REVISED CANCELLATION POLICY IN THE UNLIKELY EVENT OF EBOLA
While geographically very far removed from our resorts in Kenya, East Africa, the Ebola epidemic in Guinea, Sierra Leone and Liberia has meant that a number of our guests have been reluctant to book travel without the guarantee of some form of protection or booking refund in the unlikely event of an Ebola outbreak in areas where we operate.
In response to these requests and in order to reassure our guests, Masai Mara Wilderness Lodge (UK) Limited is offering our guests a revised cancellation policy for travel to either of our properties, Mara Engai Indian Ocean Retreat in Kilifi and Mara Engai Wilderness Lodge in the Masai Mara. This policy will apply to both new and existing bookings and guarantees that all cancellation penalties relating to Masai Mara Wilderness Lodge (UK) Limited resorts and services will be waived up to the day prior to arrival. There are two options available to you:
1. Guests who have secured Comprehensive Travel Insurance are required to first claim from their Insurer. Once they have obtained the appropriate documentation and proof from the Insurer about the outcome of the claim, Masai Mara Wilderness Lodge (UK) Limited will pay the difference between what the travel insurance company has paid to you and the price paid to Masai Mara Wilderness Lodge (UK) Limited. This refund, less a 3% service fee, will be paid via EFT to you. Should you so choose Masai Mara Wilderness Lodge (UK) Limited will hold this amount for a future trip. If this option is selected, the 3% service fee will not apply and you can choose to take this trip at any point in the future; or
2. Guests who have not secured Comprehensive Travel Insurance will receive a credit to the value they have paid for the Masai Mara Wilderness Lodge (UK) Limited accommodation services and will be able to use this credit for future travel, which would need to be concluded within a year of the postponed trip.
1. Should the itinerary include any third party services (accommodation, transport, tours, etc.), the cost of these would be deducted from the credit or refund, unless the third parties have agreed to similar terms as those offered by Masai Mara Wilderness Lodge (UK) Limited.
2. The following conditions would need to be met in order for these revised Cancellation Terms and Conditions to supersede Masai Mara Wilderness Lodge (UK) Limited current Terms and Conditions:
a. There should be a confirmed outbreak of Ebola, as defined by the World Health Organisation (WHO), in Kenya and/or Tanzania; and
b. The WHO and at least one of the G5 countries (France, Germany, Japan, the United Kingdom and the United States of America) must issue a Level 3 Travel Advisory (advising against all but essential travel) for travel to the Kenya and/or Tanzania, on grounds of Ebola.
3. Guests electing to not travel without the above conditions being met should ensure that the appropriate Insurance Cover is in place which includes the optional upgrade, allowing the cancelation of travel for any reason.
For any enquiries please contact your preferred African Travel Specialist or Masai Mara Wilderness Lodge (UK) Limited on firstname.lastname@example.org
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Masai Mara Wilderness Lodge (UK) Ltd Booking Conditions
These booking terms and conditions (“Booking Terms”), together with the documents referred to in these Booking Terms, tell you the terms and conditions on which we will supply to you any of the travel booking services described on our website www.maraengai.com (“our site”).
Please read these Booking Terms carefully and in full and make sure that you understand them before making any booking with us. These Booking Terms should be read in conjunction with the accommodation terms and conditions also featured on our site (the “Accommodation Terms”), which govern the terms on which any accommodation you book with us, as agent, is provided to you by our principal in Kenya, Masai Mara Wilderness (Lodge) Limited (our “Principal”). (Please note that, where you book a package holiday with us (as further described below), our Principal acts as our supplier in providing your accommodation and we act as package organiser for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Package Regulations”).)
You should understand that, by booking any service with us, you agree to be bound by these Booking Terms and the Accommodation Terms, together with any other terms that may be relevant to any package holiday organised by us (as further described below). You should save and print a copy of these Booking Terms, the Accommodation Terms any other applicable terms for future reference.
Please click on the button marked “I Accept” at the end of these Booking Terms if you accept these Booking Terms and the incorporated Accommodation Terms. Please understand that if you refuse to accept these Booking Terms, the Accommodation Terms and any other applicable terms, you will not be able to book any service using our site or directly with us.
