High Point Holidays Walking Holidays Brochure 2019 2019 | Page 65

HIGH POINT HOLIDAYS TERMS & CONDITIONS The following conditions together with the general information contained on our website form the basis of the contract between you, the customer, and us (High Point Holidays LLP). Please ensure that you are aware of these terms as they set out our respective rights and obligations. control. Some guided group holidays require a minimum of 4 participants and, in the event of such a minimum number not being achieved prior to 6 weeks before departure, we shall be entitled to cancel the holiday whereupon all monies paid by the customer shall be refunded or an alternative holiday offered. No compensation shall be payable. 1. Booking with High Point Holidays. Force Majeure All bookings must be made on our Booking Form by the person responsible for the party (if there is more than one person), who must be over 18 years of age. This person is respon- sible for ensuring all payments due for the holiday for those persons mentioned on the Booking Form. Once we have received your Booking Form and the appropriate deposit for the holiday, we will confirm your holiday in writing and send you an invoice for the pay- ments outstanding. A binding contract is formed once we issue this confirmation. No other form of advice or information constitutes a binding contract. If war or terrorist activities, threatened or actual, civil unrest, industrial action, threat- ened or actual, weather conditions, fire, flood, drought, airport regulations and closures, unforeseen alterations to public transport schedules and rescheduling of aircraft or any other event outside the control of the Company either delays or extends the holiday or compels a change in the holiday arrangements, the Company cannot accept liability for any resulting loss, damage or expense. 2. Who can book holidays with High Point Holidays? Only adults aged 18 years or more are able to book a holiday. There must be at least one adult (18 years +) travelling on any one booking, who is legally responsible for each per- son under 18 years of age. Anyone 70 or over will need to provide confirmation from their doctor that they are medically fit to join our holidays for safety and insurance reasons. 3. Prices The prices of holidays are shown in pounds sterling and euros. The services included in this price are indicated on our website and brochure. These prices are correct at the time of publication. We reserve the right to change our prices during the course of the year. We will notify interested parties via our newsletter and e-mails. Once a booking has been confirmed in writing, the price agreed for that holiday will not be subject to change and no surcharges will be levied (even if there is a change in prices for subsequent clients.) 4. Single travellers There are no single supplements on our guided walking holidays provided that, single travellers accept to share twin rooms with other same sex clients. You may, of course pay an additional fee in order to have a room to yourself. Please contact us for a quotation. The prices quoted for unguided walks are based on a party of two persons. If you wish to go on an unguided walking holiday alone, a single supplement will be payable. 5. Deposits UK Customers: A deposit of £150 per person is payable with your booking. Cheques should be made payable to “High Point Holidays.” Alternatively, you can pay by bank transfer. We will provide you with the details to be able to do this online or at your bank. Non-UK Customers (or UK customers with a Euro account): Customers from outside the UK have the opportunity to pay in euros (or in pounds sterling as described for UK custom- ers above.) For payment in euros a deposit of 150€ per person must be paid at the time of booking. You can pay via cheque (only with a euro cheque book), via bank transfer or by secure card payment online via our sister company in France “Randonnées Outre- Manche”. Customer’s booking and contract is still with High Point Holidays for those customers who pay in euros to our sister company, Randonnées Outre-Manche. 6. Security of deposits All payments will be protected against our insolvency in conformity with the Package Travel Regulations 1992. 7. Balance of payments due The balance of the holiday is payable 8 weeks prior to the start of your holiday. This date will be shown on your invoice, which will be sent to you to confirm your booking. If you are making a booking within 8 weeks of the first day of the holiday, the full payment must be made with the booking. A single payment should be made in the event of there being more than one person in the party. Payment should be made by cheque payable to “High Point Holidays,” or by bank transfer. If we have not received all payments due by the dates specified in the invoice, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges indicated in point 8 apply. Any demand for us to accept late payments, will be assessed on a case by case basis, not withstanding the point made previously. 8. Amendments and Cancellations made by you. After acceptance of the booking, if the customer alters the confirmed arrangements, we will try and accommodate the amendments without further charge, where this is possible. A £50 fee may be levied on some of our independent walking holidays to cover costs incurred. If such additional holiday payments are due, we will inform you in writing of the amendments to the contract between us and you and payments will be in conformity with point 7. In addition, if the alteration is within 8 weeks of the original departure date, the cancellation charges in clause 4 may be applied. If the customer cancels the arrangement after the booking is accepted or the booking is cancelled by us due to non-payment, cancellation charges will be calculated from the date of receipt of cancellation. Cancella- tions must be made in writing. E-mails are accepted. The cancellation charges that apply are as follows: More than 42 days before departure - the deposit. 42 – 28 days before departure - 40% of holiday cost. 21 - 8 days before departure - 70% of holiday cost. Less than 8 days before departure - 100% of the holiday cost. Not withstanding the cancella- tion charges, we reserve the right to re-sell any part of a cancelled holiday. In the case where the cancellation is made more than 42 days before the holiday and only the deposit payment is due as the cancellation charge, then High Point Holidays will consider requests from customers to carry their deposit payment forward to act as the deposit of a future holiday booked with High Point Holidays. In all cases this future holi- day would need to be booked within 12 months of the cancelled holiday. 