significant change as referred to below.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers, and/or changes to stops at certain ports. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally, we have to make a "significant change" to your confirmed arrangements. Examples of what might equate to "significant changes" is dependent upon the details of your booking including the following, when made before departure:
(a) A change of accommodation area for the whole or significant
part of your time away,
(b) A change of accommodation to that of a lower official
classification or standard for the whole or a significant part of
your time away,
(c) A change of outward departure time or overall length of your
arrangements by more than twelve hours,
(d) A change of UK departure airport except between
a. The London airports: Gatwick,
Heathrow, Luton, Stansted, London City and Southend
b. The South Coast airports:
Southampton, Bournemouth and Exeter
c. The South Western airports: Cardiff
and Bristol
d. The Midlands airports: Birmingham
and East Midlands
e. The Northern airports: Liverpool,
Manchester and Leeds Bradford
f. The North Eastern airports:
Newcastle and Teesside
g. The Scottish airports: Edinburgh,
Glasgow, Prestwick and Aberdeen
(e) A significant change to your itinerary.
Cancellation: We will not cancel your arrangements less than 60 days before departure (90 days for European River Cruise) except for reasons of Events Beyond Our Control or failure by you to pay the final balance. All our escorted holidays are organised on the basis of a minimum number of clients (usually 15). In the unlikely event the holiday (which would include any individually purchased variations or extensions), has to be cancelled because of insufficient numbers, you will be informed at least 60 days (90 days for European River Cruise) prior to departure.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:
i. (for significant changes) accepting the changed arrangements;
or
ii. If available and where we offer one, accepting an offer of an
alternative holiday (we will refund any price difference if the
alternative is of a lower value but if the alternative holiday is
more expensive, you will be required to pay the applicable price
difference); or
iii. accepting the cancellation in which case you will receive a
full refund of all monies you have paid to us.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation In addition to a full refund of all monies paid by you, we may pay you compensation as detailed below where we make a significant change, you do not accept the changed arrangements and cancel your booking or if we cancel your booking and no alternative arrangements are available and/or we do not offer one. The amount of compensation will be calculated based on the scenario in question and will be confirmed to you by us.
*IMPORTANT NOTE: We will not pay you compensation in the
following circumstances:
a. where we make a minor change
b. where we make a significant change or cancel your arrangements
(including cancellation due to not reaching the minimum number of
client bookings required to run your holiday) more than 60 days
before departure (90 days for European River Cruise)
c. where we make a significant change and you accept those changed
arrangements or you accept an offer of alternative travel
arrangements
d. where we have to cancel your arrangements as a result of your
failure to make full payment on time;
e. where the change or cancellation by us arises out of
alterations to the confirmed booking requested by you;
f. where we are forced to cancel or change your arrangements due
to Events Beyond Our Control (see clause 10).
In any of the circumstances referred to above we will not be liable for the cost of any service (such as, but not limited to, flights, hotels and connecting rail travel) which is purchased in connection with any holiday but which is not booked through us, or for any related expenses such as cancellation charges or amendment fees for any service which cannot be used or has to be cancelled or amended as a result of our having to cancel or make a significant change to any holiday.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed we will, if possible, make suitable alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
10. Events Beyond Our Control
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by "Events Beyond Our Control". For the purposes of these booking conditions, Events Beyond Our Control means any event beyond our or our supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our supplier(s) control.
11. Your Behaviour
We reserve the right in our absolute discretion to terminate without prior notice the holiday arrangements of any customer whose behaviour is such that it causes or is likely to cause, in our reasonable opinion, or in the opinion of any Tour Manager (if on an escorted holiday) or any other person in authority, distress, damage, danger or significant annoyance to any third party, or damage to property. In these circumstances all our obligations to you under our contract or otherwise will cease, full cancellation charges will apply and we will not be liable for any refund, compensation or costs incurred by you whatsoever. 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. 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 other guests or individuals who have no connection with your booking arrangements or with us.
12. Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your Holiday Itinerary, Welcome Pack and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your Holiday Itinerary, Welcome Pack and the information we provided to you regarding the services prior to booking.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any
injury, illness, death, loss, damage, expense, cost or other sum or
claim of any description if it results from:
(a) the acts and/or omissions of the
person affected; or
(b) the acts and/or omissions of a
third party unconnected with the provision of the services
contracted for and which were unforeseeable or unavoidable;
or
(c) Events Beyond Our Control (as
defined in clause 10).
(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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don't involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid 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 has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air 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 Warsaw/Montreal Convention (international travel by
air); 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) In any circumstances in which a carrier is liable to you by
virtue of EC 261/2004 (denied boarding and flight disruption), any
liability we may have to you under our contract with you, arising
out of the same facts, is limited to the remedies provided under
the Regulation as if (for this purpose only) we were a
carrier.
iii) 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) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in your Holiday Itinerary, Welcome Pack and the information we provided to you regarding the services prior to booking and we don't remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking 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
(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
(8) Please note, we cannot accept any liability for any damage,
loss or expense or other sum(s) of any description:
(a) 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;
(b) relate to any business;
(c) indirect or consequential loss of any
kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to "unavoidable and extraordinary circumstances", we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your tour. For the purposes of this clause, "unavoidable and extraordinary circumstances" may include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
13. Complaints
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform your Tour Manager (if on an escorted holiday) and/or us by telephone on our 24-hour emergency helpline (if not on an escorted holiday) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to your Tour Manager (if on an escorted holiday) or us (if not on an escorted holiday) and the supplier as soon as possible to enable us to begin to resolve it.