1 INFORMATION ABOUT US
1.1 www.maraengai.com is a site operated by Masai Mara Wilderness Lodge (UK) Limited (“we” or “us”). We are registered in England and Wales under company number 07746965 and we have our registered office at DS House, 306 High Street, Croydon CR0 1NG, UNITED KINGDOM.
2 YOUR STATUS
2.1 By making a booking of any nature with us, whether through our site or directly via telephone, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) the details you give to us in connection with your booking are correct, particularly that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the booking requested.
2.2 If there are any changes to the details supplied to us by you, it is your responsibility to inform us in writing at email@example.com as soon as possible after making your booking.
3 NATURE OF YOUR BOOKING
3.1 Our obligations to you will vary depending on whether you book with us ‘accommodation only’, as more particularly described on our site and at clause 4 below (an “Accommodation Booking”), or, using our gold service (“Gold Service”), a package holiday, as defined by the Package Regulations (a “Package”).
3.2 Section 4 of these Booking Terms deals specifically with our Accommodation Booking service. Section 5 of these Booking Terms deals specifically with the Package options we offer as part of our Gold Service. Notwithstanding the bespoke terms of an Accommodation Booking or Package, the remaining sections of these Booking Terms apply in full to any type of booking and you should read them carefully in their entirety.
3.3 Please understand that, upon accepting these Booking Terms, the Accommodation Terms and any other applicable terms and confirming your Accommodation Booking or Package, you are entering into a contract with us for the performance of the relevant service that is the subject of that contract (“Contract”).
4 ACCOMMODATION BOOKINGS
4.1 The terms set out in this section 4, together with all other terms set out in these Booking Terms with the exception of section 5, apply to all Accommodation Bookings.
4.2 The Accommodation Terms also apply in full to any Accommodation Booking.
4.3 The Package Regulations shall not apply to any Accommodation Booking.
4.4 As described on our site and in the Accommodation Terms, an Accommodation Booking will involve the following (as applicable):
(a) Accommodation Booking at the Mara Engai Wilderness Lodge (the “Lodge”):
(i) The Lodge (situated at LR No. 67, 68, 69, Kerinkani, Transmara, KENYA) is owned and fully managed by our Principal.
(ii) Lodge accommodation is provided on a full-board basis, which includes your bed, breakfast, lunch, evening meal, afternoon tea and all relevant transfers between international and/or domestic airports and your accommodation. Unless otherwise stated in an offer.
4.5 For the avoidance of doubt, the provision by our Principal of road transfer services between Kenyan international and/or domestic airports and your accommodation shall constitute a resort facility only and shall not operate to bring an Accommodation Booking within the realms of the Package Regulations. An Accommodation Booking remains a single component service only.
How the Contract between you and us for your Accommodation Booking is formed
4.6 You can make an Accommodation Booking using the automatic booking facility featured on our site. This tool shows you the real time availability at any of the accommodation provided by our Principal in Kenya. You can also make an Accommodation Booking with us by telephone on 0208 432 1501 or by emailing us at firstname.lastname@example.org.
Booking using our online facility
4.7 Upon selecting your preferred accommodation dates and type, and confirming your Accommodation Booking using our online facility, you will receive an automatic email from us confirming your Accommodation Booking details (“Accommodation Confirmation”). You must read this Accommodation Confirmation carefully and notify us immediately if any of the details are incorrect.
4.8 Please note that you will enter into a Contract with us from the moment you “click” at the appropriate point(s) online to confirm your acceptance of the Accommodation Booking. You will not be able to make an Accommodation Booking if you do not tick the relevant box to confirm that you accept these Booking Terms and the Accommodation Terms. These documents (and any other documents referred to in them) will form your Contract with us.
Booking by telephone or email
4.9 Where you would prefer to make your Accommodation Booking by telephone or email, you accept that communication with us will be electronic and you agree to this means of communication for contractual purposes in accordance with clause 10 (Written Communications) below.
4.11 For the avoidance of doubt, you will enter into a Contract with us from the moment you confirm acceptance of these Booking Terms (which incorporate the Accommodation Terms) and the Accommodation Summary in accordance with the instructions provided. These documents (and any other documents referred to in them) will form your Contract with us. Once you have confirmed your agreement to the arrangements set out in the Accommodation Summary and to all applicable terms (in accordance with the instructions provided), we will post and/or email you your Accommodation Confirmation.
