Booking conditions for holidays booked with
Footloose Adventure Travel
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Booking Procedure: A booking for a trip with Footloose Travel Limited (Trading as Footloose Adventure Travel or Footloose and referred to as "we or us") or with a specified other company can be made by first checking price and availability with us and then sending a signed booking form and a deposit, with the insurance premium if applicable to the address shown below. The term "you or your" refers to the person making the booking. The person making the booking (the "lead" name) must be at least 18 years old and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. The booking is only accepted on and subject to these conditions. You must send a deposit in the form of £200 or 10% of the total price, which ever is greater, with the insurance premium if applicable. Cheques must be payable to Footloose Travel Trust. A booking is accepted by us subject to the terms and conditions of these booking conditions on receipt of the booking form and deposit at which point your booking will be confirmed by a confirmation receipt and an invoice for the final balance will be issued. The balance is due nine weeks before departure. Full payment is required for a booking made less than ten weeks before departure. Payment can be accepted by credit card, but for final balances a 2.0% surcharge is added. This is the charge made to merchants by the credit card companies. If the balance is not paid at the specified time, unless previously arranged with us in writing, we reserve the right to cancel the booking. Agency booking: We also act as agents for other companies. If the booking is with another company, this will be specified and the booking conditions of that company will apply and your contract will be with that company. Flights will be booked with an Air Tour Operators Licence (ATOL)
holder for whom we act as agents, and flight bookings are subject
to their booking conditions. When a flight booking has been accepted
by us, we shall issue to you an ATOL Receipt which confirms that
the money Fares for flights can only be guaranteed by full payment. A deposit will secure the booking but the cost may rise. Some special fares require full payment at the time of booking. Price: The price includes all services specified in the itinerary. Unless specifically included, it does not include: International flights, Visa and passport charges, Airport taxes, Insurance, Meals and services not included in the itinerary, Expenses of a personal nature, Insurance, Emergency costs, Excess baggage charges. A group discount is given on the condition that all invoicing and payment is through the group leader. An administrative charge of £25 will be made for individual payments. Surcharges: Acceptance of your deposit and issue of our insurance
is subject to our right to increase the trip prices. You have the
right to withdraw from the booking at this stage if the increase
in price is more than 10% and you do not accept the price revision.
The contract will be varied when you have accepted or not objected
to any price revision and we have issued a confirmation invoice.
Financial Security: All money paid to us is deposited directly
in a Trust Account administered by an independent trustee. Payment
can only be released to us when you have completed your trip. This
fully complies with all EU regulations. Payments for trips booked
by us acting as agent are secured by the bonding arrangements of
the operating company. All trips which include a flight are protected
by our Air Tour Operators Licence T7121. Alterations by you: Any special requirements should be notified at the time of booking. Alterations after booking are sometimes possible, but note that there is an administration charge of £50 for this service. Cancellation by us: We reserve the right to cancel the trip for reasons beyond our control. A full refund will be made but we accept no responsibility for further compensation. If such cancellation is due to 'force majeure' (inclusive of war, civil or political unrest and natural disasters) reasonable expenses we have incurred will be deductible from any refund. Any compensation and refund is strictly limited to monies paid to us. We are not liable for any other expense (including flight costs) you have incurred as a result of your booking. If you do not pay the balance of your holiday costs by the due date of 8 weeks before departure your booking will be terminated and you will lose your deposit.
Insurance: It is a condition of booking that you are adequately insured and provide us with a copy of your insurance policy. It is essential that your insurance company should be aware of the type of trip you are undertaking. Insurance must cover you fully against repatriation costs should you become too ill to continue with the tour and it is essential that you are covered for evacuation of yourself from remote regions, should the need arise. Insurance companies will not refund premiums. Final documents cannot be issued until details are provided. We strongly advise that insurance is taken out at the time of booking to cover any cancellation charges. Passports, Visas and certificates: We will give general advice on passport and visa requirements, but it is your responsibility to ensure that you meet all official requirements for the trip. Most countries beyond Europe require passports to be valid at least six months after entry. Be sure that the name given to us for tickets etc is the same as on your passport. Any information or advice provided by us on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc, is given in good faith but without responsibility on our part. It is your responsibility to check with your doctor at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Accommodation: Our aim, wherever possible, is to use accommodation that is in keeping with the area that we visit, local in character, and generally locally-owned. In many countries Health and Safety regulations are not up to the standards in the EU, Australasia or North America and because of this care may need to be taken to familiarise yourselves with the general layout of the accommodation so as to become aware of any specific risks or lack of safety features. This can be particularly important where the accommodation includes a swimming pool, as signs and other safety features may not be of resort standard, and service, although friendly, may not be polished and professional. If you choose to travel on this type of holiday you must accept that this is all part of the experience. Transport: In many countries that we visit, transport facilities, regulations and health and safety precautions are not up to the standard of the EU, Australasia or North America. Where this is the case we attempt to ensure that all our transport complies with local regulations and standards, but we cannot guarantee the same standard as in the EU. If you choose to travel to these destinations, you must be prepared to accept the standard of transport that is available in the area. In accordance with EU Directive (EC) No 2111/2005, Article 9,, we are required to bring to your attention the existence of a 'community list' which contains details of air details of air carriers that are subject to an operating ban within the EU. The list is available for inspection at www.air-ban.europa.eu Unused Accommodation and Services: The cost of the trip includes accommodation and services as specified. Refunds cannot be made for any of these which are not used for whatever reason. Behaviour: The trip leader, guide or local ground operator who represents us has overriding authority on our holidays. It is essential that the instructions of the trip leader / guide are followed at all times for the safety and well being of individuals and of the group. You agree to comply with such instruction by acceptance of