9. Amendments and Cancellations made by High Point Holidays. Every effort will be made to operate all holidays as advertised but we reserve the right, to modify any holiday, schedule, accommodation or arrangement at any time and we will inform you of the change as soon as possible. In the case of any material modification we will, if possible, offer alternative arrangements or, if these are not acceptable, a full refund of the monies paid. The customer shall not be entitled to any further sum by way of compensation, damages or otherwise arising from the cancellation. We will not materially modify or cancel the holiday within eight weeks of the date of departure unless compelled to do so because of circumstances beyond our reasonable 10. Our Liability to the Customer High Point Holidays accepts responsibility should the services which they contract to provide you with are deficient or not of a reasonable standard. The customer must inter- pret the term "reasonable standard” in full knowledge of the specific holiday details. For example some holidays may include accommodation in mountain refuges where very basic accommodation should be expected, and cannot in any way be considered deficient. High Point Holiday accepts liability for the negligent acts and/or omissions of their em- ployees, subcontractors and suppliers insofar as they relate to the holiday booked. The act or omission must be directly relevant to holiday activities or arrangements made by us as part of the package purchased by the customer. High Point Holidays shall not be liable to the customer for any loss, damage or injury which results from the negligent acts of third parties with whom the customer makes individual direct arrangements whether as a result of the Company’s or its representative’s recommendation. High Point Holidays will not be liable for loss or damage to your luggage or personal effects, unless caused by our negligence. Any information or advice provided by High Point Holidays on matters such as climate, clothing, baggage, special equipment etc. is given in good faith but without responsibility on our part, and the passenger accepts responsibility for obtaining any necessary travel documents needed for the trip. 11. Complaints In the event of any dissatisfaction with the accommodation or any other service provided by the Company the matter must be reported immediately to us so that action can be taken to remedy the problem. Any complaint made to the Company after the holiday should be made in writing within 15 days of return. If a complaint cannot be amicably settled, it may be referred for resolution to the arbitration scheme devised for the travel industry by the Chartered Institute of Arbitrators. 12. Risks and behaviour Each customer is conscious that, taking into consideration the nature of some of the holidays, there will be certain risks inherent in their participation, most notably from walking in areas some distance from immediate medical assistance. In addition, when booking holidays, all customers do so in full knowledge (via the website or our brochure) of the type of activity involved in the holiday, the difficulties that may be encountered and the level of fitness and experience required. Customers accept these conditions and risks in booking holidays with us and accept responsibility for their own actions which result in accident or injury or their exclusion from the holiday. We can take no responsi- bility for injury to any person whilst taking part on a High Point holidays trip, unless arising from negligence on our part. In particular: On unguided walks, High Point Holiday accepts no responsibility for an accident resulting from individual imprudence, from errors in navigation, or from a deliberate interruption in progression (notably because of bad weather). On guided holidays, each customer must conform to the safety advice given by the lead- er. High Point Holidays accepts no responsibility for an accident resulting from individual imprudence. High Point Holidays reserves the right to exclude at any moment, and with- out liability or any further contractual obligations, any customer whose actions or behav- iour is likely to put in danger the safety of the group or the well-being of the other cus- tomers. If you are affected by any condition, medical or otherwise, that might affect your or other people's enjoyment of the holiday; you must advise us of this at the time of booking. If a customer is unable to complete an itinerary or the walks selected on a holiday, or does not choose to do so, High Point Holidays is not liable to supply alterna- tive itineraries, accommodation, services or staff for the period when the client is not present with the group. 13. Transfer of Bookings If the customer is prevented from taking his holiday by circumstances such as those which would entitle him to make a valid claim under a conventional insurance policy, then, on giving High Point Holidays at least 21 days notice before departure, he/she shall be enti- tled to transfer his/her booking to another person deemed acceptable to us. In such a case the customer and the transferee shall be jointly and severally liable for all monies due to High Point Holidays including all charges and reasonable fees consequent upon such transfer. 14. Insurance It is a requirement that the customer has adequate travel insurance for our holidays. High Point Holidays has your holiday enjoyment and safety as our number one priority. We recommend travel insurance by a specialist broker. 15. Passports, Visas and Health Requirements The customer is responsible for ensuring that he/she is in possession of a valid passport and all necessary travel and health documents prior to departure. Information on basic passport requirements is provided on our web site and advice on health for travellers is available at post offices or on the Department of Health web site. https://www.nhs.uk/ nhsengland/Healthcareabroad/pages/Healthcareabroad.aspx 16. Brochure and Website Information Our brochure and website contains statements representing its honest belief that the facts as shown are correct. Every reasonable effort has been made to describe fully and as honestly as possible the holidays offered and every reasonable attempt will be made to supply what has been described. We are not responsible for the content, policies and services of any sites linked to or accessible via our website. 67