4.12 An Accommodation Booking includes only your stay at your chosen accommodation in Kenya, on the terms set out in the Accommodation Terms. An Accommodation Booking does not include any international or domestic flights to, from or within Kenya. You are responsible for booking your own international and domestic flights.
4.13 Our site contains a “click-through” facility link to www.expedia.co.uk, a third party supplier of international and Kenyan domestic flights. Our site also provides direct links to other third party international and Kenyan domestic flight providers. We shall have no responsibility or liability for any flight(s) that you choose to book via Expedia or any other third party flight provider; the search facility and links from our site to Expedia’s and such other third parties’ are provided for your convenience only. Your use of such facilities and links are governed by our Website User Agreement ( www.maraengai.com/terms-and-conditions).
4.14 For the avoidance of doubt, no third party flight(s) booked by you to coincide with your Accommodation Booking shall render the flight, or any associated travel arrangements, part of any Package for the purpose of the Package Regulations, or part of any “flight plus” arrangement pursuant to the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (as amended) (the “ATOL Regulations”). The Accommodation Booking shall remain a single component service only.
Your Financial Protection in respect of your flights
4.15 When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
4.16 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 nor 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).
4.17 If we, or the suppliers identified on your ATOL certificate, are unable to provide the 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 a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Accommodation Booking pricing and errors
4.18 As set out below, the price of accommodation will be as quoted verbally, by email or on our site from time to time, except in cases of obvious error. If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to accept your Accommodation Booking at the incorrect (lower) price.
4.19 The price of your chosen Accommodation Booking will be quoted either: (a) online, immediately before you “tick” to confirm acceptance of your Accommodation Booking; or (b) within the Accommodation Summary (where you are booking by telephone or email). In either case, the price of the Accommodation Booking will be confirmed as definite and final within the Accommodation Confirmation. This will be the price that you pay. Prices shown on our site and any verbal or email-based price quotations will be regarded as provisional until confirmed in the online summary displayed immediately before you “tick” to confirm your booking, or the Accommodation Summary (as applicable).
4.20 Accommodation prices include all Kenyan taxes and levies. A 2.5% surcharge will apply to all payments made by credit card.
Changing your Accommodation Booking
4.21 We will do our best to accommodate any changes you wish to make to your Accommodation Booking. Changes to your Accommodation Booking will be governed by the Accommodation Terms and are limited to:
(a) any change to your arrival and/or departure date;
(b) any change to the number of people booked to stay at your chosen
(c) any change to your accommodation type (as set out in the Accommodation Terms).
4.22 We are able to accept and administer, on behalf of our Principal, changes to your Accommodation Booking. To make any such changes, you should contact us at email@example.com.
4.23 The amendment fees set out in the Accommodation Terms are applicable to any such changes and may be collected by us on behalf of our Principal. For the avoidance of doubt, these are:
(a) £35.00 per amendment per person for amendments made to an Accommodation Booking over seventy (70) days before departure; or
(b) £50.00 per amendment per person for amendments made within seventy (70) days of departure,
plus any non-refundable costs arising from the amendments required. The person who completed the Accommodation Booking (the “Lead Name”) will be responsible for all charges incurred in connection with the booking change.
4.24 Upon effecting your requested change, a new Accommodation Confirmation will be issued by us on our Principal’s behalf, which will set out any applicable amendment charges.
4.25 Please note that changes accepted by us on our Principal’s behalf may not be accepted by any third party suppliers with whom you have contracted for other services, such as flights. You acknowledge and agree that neither we, nor our Principal, shall be liable for any loss or damage that you may incur or suffer as a result of attempting to make, or making, any change to your Accommodation Booking.
Transferring your Accommodation Booking
4.26 You may transfer your Accommodation Booking into the name of a substitute person in accordance with the Accommodation Terms. We are able to administer, on behalf of our Principal, a transfer of your Accommodation Booking that is accepted by our Principal. To make any such transfer, you should contact us at firstname.lastname@example.org.. Such transfer will be considered an amendment and will therefore be subject to the amendment charges set out in the Accommodation Terms and repeated at clause 4.20 above.
4.27 Upon effecting your requested transfer on our Principal’s behalf, we will issue to you:
(a) a new Accommodation Confirmation in the name of the substitute person, which will set out any applicable amendment charges; and
(b) confirmation of your associated Accommodation Booking cancellation.
