IMPORTANT INFORMATION REGARDING THE ONGOING CORONAVIRUS CRISIS
On 17th March the UK Government advised against all non-essential travel overseas, initially for a period of 30 days.
Under normal circumstances, when there is Foreign & Commonwealth Office (FCO - the UK equivalent of the State Department) advice against travel, our clients travelling on holidays classed as a package (where we have arranged two or more elements) in the affected period would be subject to the Package Travel Regulations, the Europe-wide directives governing the travel industry. However, in these exceptional circumstances we are currently facing, that is simply not possible.
We and other ABTA (Association of British Travel Agents) members are offering our clients the option to move their holiday to a later date, asking that they find out if they have cover through their travel insurance, and offering credit notes or vouchers.
ABTA is in discussions with the Government on how support can be provided to its members and is lobbying the government strongly for temporary suspension of the Package Travel Directive given these unprecedented times.
In the meantime, the ABTA scheme of protection is now extended
to Refund Credit Notes, issued following the cancellation of travel
arrangements that were originally protected under the ABTA scheme
of protection because of the Covid-19 situation. Monies covered by
such Refund Credit Notes are protected in the event of the -
highly, highly unlikely - failure of Original Travel. This
protection will last until 31 July 2020.
Clients have the right to redeem the Refund Credit Note against a future booking with us. Refund Credit Notes must be issued within 14 days of the date of cancellation of the original booking and must be redeemed against a future booking by 31 July 2020.
The Refund Credit Notes issued by Original Travel will remain financially protected by the CAA for postponed holidays which included flights, for which clients would have received an ATOL Certificate at the time of booking. Similarly, Refund Credit Notes for holidays which did not include flights at the time of booking will also be protected by the bond Original Travel has put in place and which is held by ABTA.
Please note that, depending on the payment terms being applied by our suppliers, cancellation terms for postponed bookings may remain linked to the original departure date and may also, in some circumstances, require additional payments to secure the booking where only deposit payments have been made to date.
In the event that the Package Travel Regulations are amended temporarily to reflect the reality of the situation, we will review this guidance. We thank clients for their understanding with regard these temporary measures.
TERMS AND CONDITIONS
We are the Original Travel Company Ltd, a limited company incorporated in England trading as Original Travel UK, Original Diving, Simoon Travel and Tim Best Travel (company number 04437204) whose registered office is at First Floor, 111 Upper Richmond Road, London SW15 2TL
Application of these terms and conditions
These terms and conditions, together with the terms set out in the Booking Form and any further terms and conditions notified to you by us prior to your entering into a contract with us, which are relevant to your booking and any other terms which we both otherwise agree will be binding on Original Travel and you once a contract is made between us (Our Terms). A contract will exist between us once you have made your booking with us, paid the deposit as applicable (or such other fee as may be appropriate, for example where you are making a 'late booking'). You should read these terms and conditions carefully. If any part of Our Terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
The contract between us will be governed by English Law and any dispute will be resolved exclusively by the English courts. Our Terms do not affect your statutory rights.
All holidays are subject to availability. When you make a booking with us you are making an offer to us to buy some of our services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions. All bookings must be made by a person aged eighteen years or over. Where the booking relates to more than one person, the first-named person in the party aged eighteen years or over as entered on the booking form will be treated by us as the 'lead name' for the booking. Completion and submission by our Booking Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions.
In the event where our services are provided to a Travel Planner for onwards sale to the Traveller:
As above, the completion and submission of the Booking Form would be treated by us as confirmation that our terms and conditions have been read, understood and accepted. Where this agreement is between us and a Travel Planner, the Travel Planner agrees to complete the booking form with the details of the Traveller and as such, the completion and submission of this booking form will be treated by us as confirmation that the Travel Planner and the Traveller have read, understood and accepted all of our Terms and conditions.
You will be notified at the time of booking of the price of your holiday (or the holiday being booked on behalf of the Traveller). You will be required at the time of booking to pay us a non-refundable deposit, typically 30% of the quoted holiday price, and the full holiday price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 30%. On occasions, our suppliers require additional amounts up to full payment in advance. On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see below). We accept cheques, bank transfers and credit or debit cards.
Changes or cancellation by you:
Changes: If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. On some occasions, if members of a group booking withdraw, there are fixed costs which mean the remaining travelling party must pay more per person. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name (or by the Travel Planner where applicable) before we can make the change.
Treatment of changes by our suppliers:
Many of our suppliers do not permit us to change names or travel dates and impose full cancellation charges. We will pass these on to you where applicable.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require (in the case where this agreement is between us and you) the authority of the Traveller in writing or (in the case of a group booking where our agreement here is between us and you, a Travel Planner) the authority in writing of you, the Travel Planner to do so. Our cancellation charges will apply (see the table 'cancellation charges' below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you. We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date.
The Traveller must be fully insured for the holiday and must make sure that all of the activities which will be carried out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your holiday, emergency evacuation and repatriation costs in respect of all of activities.
Late enquiries (High season):
An upfront fee of GBP 150.00 applies for enquiries within 2 calendar weeks of arrival date solely during May, June and July. This sum will be offset against the booking arising from this enquiry.
Number of days left before your (or, where you are a Travel Planner, the Traveller's) due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price)
60 days or more Deposit only
59 - 43 days 50 %
29 - 42 days 75 %
0 - 28 days 100 %
If we have to change or cancel your holiday:
We will take reasonable care to deliver the holiday which we are contracted to provide to you. As we put in place the arrangements necessary to enable us to offer our range of holidays many months in advance, we may occasionally have to make changes and reserve the right to do so at any time. Original Travel will obviously do all possible to make sure that all the services arranged with us run smoothly and as planned. Occasionally, things happen that are completely unexpected. What we do promise is that we will do EVERYTHING within our power to make a wrong situation right. Where an alternative, to the service booked and confirmed is necessary, we will offer the best possible alternative to you.
It is your responsibility to ensure that all Travellers have
valid passports, appropriate visas and vaccinations. Women 28 weeks
or more into pregnancy at the time of return travel must have a
doctor's certificate confirming that they are fit to travel (note
airlines normally require certification at 32 weeks). We are not
liable for any costs, delays or illness resulting from your failure
to meet requirements.
You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us for all Travellers before you book with us or, if newly diagnosed, before the due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of the travelling party as a passenger as a result of any medical condition or disability.
You are responsible for your behaviour and that of your party (and where you are a Travel Planner, the behaviour of the travelling party). We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of the travelling party from any transport, accommodation or any part of holiday if you or any member of the travelling party is drunk or under the influence of drink or drugs; if you/a member of the travelling party are or we reasonably believe that you/they are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You/any member of the travelling party as applicable may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you/the travelling party to sign a waiver form in respect of the activity being carried out.
Despite our best endeavours to ensure your holiday runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time please contact us on our 24-hour emergency number (+44 (0)20 7978 7333) Please remember that we will be unable to help if you only mention the issue on your return from holiday. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note).
Dealing with complaints:
If you have a problem during your holiday, please immediately inform the relevant supplier whose service is involved (e.g. the hotelier) and our local representative (or if none, Original Travel emergency line as per above), who will endeavour to put things right. It is unreasonable and in breach of your contractual obligations to us to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to Original Travel in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay while on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
For Travel Planners, please ensure that the Travellers are aware of the procedure above for complaints, to ensure that any problem is identified within the duration of the holiday. Please however note here that although we will do our best to rectify any issues within our powers, it is your responsibility to handle any complaints brought directly by members of the travelling party, and our liability for the resolution of complaints will be to you the Travel Planner only.