these booking conditions. We reserve the right to require any person to withdraw from the trip if their behaviour is deemed offensive, dangerous or incompatible with the conduct of others, and we shall be under no further liability to any such person. Health: We will give general advice on health matters before the trip, but you are advised to consult your doctor for specific advice. Depending on your trip, parts maybe strenuous and it is your responsibility to be adequately fit. During the trip a basic first aid kit will be carried but the leader / guide is not medically qualified and any treatment will be only with your consent. Be sure that you carry any specific personal medication. Adventurous Travel: On many of our holidays the areas are remote, the lifestyle is very different and events much less predictable than on a conventional holiday. Health, safety and operational standards - particularly of hotels, transport and airlines - are often not up to Western levels. However good our organisation is, we are at the mercy of the unexpected, and this type of trip can never be entirely cut-and-dried. Because these are not ordinary package holidays, the outline itineraries given are statements of intent rather than promises. Local weather, politics, airlines, transport or a host of other uncontrollable factors can mean a change in itinerary or means of transport. It is unlikely that the itinerary would be substantially altered, but if changes are necessary the leader will decide the best alternative, after consultation with you. Where a delay or change does occur, we will do everything we can to minimise its effects, but we cannot be held responsible for the results of delays or changes outside our control. Crime and other security risks exist in practically all countries, whether it is the USA or India. Travelling on an organised trip is a safeguard, but not a guarantee. Though we will take all reasonable care of you, we cannot do this adequately if you do not at all times take sensible precautions yourself. Travel Advice: We liaise closely with the UK Foreign & Commonwealth Office (FCO), whose travel advice we follow closely. Sometimes tough decisions have to be made to abort a tour at the last minute or to re-route an itinerary part way through. Occasionally we will pre-empt the FCO and decide to leave a region based on feedback from our local agents on the ground. For up-to-date FCO advice on all the countries we travel to, please visit http://www.fco.gov.uk/en/ Altitude: Some of our trips go to high altitudes (3000m and above)
where there is a risk of you being affected by Acute Mountain Sickness
(AMS). In order to prevent this, our itineraries are designed to
help enable everyone to acclimatise to these altitudes, but you
should be aware that it is still possible for you to be affected.
Although rare, a number of medical conditions can also reduce your
body's ability to acclimatise, and thus will affect your performance
at altitude and make you more susceptible to AMS. If you are worried
about any pre-existing medical condition, or unsure of your own
physical ability, we recommend that you seek medical advice prior
to booking. More details on altitude problems on specific itineraries
will be supplied In any event, you are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by us or our employees or suppliers. Except in instances of personal injury or death, where we are found to be liable for damages in respect of our failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally, but not necessarily, be limited to three times the basic holiday price shown on the invoice. Where any claim for damages is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by air, sea or rail, or hotel accommodation, any compensation payable will be limited. The maximum amount of compensation we will have to pay you for that claim or that part of a claim is we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (which includes, without limitation, the Warsaw Convention as amended, the Montreal Convention 1999 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), Geneva Convention 1973 (road) and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. You acknowledge that all of these terms and conditions form part of your contract with us and that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Copies of the conditions of carriage and any conventions which may apply are available on request. Any independent arrangements that you make which are not part of the holiday are entirely at your own risk. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines' conditions or carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. Sea Travel Conditions of Carriage & International Conventions: In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carrier's conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (1) in the case of apparent damage, before you disembark from the ship or the baggage is redelivered to you; or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. The Athens Convention, and the carriers' conditions of carriage, may limit or exclude liability for death or personal injury, or loss of or damage to luggage and make special provisions for valuables. Air carrier liability for passengers and their baggage: This is a notice required by European Community Regulation (EC) No 889.2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this notice. Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to approximately £80,000, the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by providing that it was not negligent or otherwise at fault. Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000. Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measure to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to approximately £3,300. Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measure to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to approximately £800. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to approximately £800. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the ~Community by Regulation SP. (EC) no.2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us. Please check with the airline regarding luggage allowance limits. If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from your GP. Flights: All flights are with airlines on scheduled services and are covered by their own conditions. We can accept no responsibility for any delay, cancellation or loss associated with these flights. Complaints: In the unlikely event of you being dissatisfied with any aspect of the trip, the matter should be raised with the leader / guide as soon as possible. Matters can usually be put right on the spot. Failure to do this will adversely affect any claim at a later date. In the event of continuing dissatisfaction, the complaint should be made to us, in writing, within 14 days of your return. We will investigate fully and report back to you as soon as possible. We agree to independent arbitration should this become necessary. Personal Data: To ensure that you holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements etc. We will apply appropriate security measure to protect this data. However, we must pass it to suppliers of your travel arrangements including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If you holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this. Footloose is registered with the Data Protection Agency Booking Conditions: By booking a trip and paying a deposit you are accepting our terms and conditions as described in the booking conditions. The booking conditions may only be waived by a director of the company and in writing. On acceptance of your booking we agree to carry out our obligations to you as defined in our trip itinerary. These conditions are subject to and shall be construed according to English law.
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