4.28 As the Lead Name for the Accommodation Booking, you will be responsible for paying the amendment fee applicable to your transfer. It is your responsibility to seek reimbursement of all monies you paid in connection with your Accommodation Booking from the substitute person.
4.29 Please note that transfers accepted by us on our Principal’s behalf may not be accepted by any third party suppliers with whom you have contracted for other services, such as flights. You acknowledge and agree that neither we nor our Principal shall be liable for any loss or damage that you may incur or suffer as a result of attempting to make, or making, any transfer of your Accommodation Booking.
Cancelling your Accommodation Booking
4.30 We are able to accept and administer, on behalf of our Principal, the cancellation of your Accommodation Booking. If you wish to cancel your Accommodation Booking, or any part of it, your cancellation instructions will only be valid if put in writing by you as the Lead Name. These written instructions should be sent direct to us by email at email@example.com, or by post to DS House, 306 High Street, Croydon CR0 1NG, UNITED KINGDOM. We would recommend that you keep a copy of your cancellation notice for your records.
4.31 As compensation for the expense of processing your Accommodation Booking and for the risk that our Principal, or we on our Principal’s behalf, may not be able to resell the accommodation, our Principal charges a cancellation fee on a sliding scale dependant upon notice – the more notice you give, the less you will be charged. The applicable cancellation fees are set out in the Accommodation Terms and may be collected by us on behalf of our Principal. For the avoidance of doubt, these cancellation charges are:
Time before arrival when cancellation instruction is received by us Cancellation charge as a % of total cost of Accommodation Booking
71 days or more 30%
70-57 days 40%
56-36 days 50%
35-15 days 80%
14-0 days 100%
4.32 If you have to cancel your Accommodation Bookings for reasons covered by your insurance policy, you should be able to recover your cancellation charges from your insurance provider.
Our liability to you in connection with your Accommodation Booking
4.33 Our responsibility as agent of our Principal is to make arrangements for the provision by our Principal of the accommodation service you contract to receive in making your Accommodation Booking. We do not have any responsibility for the performance of the accommodation service delivered by our Principal in accordance with your Accommodation Booking. In particular, we shall have no liability to you for any dissatisfaction, loss of enjoyment, or any other loss, injury or damage that results from our Principal’s performance, failure in performance or improper performance of the accommodation service, save for any such loss or damage resulting in death or personal injury that is due to our negligence. Under no circumstances shall we have any liability to you for any loss or damage that you may suffer as a result of any third party services that you may contract to receive to coincide with your Accommodation Booking.
4.34 Our Principal’s liability to you as provider of your accommodation is set out in the Accommodation Terms, which you should read carefully and in full.
4.35 We will only be liable to you for direct loss arising as a result of your use of our accommodation booking facilities (save in the case of death or personal injury in respect of which there is no limit) up to a maximum of three times the total price of your Accommodation Booking, as confirmed in the Accommodation Confirmation.
Your financial protection in respect of your Accommodation Booking
4.36 In the unlikely event of our financial collapse/insolvency, any money that you have paid to us in connection with an Accommodation Booking is not protected by any financial protection scheme. Such financial protection is only available where you book a Package. If such financial protection is important to you, we recommend that you consider taking advantage of our Gold Service to book a Package with us, or obtain appropriate travel insurance to guard against such loss.
5 GOLD SERVICE PACKAGES
5.1 The terms set out in this section 5, together with all other terms set out in these Booking Terms with the exception of section 4, apply to all Packages.
5.2 The Accommodation Terms also apply in full to any accommodation (and related services, such as weddings) component of any Package.
5.3 The Package Regulations also apply to any Package. Where your desired Package includes a flight element (as further described below), the ATOL Regulations will also apply.
How the Contract between you and us for your Package is formed
5.4 As described on our site, our Gold Service enables you to tailor your holiday to your specific requirements. You may select from any combination of the following components when considering the Package that you would like us to book for you:
(a) accommodation (including resort and stopover);
(b) international flights;
(c) domestic flights;
(f) corporate services; and
(g) wedding services.
These components are described in more detail on our site.
5.5 Our Gold Service also entitles you to our “meet and greet” service in connection with booked international flights and all transfers pertinent to any domestic flights booked. (Please note that we are not responsible for any transport to or from your departure airport(s).)