If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the Lead Passenger should write to us. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
Please note that we do offer an Alternative Dispute Resolution service, through our ABTA membership. Please see clause 14 for further details.
14. Arbitration
We are a Member of ABTA, membership number V2170. 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 you can contact ABTA, 30 Park Street, London SE1 9EQ. You can also use the AITO arbitration service - please see www.aito.com for further information.
15. Conditions of Suppliers
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 us or the supplier concerned.
16. Special Requests
If you have any special requests, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation letter/invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request and all such bookings will be treated as "standard" bookings subject to the above provisions on special requests.
17. Medical Conditions/Disabilities/Reduced Mobility
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. Some of our tours can prove to be challenging, mobility wise, or physically demanding. If you have any medical condition or disability which may affect your tour or any health, fitness or mobility concerns which may affect your ability to cope with the tour, please give us full details before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. We will make reasonable efforts to accommodate special needs or cause our suppliers to accommodate them, but, if we are to help you choose the right tour for your health, mobility and fitness, we must be aware of all details.
Please note that Tour Managers (if on an escorted holiday) cannot provide individual assistance with boarding trains or coaches, or handle your luggage. It is your responsibility to provide us with full and accurate details of your mobility, health and fitness (including any disability), so we can advise you on the suitability of tours. As standard practice all customers are asked at the point of booking whether they have any mobility limitations or health concerns which may impact on their tour. Customers are required to provide all relevant information to ensure that this matter has been carefully considered and we are aware of any issues. We may require you to produce a doctor's certificate certifying that you are fit to participate in the tour. 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 (including any Tour Manager on an escorted holiday) will cancel it and impose applicable cancellation charges when we become aware of these details (whether prior or during the holiday when such condition become apparent to us. You must also advise us as soon as possible of any change in any disability or medical condition or your health, fitness or mobility or if any medical condition or disability which may affect your tour develops after your booking has been confirmed. Please also see clause 6.
18. Fitness to Travel for Cruise Arrangements
Where you have booked a cruise, the following conditions will apply in addition to those set out in clause 17.
In order to ensure that the carrier of your cruise is able to carry passengers safely and in accordance with applicable safety requirements established by international, EU or national law or otherwise in order to meet safety requirements established by competent authorities including the ship's flag state, you (and every member of your group) warrant that you/they are fit to travel by sea and that your/their conduct or condition will not impair the safety of the cruise ship. Please note that the carrier of your cruise may require you to provide medical evidence of fitness to travel, in order to assess whether you can be carried safely and in accordance with applicable international, EU or national law. Passengers who require the use of a wheelchair must provide their own standard size wheelchair for the duration of the cruise. Carriers may provide a limited number of wheelchairs which are strictly available for emergency use only. The carrier may require such passengers to be accompanied by a travelling companion who is fit and able to assist them, where it is reasonably deemed by the carrier that this is strictly necessary.
19. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with 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.
20. Delays, Missed Transport Arrangements & Other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under UK 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 UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in condition 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a 'UK Air Safety List' (available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/) detailing air carriers that are subject to an operating ban within the UK.
21. Rail Journeys and Reservations
We request rail reservations many months in advance but occasionally there are insufficient First Class seats available. In these situations we will book Standard Class seats and refund the difference to you. Although we do our best to follow the routes noted on the itinerary there might be occasions when a different routing and/or departure time is necessary due to timetable variations or seat availability.
Regardless of any information given by us in good faith, operational changes may be made by a rail supplier/operator at any point and without notice, and we cannot be responsible for these. Increasingly, trains are 100% non-smoking, and reservations are requested in non-smoking accommodation, although at busy times we may be allocated some smoking seats.
We cannot make specific requests for smoking seats. Prices quoted in this brochure and on our website are based on special fares negotiated with our rail partners for group travel. Should you wish to travel on any Eurostar or other rail service, other than those included as part of your holiday, a rail variation charge of £25 per person per service plus any additional cost will apply. Any change involving sleeper services will be quoted on an individual basis.
Tickets for Eurostar train services are issued subject to the conditions set out in Eurostar International Limited's conditions of carriage and/or the conditions of carriage of the carrier in question, copies of which are available from travel agents appointed by Eurostar International Limited or supplied on request.
22. Your Financial Protection
We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser's Licence number 3278, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Great Rail Journeys Limited, member number 5386, and in the event of their insolvency, protection is provided for:
• Non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Great Rail Journeys Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made. You can find out more about ABTOT here: https://www.abtot.com/
If you book arrangements other than package holidays from us, your monies will not be financially protected. Please ask us for further details.
Our AITO membership
Great Rail Journeys Limited is a member of the Association of Independent Tour Operators, an organisation representing some of Britain's best specialist tour operators. Members of AITO strive to create holidays with high levels of professionalism and a shared concern for quality, personal service and customer satisfaction. The Association encourages the highest standards in all aspects of tour operating and all members are fully bonded for clients' protection, in compliance with UK and European regulations. Great Rail Journeys - like all other AITO members - are also bound by the organisation's Quality Charter. For further information about AITO visit www.aito.com or call 020 8744 9280.
23. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with long distance communications and finding alternative travel or accommodation arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party's negligence.
24. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
25. Law & Jurisdiction
English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us ("claim") except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA or AITO Arbitration Schemes (if the Scheme is available for the claim in question - see clause 14) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland or Northern Ireland as applicable (but if you do not so choose, English law will apply).