Your contract is with Option to Travel Limited t/a Odyssey World (‘’Odyssey World’’) c/o Mgb Accountants, Suite 22, Trym Lodge, 1 Henbury Road, Westbury-On-Trym, Bristol, BS9 3HQ, United Kingdom (registered office). Company number 05740446.
These booking conditions and the written information we brought to your attention before we confirmed your booking, sets out the conditions of the contract between you and Odyssey World and our contractual commitments to each other.
It is important that you read the following booking conditions carefully as they are the basis of your contract with Odyssey World and the conditions that will apply to your booking including the re-booking of a holiday by way of a transfer from a previous booking or under a credit note.
Please read them carefully, detach and keep with your travel documents.
DEFINITIONS
- References within the booking conditions to “start date(s)” or ‘’departure date(s)’’ means the date the services we have agreed to provide commence.
- The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
(c) ‘’We ‘’Us’’ and ‘’Our’’ means Odyssey World.
(d) References to “arrangements”, “travel arrangements”, “holiday”, “package”, ‘’trip’’ or “tour” mean the services we have agreed to provide to or provide you with under your booking with us.
YOUR HOLIDAY CONTRACT
1.1 When you make your booking online or via an agent, you agree that you have authority to accept and do accept on behalf of yourself and each person named in your booking, the terms of these Booking Conditions. The person making the booking (“the party leader”) must be at least 18 years of age and authorised to do so by everyone named in the booking and the parent or guardian of anyone under the age of 18 years, at the time of the booking. The party leader on behalf of themselves and each member of the party consents to the use of personal information in accordance with our privacy policy.
1.2 The party leader is responsible for making all payments due to us under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
1.3 A contract will exist as soon as we issue a booking confirmation invoice to the party leader. Before this we may send you an acknowledgement of your booking request. This is to advise you we are dealing with your booking request and is not confirmation of it. The contract is made in the terms of these booking conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so and you are resident in Scotland or Northern Ireland.
1.4 Once you have received your booking confirmation invoice, please check this carefully together with any ATOL certificate and all other documents we have sent to you. If any of the information contained within any of these documents is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes. We cannot accept any liability if we are not notified of any inaccuracies within 7 days of issue of the booking confirmation invoice to you or immediately upon receipt for bookings due to commence within 7 days or less.
1.5 We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so.
1.6 When you book your trip it may not be possible to confirm precise air travel arrangements due to airline booking restrictions. Your confirmation invoice and/or ATOL certificate will set out the arrangements reserved for you and/or any provisional reservations or those arrangements we plan to reserve for you. Some airlines charge for luggage separately and some flights may be indirect. These may also be subject to change by your airline. We may not be able to confirm any specific airline or rail seat numbers and reserve the right to make changes to your flight and/or rail times but will notify you of any such changes as soon as possible.
2. SPECIAL REQUESTS
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking. Depending on the destination and accommodation, twin or double bedrooms or room types cannot be guaranteed, although requests will be noted. Please note that airlines will have their individual policies on managing dietary requirements and we can not be responsible for services provided. Dietary requirements, room location, bedding configurations, or seat requests which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. We recommend that you check directly with the airline that allergies have been recorded once your tickets have been issued. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met.
3. FINANCIAL PROTECTION
3.1 For UK residents who book and pay for their travel arrangement in the UK, we provide financial security for package holidays which include flights, by way of our ATOL, Air Travel Organisers Licence, granted by the Civil Aviation Authority (CAA), CAA House, 45-59 Kingsway, London WC2B 6TE. Our ATOL number is 9353.
3.2 When you buy a flight inclusive trip from us you will receive an ATOL certificate. This lists flights, accommodation, car hire and/or other services that are financially protected, where you can obtain information on what this means for you and who to contact if things go wrong. 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 or the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative 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).