5.6 As described on our site, our Gold Service involves us liaising with you by both telephone and email in order to arrange your desired Package. In accordance with clause 10 (Written Communications) below, when booking your package, you accept that communication with us will be mainly electronic (via telephone and email) and agree to this means of communication for contractual purposes.
5.8 For the avoidance of doubt, you will enter into a Contract with us from the moment you confirm your acceptance of these Booking Terms (which incorporate the Accommodation Terms), the Package Summary and any applicable Additional Terms and Supplier Terms in accordance with the instructions provided. These documents (and any other documents referred to in them) will form your Contract with us. Once you have confirmed your agreement to your Package arrangements as set out in the Package Summary and to all applicable terms (in accordance with the instructions provided), we will post and/or email you confirmation of your Package booking (“Package Confirmation”).
5.9 As explained at clause 5.63 below, where any Package includes a flight element, we are also required by the ATOL Regulations to provide you with an ATOL certificate. We will post and/or email you such ATOL certificate at the same time as sending you your Package Confirmation.
Other terms applicable to the Contract
5.10 The component services that make up your chosen Package will be provided by our Principal and one or more of our third party suppliers. Accordingly, each particular Package component will be governed by specific terms and conditions. In particular, all accommodation booked as part of a Package will be governed by the Accommodation Terms. The Accommodation Terms will also govern any corporate and wedding services that you choose to include in your Package. (These services may be subject to further local supplier terms, which will be made clear to you at the time of booking.) Certain excursions provided by our Principal will also be governed by the Accommodation Terms. All other excursions will be provided by independent, third party suppliers, on their terms, as more particularly described at clause 5.21 (Excursions) below. It is your responsibility to ensure that you read all applicable terms in full.
Third party suppliers connected with your Package
5.11 The third party suppliers with whom we arrange certain components of your Package have their own terms and conditions (“Supplier Terms”). Our site contains links to any relevant Supplier Terms. You will be bound by such Supplier Terms where we book, on your behalf, a service supplied by a third party supplier as part of your Package. In the event of any conflict between the Supplier’s Terms and these Booking Terms, the Supplier’s Terms will prevail in respect of the relevant Package component.
5.12 Some of our Supplier’s Terms may limit or exclude their or our liability to you. Supplier Terms may also be subject to certain international conventions. It is your responsibility to ensure you read all applicable terms.
Information of which you should be aware before you ask us to organise your Package
5.13 As part of our Gold Service, we will provide you with certain information for you to review before you enter into a Contract with us. This information will be set out in the ‘travel pack’ that we will send you when we send you your Package Summary and all other applicable terms.
Flight and other travel timings
5.14 Flight timings are provided by airlines and are subject to air traffic control restrictions. All means of transportation are subject to weather conditions, maintenance requirements and customer punctuality. In providing you with a flight schedule as part of your Package, we do not guarantee that your flights will depart or arrive at the times stated in any such schedule. All timings are estimates only, supplied to us by the relevant third party supplier, and we shall have no liability to you in respect of any delay that may arise.
5.15 If your standard of travel is downgraded, your flight is cancelled or delayed, or boarding is denied by any flight provider in circumstances that would entitle you to compensation under the Denied Boarding Regulations 2004, your flight provider will be responsible for payment of such compensation and you should make any relevant claim to them. The level of compensation payable to you under the Denied Boarding Regulations 2004 represents the full amount due to you by way of compensation or any other payment arising from such downgrading, cancellation, delay or denied boarding, and we shall have no liability to you for the payment of any such compensation.
5.16 In the event that you seek to make a claim for such compensation from us, you agree to assign to us all and any right(s) you may have to pursue the flight provider in relation to the claim giving rise to the compensation payment under the Denied Boarding Regulations 2004.
5.17 You should contact the Civil Aviation Authority (www.caa.co.uk) in the event that you are not satisfied with your flight provider’s treatment of your claim.
5.18 Please note that the Denied Boarding Regulations 2004 do not apply where your Package is cancelled for reasons other than your scheduled flights forming part of your Package being cancelled.
5.19 Any claim that you may have for lost or damaged baggage will be governed by the relevant flight provider’s Supplier Terms and you should check these for details of how to make a claim. Please note that claim time limits may apply and you should notify the appropriate flight provider of your claim as soon as possible. In the event that you are entitled to receive compensation for any such baggage loss or damage from us, the amount of compensation we will be liable to pay shall be limited in accordance with clauses 7.3 and 7.4 below (Limitation in accordance with applicable international conventions).
