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Please read these booking conditions carefully.
Your contract is with KOOTCH Adventure Ltd, trading as KOOTCH Adventure Travel (hereinafter referred to as 'the Company' or 'we') and subject to the following conditions:
Contract
The contract is between the Company and the client, being any person travelling or intending to travel on a tour operated by the Company.The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English Courts. No employee of the Company other than a director has authority to vary or omit any of these terms or promise any discount or refund.
When you make a booking and we accept it, a legally binding contract is made. In order to confirm your booking you must send us your completed booking form and a deposit of ?200 per person (or full payment if booking within 8 weeks of the start of tour). The balance of the price of your travel arrangements must be paid at least 8 weeks before the start date of your trip. Should the balance not be paid by the due date, we reserve the right to cancel the booking and retain the deposit paid or apply the cancellation charges outlined in the table below.
Unless otherwise stated, all group tours are guaranteed to operate, once the minimum group size is reached.
You must check that your chosen trip has reached the minimum numbers required and is guaranteed to run before paying for your airline tickets. Check with the KOOTCH office or check the trip status on the website. We cannot be held liable for any losses incurred relating to any flight booking or any other related costs, in cases where we cancel the trip you have booked.
Clients booking by telephone, on the website, by e-mail or fax will be deemed to have agreed to the following conditions:
- They have read and accepted our Terms and Conditions and general information pages, contained on our website.
- They appreciate, on behalf of all the people included in their booking, the risks involved in adventure travel.
- They or anyone else on their booking does not suffer (or has ever suffered) from any pre-existing medical condition which may prevent them from actively participating in the tour.
- The person signing, or being deemed to sign, the attached booking form (which incorporates these terms) warrants that s/he has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions.
- The information given by you on the booking form is complete and true.
A binding contract comes into existence between the Company and the person(s) on whose behalf the booking may have been made (the clients) when we issue our confirmation invoice.
We or our agents reserve the right to decline any booking at our discretion.
Prices
The prices advertised are calculated, initially at the time of planning the tour and subsequently during our reviews in the autumn of each year. They are calculated on the basis of the known costs and exchange rates at the time. We reserve the right to alter the prices of any of the tours shown on our website (prices are correct at the time of publication). You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
Cancellation by You
You, or any member of your party, may cancel the booking at any time. Written notification must be received at our offices. Following cancellation charges as shown below will be applicable:
Cancellation Charges
| Period before start of tour during which cancellation notice is received |
Charges |
| More than 56 days before start of tour |
The deposit |
| Between 43 and 56 days |
40% of trip cost |
| Between 29 and 42 days |
60% of trip cost |
| Between 15 and 28 days |
80% of trip cost |
| 14 days or less before start of tour |
100% of trip cost |
In addition to the above charges, it may be necessary to add under-occupancy or single room supplements to other members of a group when a member or members of that group cancel.
Important
The periods above refer to the date we receive your cancellation notice in writing at our offices.
We strongly recommend that you take out insurance which includes cover against the loss of deposit or cancellation charges.
If You Alter Your Booking
An administration fee of £50 plus any further costs incurred will be charged if you wish to make changes to your travel arrangements after the booking has been confirmed. Any request for changes must be made in writing by the person who made the booking. Costs incurred in changing a booking could increase the closer to the start date they are made and you should therefore contact us as soon as possible.
If You Transfer to Another Trip
If after our confirmation invoice has been issued, you wish to transfer to another holiday, we will do our utmost to arrange this but it may not always be possible. Any such request must be made in writing by the person who made the booking. You will be asked to pay an administration charge of ?50, plus any further costs we incur in making this alteration. You should be aware that costs incurred in transferring a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible. You cannot transfer your holiday later than 8 weeks prior to start date. Any request to transfer your booking received within 8 weeks of the start date will be treated as a cancellation and subject to the charges shown in the table above.
If We Alter the Trip
It is in the nature of a holiday of this kind that arrangements and participants have to be flexible. The daily itinerary and final objective of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our advertised holidays that you accept this flexibility. It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor, for example change of accommodation to another of the same standard. In the case of such changes there is no entitlement to cancel without penalty.
We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular tour is not reached, we may have to cancel your trip. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure, inadequate insurance cover or failure by you to pay the final balance. (For this reason we strongly advise you not to incur any non-refundable incidental expenses, e.g. flights, before we have sent you final confirmation of your itinerary). If we cancel your travel arrangements for reasons other than the above, we will offer you compensation as set out in the table below. If we are unable to provide the booked travel arrangements, you can either have a full refund or accept an offer of alternative travel arrangements of comparable standard from us, if available. In the unlikely case of having to change or terminate your holiday after departure but before the scheduled end due to unforeseeable reasons outside of our suppliers' control, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
Force Majeure
It is in the nature of a holiday of this kind that arrangements and participants have to be flexible. The daily itinerary and final objective of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our advertised holidays that you accept this flexibility. It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor, for example change of accommodation to another of the same standard. In the case of such changes there is no entitlement to cancel without penalty.