3.3 If we, or the suppliers identified on your ATOL certificate, are unable to provide 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 payment to (or confer a benefit on you) under the ATOL scheme. You must agree that in return for such payment or benefit you must assign absolutely to those trustees any claims which you have or may have arising out of or relating to non-provision of the services, including any claim against us, your travel agent (or your credit card issuer, where applicable). You also agree that any such claim may be reassigned to another body, if that body has paid the sums you have claimed under the ATOL scheme. For further information, visit the ATOL website at www.atol.org.uk
3.4 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 holidays or travel services offered and sold by us will be protected by the ATOL scheme. Please ask us to confirm what protection may apply to your booking. ATOL is primarily for customers who book and pay in the United Kingdom.
3.5 For UK residents who book and pay for their travel arrangement in the UK, we provide financial security for our non-flight package holidays by way of an insurance policy provided by IPP (International Passenger Protection). For further details or in the event of a claim please contact IPP Claims at Sedgwick, 14-16 Park Place, Cardiff CF10 3DQ. Email ippclaims@uk.sedgwick.com. Or telephone on +44 (0)345 266 1872. www.ipp.london.co.uk/claims.asp for online reporting.
3.6 To confirm whether your proposed travel arrangement is financially protected, please check with us prior to booking.
- HOLIDAY PRICE
4.1 We reserve the right to alter the prices of any our holidays. You will be advised of the current price of the holiday you wish to book before your booking is confirmed.
4.2 Unless stated otherwise, the price of your holiday includes each and all of the component parts described in your booking confirmation invoice and is charged and payable in pounds sterling.
4.3 Not included in the price of your holiday is travel insurance, excess baggage charges, tipping and any food or drink or additional excursions or activities which are not confirmed as being part of your holiday.
4.4 When you make your booking request, you are required to pay a deposit, which will usually be 25% of the cost of the holiday per person for land arrangements bookings plus payment of the full cost of any flights. For trips commencing 10 weeks or less from the date of the booking request payment in full is required at the time of booking. Some trips may attract a higher deposit and you will be notified of this at the time of your booking request, along with any other additional payments which may be required before your final payment.
4.5 If your completed booking form and deposit is not received by the date specified, we reserve the right to cancel your booking and retain any part deposit payments made without further reference to you. As significant time and planning goes into designing, securing and reserving your tailor made travel arrangements in advance, deposits are non-refundable. As each holiday is tailor made and reserved individually with specific providers, deposits may not be transferred to a different destination.
4.6 All prices shown are per person and based on two people sharing a twin or double room, unless otherwise specified. Any balance of the price of your travel arrangements must be paid by the date shown in your booking confirmation invoice which will usually be 10 weeks before the tour start date. If the deposit and/or the balance is not paid in time we may cancel your travel arrangements. If the balance is not paid in time, we shall retain any sum already paid in accordance with the charges applied in our cancellation policy.
4.7 For bookings which include flights, at the time of booking you must provide us with a photocopy of the photo page of each passport of passengers booking flights.
4.8 Changes in the cost of the following mean that the price of your travel arrangement may change after you have booked. However, there will be no change within 20 days of your departure date:-
- The price of transportation resulting from the cost of fuel or other power sources;
- The level of taxes or fees applicable to the tour imposed by third parties not directly involved in the performance of your tour, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- The exchange rates relevant to your tour.
You may be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed tour (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) accepting a change to another tour if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your tour booking 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 which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your amended invoice.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
- FLIGHTS
In order to offer the best available air fares at the time of booking, it may be necessary to pay in full for the flight element of your holiday. All passengers have booked flights through us must send a copy of the photo page of your passport to ensure correct details are recorded. You will be responsible for any charges imposed by the airline for a change of details (name, date of birth, gender) after your booking has been confirmed. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Changes and cancellations will be bound by the individual terms of the purchased ticket and airline policy. We will make any special requests with the airlines provided upon booking, but please note that seat reservations cannot be guaranteed and should be purchased directly from the airline. Most airlines now charge for pre-reserving seats in any cabin class. Upon full payment of your holiday, you can request your booking confirmation to make any incidental requests directly with the airline.