5.20 In the unlikely event that an airline that you are travelling with ceases to trade whilst you are abroad, you must contact us at the earliest opportunity. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange a return flight home for you.
5.21 Excursions include, but are not restricted to, any sightseeing trips, events or other tours attended in-resort, for which additional payment is required. Excursions can either be booked and paid for in-resort (“Resort Booked Excursions”) or pre-booked by us and paid for as part of your Package (“Pre-Booked Excursions”).
5.22 In accordance with clauses 5.55 to 5.57 below (Our liability to you in respect of your Package) and the Package Regulations, we accept responsibility for the contractual performance of your Pre-Booked Excursions only.
5.23 Resort Booked Excursions do not form part of your Package and are not governed by the Package Regulations. Accordingly, we shall have no liability to you in respect of any Resort Booked Excursions. A Resort Booked Excursion will result in a contract between you and the excursion provider, which may be our Principal (in which case, the Accommodation Terms shall apply) or a local third party supplier. Where you enter into an agreement with a Kenyan third party, the terms of that agreement are likely to be governed by local law and you may be required to bring any dispute arising in connection with any applicable Resort Booked Excursion in Kenya. It is your responsibility to ensure that you read carefully all terms and conditions applicable to your Resort Booked Excursion.
Accepting payment for your Package
5.24 In providing any Package for you in accordance with these Booking Terms, for the purposes of the ATOL Regulations we would be accepting your payment in our capacity as Package organiser.
Changing your Package booking
5.25 We charge an amendment fee of up to £250.00 per amendment per person for amendments made to each component of a Package, plus any non-refundable costs arising from the amendments required including those referred to below. The level of amendment fee will vary according to the nature of the amendment requested. Where any requested amendment involves a change to scheduled flights, the requested amendment will be subject to the agreement of the relevant flight provider(s) and the applicable amendment fee will be dependant on the charge(s) levied by the relevant flight provider(s). Certain changes (such as name and date changes) may be treated by certain of our suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If a supplier treats an amendment as a cancellation and rebooking, we will pass on to you the full cost imposed by the supplier, which could be up to 100% of the relevant component(s) of your Package. Such cost will be payable in addition to our amendment fee.
Transferring your Package booking
5.26 In the event that you find you are prevented from proceeding with your Package, you may transfer your Package to a substitute person who satisfies all the conditions of the Package, provided always that you give us reasonable notice of your intention to transfer your Package. Reasonable notice is considered to be at least twenty-eight (28) days before the date of your departure is due to take place. Qualifying examples of where you may be prevented from travelling include (but are not limited to) illness, death of a close relative or jury service.
5.27 Where you elect to transfer your booking, you, as the transferor, and the substitute person, as the transferee, shall be jointly and severally liable to us for payment of the full price of the Package and any additional costs arising from your transfer.
5.28 To make any such transfer, you should contact us at firstname.lastname@example.org. A Package transfer will be considered an amendment to your Package and will therefore be subject to the amendment charges set out at clause 5.25 above.
5.29 Upon effecting your requested Package transfer, we will issue to you:
(a) a new Package Confirmation in the name of the substitute person, which will set out any applicable amendment charges; and
(b) confirmation of your associated Package cancellation.
Cancelling your Package
5.30 If you wish to cancel your Package, or any part of it, your cancellation instructions will only be valid if put in writing by you as the Lead Name. These written instructions should be sent direct to us by email at email@example.com, or by post to DS House, 306 High Street, Croydon CR0 1NG, UNITED KINGDOM. We would recommend that you keep a copy of your cancellation notice for your records.
5.31 Subject to your right to transfer your Package (as set out at clauses 5.26 to 5.29 above), as compensation for the expense of processing your Package and for the risk that we may not be able to resell the services included in your Package, we charge a cancellation fee on a sliding scale dependant upon notice – the more notice you give, the less you will be charged.