Compensation Payments
| Period before departure within which notice of major change is made to you |
Compensation per person |
| More than 56 days |
Nil |
| 56 - 14 days |
£20 |
| 14 days or less |
£30 |
Our Liability to You
If the contract we have with you is not performed or is improperly performed by our suppliers or us, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked with us or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents.
Please note we cannot accept responsibility for any services which do not form part of our contract.
Personal Injury Unconnected With Your Booked Holiday
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to ?5,000.
Your Responsibility
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday before you book the holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in our printed trip information and pre-departure information pack. If you are unable, or choose not to complete an itinerary outlined for a holiday, KOOTCH Adventure Travel is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group. KOOTCH Adventure Travel is liable for the negligence of its employees and suppliers when they are acting in the scope of their employment or in the provision of the travel arrangements. The company is not liable for any failures that occur in the performance of the travel arrangements which are attributable to the consumer, or attributable to a third party unconnected with the provision of the services and unforeseeable or unavoidable, or are due to unusual and unforeseeable circumstances beyond the control of the company which could not have been avoided even if all due care had been exercised.
Your Behaviour
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday before you book the holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in our printed trip information and pre-departure information pack. If you are unable, or choose not to complete an itinerary outlined for a holiday, KOOTCH Adventure Travel is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group. KOOTCH Adventure Travel is liable for the negligence of its employees and suppliers when they are acting in the scope of their employment or in the provision of the travel arrangements. The company is not liable for any failures that occur in the performance of the travel arrangements which are attributable to the consumer, or attributable to a third party unconnected with the provision of the services and unforeseeable or unavoidable, or are due to unusual and unforeseeable circumstances beyond the control of the company which could not have been avoided even if all due care had been exercised.
Signing our booking form signifies your agreement to abide by the authority of the leader, who represents KOOTCH Adventure Travel. The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the leader considers your general well-being will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.
We expect all clients to have consideration for other people. If in our, or another persons reasonable opinion, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Passports and Visas
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
In some cases, full and correct passport information is required when a booking is submitted to us in order that we can obtain necessary tickets, permits and visas on your behalf. If you do not supply the appropriate and correct information when you make your booking, we will not be able to make the necessary bookings on your behalf and cannot be held responsible.
Adequate Insurance Cover
You are required to take out an insurance policy to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of trip. It is the responsibility of all individuals to finance on-the-spot medical treatment and other contingencies, then to reclaim this from their insurance on return, and to ensure that they have adequate protection for expensive equipment. Please keep details of all the documentation which may be necessary when making a claim. Individuals should ensure their insurance covers all aspects of the programme such as for trekking, high altitude trekking, mountain biking, off-piste skiing, heli-skiing and mountaineering with ropes as required.
Complaints
If you have cause for complaint while on holiday you must bring it to the attention of our local representative/agent and/or the hotel, who will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday but then to write a letter of complaint upon return. However, should a problem remain unresolved a complaint should be made within 28 days of the completion of the holiday. Please remember to quote your holiday account number.
Dates and Times
All references to tour starting and finishing dates on our website are for your guidance only and are subject to amendment. The most accurate dates will be shown in your confirmation invoice.
Images and Photographs
Any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, slides, video shows and the internet.
Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this website and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the .......
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions.
Special Requests
If you have any special request, you must advise us at the time of booking and clearly note it on your booking form. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests.
Medical Conditions
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation. If full details are not given at the time of booking and we become aware of these details, we will cancel their reservation or terminate the holiday of the person concerned at any time. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Safety Standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may [sometimes/often] be lower.
Group Bookings
Group booking discounts apply to groups where one person represents the clients when making the booking arrangements and payments. In this case the confirmation invoice will be sent to them only. All payments for the trip must be made through them.
Group Size
Our maximum group size for scheduled trips is 12, and our minimum group size is 4. Smaller groups will be considered but a surcharge, to be discussed at the time of booking, will be added. We are happy to discuss the details of any programme with you.
Vaccinations and Medication
Your doctor will advise you on health care, recommended vaccinations and your nearest vaccination centre. It is your own responsibility to take sufficient quantities of any specific medication you require.
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