6. IF YOU CHANGE YOUR BOOKING
6.1 If, after we have issued a booking confirmation invoice to you, you wish to change your travel arrangements, we will do our best to make these changes, although it may not always be possible to do so. Your request to change your booking must be made in writing by the party leader and sent directly to your travel specialist or to us at enquiries@odyssey-world.co.uk. Any request received in writing by 16.30 hours GMT Monday to Friday will be treated by us as being received that day. Any request received by us after 16.30 hours GMT or at a weekend or public holiday will be treated as having been received the next working day. You may be asked to pay an administration charge of £50.00 per person and any further costs we may incur in making this alteration and which may include any supplier amendment fees. When changing your travel arrangements, the price will be based on the price applied on the date you make the change. The price may not be the same as when you first made your booking.
6.2 If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the following conditions:
- That person is introduced by you and satisfies each and all of the conditions applicable to the holiday booked, including having all relevant visas and insurance required for the trip prior to its commencement;
- We are notified in writing of the request for transfer not later than 14 days before departure;
- If you are required to do so, pay the outstanding balance payment, and an amendment fee of £50.00 per person transferring, as well as any additional fees, charges and other costs arising from the transfer;
- The transferee agrees to these booking conditions, and all of the terms of the Contract between us.
6.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 8.2 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
6.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced or withdrawn.
6.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra.
6.6 Transferring a booking will be subject to the availability of all travel arrangements including flights, ground transportation, permits, entry tickets and services required for the trip and cannot be guaranteed.The transfer may be subject to additional costs for any services that have already been purchased in the original name.
6.7 Please be aware that scheduled airlines may not allow name changes within certain periods prior to departure and may not allow these after the flight ticket has been issued. If you wish to make a name change for any flights you have booked and this is not permitted by your airline, it may be necessary to cancel your flight, lose the money paid in respect of that flight and pay the full cost of another flight (if available) and which may not be the same flight or at the same cost as the one you have cancelled.
- CURTAILMENT
If, after the commencement of your holiday, you or any member of your group cuts short or curtails it, we cannot refund the cost of any unused elements and will have no liability to you, or any member of your group to do so.
8. IF YOU CANCEL YOUR BOOKING
8.1 If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by us at enquiries@odyssey-world.co.uk in accordance with clause 6.1 above. If you, or any member of your party cancel the booking no refund of monies paid will be made other than in accordance with clause 8.2 below.
8.2 As we may have incurred costs in relation to the cancelled booking (including, without limitation, charges which are imposed on us by suppliers) you will be charged a cancellation fee which reflects the losses and costs which we incur in cancelling the booking as follows:-
| Time We Receive Your
Notice to Cancel Before
Departure |
Cancellation Charge |
| 56 days or more |
Loss of Deposit plus any non-refundable payments ie flights, cruises, permits and excursion bookings |
| Less than 56 days |
100% of the tour cost |
8.3 Please note that certain travel arrangements may not be amended after they have been booked and any alteration or cancellation of the booking may incur cancellation charges of up to 100% of that part of the travel arrangement in addition to the cancellation charges set out above.
8.4 If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation and it may increase the per person price of the holiday for those still travelling. For example, you may have to pay single or under occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.
8.5 You have the right to cancel your tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your tour destination or its immediate vicinity and these circumstances significantly affect the performance of the tour or significantly affect transport arrangements to the 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 compensation. Please note that your right to cancel in these circumstances will only apply where the UK Foreign and Commonwealth Office advice against travel to your destination or its immediate vicinity at or 14 days before departure and has changed after the date you booked your holiday. Advice can change and cancellation by you unsupported by such advice, or as a result of a disinclination to travel, may result in cancellation charges being applied and these can be up to 100% of the cost of your holiday.
8.6 For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” 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 floods, earthquakes or weather conditions.
9. IF WE CHANGE OR CANCEL YOUR BOOKING
9.1 Once your booking has been confirmed we will make every effort to provide you with the booked travel arrangements. Occasionally, it may be necessary to amend or cancel whole or part of your tour.
We will notify you of any alteration or cancellation as soon as we reasonably can.
9.2 Independent travel arrangements (eg, flights, airport parking, car hire, excursions etc) that you may arrange separately do not form part of our contract with you. Should we need to make changes to your travel arrangements, we will not liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.
9.3 If, before the start of your trip, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your trip, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative trip with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you, less any charitable donations made by you or ‘Make a Difference’ contributions. Examples of a significant change may include the following when made before departure; a change of flight time by more than 12 hours, a change of international airport (save of airports serving the same city and save for London and other regional airports including – Heathrow, Gatwick, Stansted, Luton (London). Liverpool and Manchester, Manchester and Birmingham, Leeds and Newcastle, Cardiff and Bristol, Glasgow and Edinburgh (regional). These will be regarded as a minor change)
Please note that the above options are not available where any change made is a minor one.
9.4 If we make a significant change or cancel less than 14 weeks before departure (other than reason of non-payment of travel arrangements by you, events beyond our control (paragraph 10 below) or minimum group size numbers not being reached (paragraph 12 below), we will also pay you compensation as detailed below.-
| Period of Notice We Give to You Before Departure |
Compensation
per Person |
| 100+ Days |
£10 |
| 100 – 30 Days |
£20 |
| Less than 30 Days |
£30 |
You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund.
If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above.
If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.
9.5 Please note that the compensation referred to at 9.4 above and the options referred to at paragraph 9.3 above do not apply to any minor changes made by us. Minor changes may include (but are not limited to) a change to routes, itinerary or transportation which do not materially affect the holiday. Or of accommodation to one of an equivalent or higher standard.
- EVENTS BEYOND OUR CONTROL
Please note that compensation will not be payable and we will accept no liability beyond offering you the options above where:-
- we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or
- we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section (12) of these booking conditions; or
- we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or
- we make a significant change or cancel your arrangements more than 14 weeks before departure; or
- where the change or cancellation by us arises out of alterations to the confirmed booking
- POST DEPARTURE CHANGES
11.1 If we are unable to provide a significant proportion of the services that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge and if appropriate in all the circumstances we will pay you reasonable compensation.
11.2 A change of accommodation to an equivalent or higher standard is not regarded as significant nor are alterations to your itinerary or route which do not materially affect your tour.
- MINIMUM NUMBERS
Some of the travel arrangements we provide can only be operated if there is sufficient demand for the same and a sufficient number of people book these trips. If there is insufficient demand on subsequent confirmed bookings, we have the right to cancel the travel arrangements in question. If we have to do so, we will notify you as soon as possible. In this situation, you will then have the choice of accepting an alternative travel arrangement of equivalent or closely similar standard, if available. The cost of any alternative trip offer will be our selling price at the time of change. If the alternative is cheaper, we will refund you the difference. If the alternative is more expensive, you have the option to pay the difference. If you do not wish to take the alternative we offer you, you can choose to cancel your tour and receive a full refund of any monies you have paid to us. When we cancel for lack of numbers in accordance with this paragraph no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable. In the unlikely event that we do need to cancel your tour for the reason of lack of numbers, we will not do so less than 20 days before your arrival date if the tour is for more than 6 days. In the case of tours lasting between 2 and 6 days we will not cancel the package less than 7 days before the start of the package.in the case of trips lasting less than 2 days we will give you at least 48 hours notice of any cancellation.
13. OUR LIABILITY TO YOU
13.1 We agree to perform and provide the travel arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your tour. We will not be liable for any failure in the performance of the contract with you if this is due to:-
- The fault of yourself and/or another member of your party;
- A third party unconnected with the provision of the travel arrangements and where failure is unforeseeable or unavoidable,
- Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised;
- An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled
13.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to three times the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to:-
- the contractual terms of the suppliers we use in the provision of your holiday arrangements form part of your contract with us.
- Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail, and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers, and loss, damage and delay to luggage.
13.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your tour and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you.
13.4 You must inform us in writing, without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of a travel service included in your package travel contract and in any event no later than 28 days after the end of your tour.
13.5 If we are found liable for loss and/or damage to your luggage or personal possessions (including money) our maximum liability to you is limited to £1,000 per person unless a lower limitation applies under this contract or by virtue of international conventions.
13.6 When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider, accommodation supplier, travel insurer or any other supplier for the complaint or claim in question.
13.7 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
13.8 Please note, we do not 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 we could not have foreseen you would suffer or incur and/or (b) which relates to any business.
14. ASSISTANCE BY US DURING THE COURSE OF YOUR TOUR
If your contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of travel services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances. If you or any member of your party suffers during the course of your holiday any difficulty as a result of any activity which does not form part of your contracted holiday arrangements, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative travel arrangements at your own cost. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party you must repay us the costs and expenses we have incurred in assisting you. Any request for amendment, change or addition to your booking after it has commenced will require pre-payment from you before services can be secured.
- PASSPORT, VISA, DOCUMENTATION, IMMIGRATION AND HEALTH
15.1 The passport and visa requirements of yourself and your party, together with any other immigration requirements, are your responsibility for all destinations you will be visiting or transiting through and you should check these with the relevant embassies and/or consulates prior to travel before you book. Please note that some of tours require an advance visa which can take several months to obtain. You will need to allow sufficient time to do so. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to and at the time of travel. If you are unable to travel or participate in the tour, or any part of the tour as a result of not having the required passport, visas and/or documentation and/or permits or have provided us with incorrect information or documentation and/or have failed to provide to us with such information or documentation or copies of these by the time and date notified by us to you, we will have no liability to you. If, as a result, we cancel your tour, the cancellation charges at Section 8.2 of these booking conditions will apply. Please note that any guidance we provide is only provided for UK Passport holders and the responsibility for ensuring that you have the correct travel documentation remains yours. If members of your party travel under a different passport nationality, you must check individual entry and visa requirements with the relevant consulate.
15.2 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation for all destinations you are visiting or transiting through. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.
15.3 You must provide us with full details of any existing medical condition, allergy or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking and of any change in your medical condition between booking and departure. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem including any allergies and dietary requirements or disability, we can also cancel the booking when we find out full details if in our reasonable opinion, the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, the cancellation charges set out in Clause 8.2 above will apply.
15.4 Information on foreign travel is provided and regularly updated by the Foreign and Commonwealth Office. Details can be found at www.qov.uk/foreiqn-travel-advice and www.gov.uk/knowbeforevougo
15.5 If we are required or asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
- HEALTH & FITNESS
16.1 Activities within our trips may require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any activity you choose to participate in. If you are in any doubt, please consult your GP before departure. We, and those retained by us, to supervise any activities, retain the discretion at any time to decline to allow you and/or members of your group to participate in any activity, if we reasonably believe that in the interests of your health, you should not do so. In such circumstances, we shall not be liable for any losses or compensation arising.
16.2 You must provide us with full details of any existing medical or physical problems (including unusual height or weight), allergy or disability that may apply to you or any member of your group and which is likely to affect your ability to take part in some or all of the activities forming part of your tour (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If, in our reasonable opinion, any particular activities or arrangements are not suitable for the medical or physical problems or disability or you are not travelling with someone who can provide all the assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall not be liable for any losses or compensation arising.
16.3 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to any existing medical or physical problem or disability and/or any new medical or physical problem or disability that arises after booking then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out at Section 8.2 must be paid by the person concerned
17. INSURANCE
17.1 Unless agreed with us in writing prior to booking, you must take out suitable comprehensive insurance which includes adequate medical cover, repatriation, cancellation and curtailment and includes the destination of your holiday, for all countries you will be visiting or transiting through, for all activities you will or may be participating in and for all your needs before you travel. It is a condition of this contract that you or members of your party do so. Failure by you to comply with this condition may result in your booking being cancelled and the cancellation charges at paragraph 8.2 applying. We cannot be held responsible for any costs you may incur as a result of failing to do so.
17.2 If requested, you must provide us with the name of your insurer, policy number and 24 hour emergency help line number before you travel at least 28 days prior to departure.
17.3 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.
18. YOUR RESPONSIBILITY AND BEHAVIOUR WHILST ON TOUR
18.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your trip. Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.
18.2 You are also responsible for the behaviour of yourself and other members of your party. During the course of the holiday you must follow all instructions, directions and security protocols given to you by us, our representatives, suppliers and staff. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your travel arrangements if your or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will have no further responsibility for you or any other member of your party (including any return travel arrangements). If your unacceptable behaviour means that you are not able to board your flights, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation charges referred to in Clause 8.2 above.
19. EXCURSIONS, TOURS AND OTHER ACTIVITIES
Excursions, tours or other activities that you book or pay for whilst you are on trip do not form part of the travel arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.
20. LOCAL CHARGES & TOURIST TAXES
Unless we have stated that a local service or facility is included or free in our accommodation or tour description, you may be asked to pay a charge locally, for example, local tourist tax, room services. Tourist taxes may be payable by you when you check out of your tour accommodation. We will endeavour to notify you of all costs and charges associated with your holiday at the time of your booking request.
- ACCOMMODATION RATINGS & LOCAL HEALTH & SAFETY STANDARDS
You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower. In making your booking request you do so with the understanding and accepting that these standards, particularly in the developing world will often be lower than those of the United Kingdom.
- OUR WEBSITE, BROCHURE AND ADVERTISING
The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur and information may change and you must therefore check all the details of your travel arrangements at the time of booking
23. DENIED BOARDING REGULATIONS AND TRANSPORT DELAYS
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – The Denied Boarding Regulations 2004 (as amended by The Passenger Rights and Air Travel Organisers Licensing (Amended) (EU Exit) Regulations 2019) you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements event where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 0330 022 1500 www.caa.co.uk
Unfortunately, flight or other transport delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the carrier concerned should provide refreshments when and where appropriate. We are generally not in a position to provide any assistance in the vent of flight or other transportation delays and cannot accept liability except where expressly stated in these booking conditions.
- DELAYED RETURN
In accordance with The Package Travel and Linked Travel Arrangements Regulations 2018, where it is impossible for you to return to your original departure point on the return date of your package due to ‘unavoidable and extraordinary circumstances’, we shall provide you with necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the package. For the purposes of this clause, examples of ‘unavoidable and extraordinary circumstances’ include warfare, acts of terrorism, significant risk to human health such as the outbreak of serious disease at the destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
The limitation of costs for 3 night’s accommodation referred to above does not apply to persons with reduced mobility as defined by Article 2 of Regulation (EC) 1107/2006 and does not apply to persons of reduced mobility travelling by air and any other person accompanying them, pregnant women and unaccompanied minors as well as persons in need of specific medical assistance, provided that you have notified us of these needs at least 48 hours prior to original departure.
- IF YOU HAVE A COMPLAINT
In the unlikely event that you have cause to complain during the course of your travel arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your travel arrangements with us by us at emailing at enquiries@odyssey-world.co.uk . You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability.
In accordance with the Alternative Dispute Resolutions for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (“the ADR Directive”) we advise that Odyssey World does not utilise the services of an approved Dispute Resolution Service for the purposes of complaints.
- DATA PROTECTION
In order to process your booking and to make sure that your tour arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as airlines, transfer companies, hotels, our ground handling agents and local visa authorities etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where your tour is outside the European Economic Area (ELEA), controls on data protection in your destination country may not be as strong as they are in the UK. However, we will not pass your information on to any person who is not responsible for part of your tour arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. Your data controller is Option to Travel Ltd.
Please refer to our privacy policy which forms part of these booking conditions.
YOUR KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018
Therefore, you will benefit from all EU rights applying to the packages. Option to Travel Limited will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Option to Travel Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
KEY RIGHTS UNDER THE PACKAGE TRAVEL
AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Option to Travel Limited has taken out insolvency protection with the following entities:
– For flight inclusive tours: Civil Aviation Authority, 45-59 Kingsway, London, WC2B 6TE, www.caa.co.uk, telephone 0330 103 6350, email claims@caa.co.uk
– For non-flight package tours : IPP Claims at Sedgwick, 14-16 Park Place, Cardiff CF10 3DQ. Email ippclaims@uk.sedgwick.com. Or telephone on +44 (0)345 266 1872.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here:
https://www.legislation.gov.uk/ukdsi/2018/634/contents/made