5.32 Package cancellation charges are as follows:
Time before arrival when cancellation instruction is received by us Cancellation charge as a % of total cost of Package
71 days or more 30%
70-57 days 40%
56-36 days 50%
35-15 days 80%
14-0 days 100%
5.33 The above cancellation fees are applicable to the accommodation component of any Package booked with us. In addition, a cancellation fee of 100% of the cost of all scheduled flights will be applicable, irrespective of the timeframe within which we received your cancellation instruction. Certain other Package component cancellations may result in third party supplier charges of up to 100% regardless of the notice period given. We reserve the right to pass these charges on to you where they exceed our charges shown in the table above.
5.34 If you have to cancel your Package for reasons covered by your insurance policy, you should be able to recover your cancellation charges from your insurance provider.
Changes made by us to the price of your Package after booking
5.35 The price of your Package may increase or decrease after you have booked it, due to changes in exchange rates, transportation costs (including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes) or embarkation or disembarkation fees at ports and airports.
5.36 Subject to clause 5.38 below, where any such changes occur that result in an increase to the price of your Package, you will be responsible for payment of any additional sums due to us. We will notify you of any such price increase, and how that specific price increase is calculated, as soon as possible. Where price changes reduce the price of your Package, we will pay any refund due to you.
5.37 We will absorb, and you will not be charged for, any price increase equivalent to 2% of the original cost of the Package, which excludes any amendment charges. You will be charged for the amount of any increase in price exceeding 2% up to a maximum of 10% of the total price of your Package.
5.38 Any increase in price of 10% or more will be a significant change, giving you the rights (to withdraw from the contract without penalty, or to accept the price alterations) set out at clause 5.43 below.
5.39 We will not charge you for any price increase within thirty (30) days of your departure.
5.40 For the avoidance of doubt, Package price revisions will only be made to allow for variations in the limited circumstances set out at clause 5.35 above.
Significant changes made by us to your Package before you travel
5.41 From time to time we may have to change the details of the Package you have booked. We will tell you as soon as possible before you travel about any change that is likely to have a significant effect on your Package.
5.42 Such significant changes include (but are not limited to):
(a) a change of your departure airport;
(b) a change of your destination/resort accommodation within Kenya;
(c) a change of more than twelve (12) hours in your scheduled flight(s) and/or
time of departure or arrival at your destination;
(d) any downgrade to your accommodation or flight standard(s);
(e) a reduction in your stay in resort of more than twelve (12) hours; or
(f) an increase in the total Package price of 10% or more.
5.43 Where you do not accept a significant change, we will, where we are able, offer you an alternative Package of equivalent or superior standard and price, at no extra cost to you. Alternatively, we may offer you a less expensive Package, in which case we will refund you the difference in price between the new and original Package booking. If you do not wish to accept the alternative Package(s) offered to you and you would prefer, you may cancel your Package and receive a full refund of all sums you have paid to us in connection with the Package. In any event, it is a condition of this clause 5.43 that you inform us of your decision as soon as possible.
5.44 Subject to clauses 5.53 (Minimum number of persons not met) and 14 (Events outside our control) below, where a significant change by us results in you cancelling your Package, we will compensate you at the minimum levels set out below:
Period before scheduled departure Compensation per person, per Package
71 days or more £0
70-57 days £10
56-36 days £20
35-15 days £30
14-0 days £40
5.45 You acknowledge that you are not automatically entitled to compensation and such compensation will therefore be paid at our reasonable discretion to reflect your actual loss resulting from the change or cancellation (as applicable) we have made. Please note that the figures quoted above are by way of guidance only and may, in appropriate circumstances, be increased.
5.46 Where you have purchased insurance in connection with your Package in accordance with clause 6.10 below and you opt to cancel your Package due to a significant change made by us, we will refund you the cost of any insurance premium paid and any applicable penalty charges where you can show that you are unable to transfer or re-use your policy without penalty.
Minor changes made by us to your Package before you travel
5.47 Any change to your Package that we do not consider significant is a minor change for the purpose of these Booking Terms. We will endeavour to tell you about a minor change but are not obliged to do so. We will not (and are not obliged to) pay you any compensation in the event of a minor change.
Problems with your Package after departure
5.48 Where, after departure, we find that we are unable to procure or provide a significant proportion of the Package services, we will make suitable alternative arrangements at no extra cost to you for the continuation of the Package and will, where appropriate, compensate you for the difference between the Package services to be supplied under the Contract and those actually supplied.
5.49 In the event that it proves impossible to make suitable alternative arrangements, or, for good reason, you do not accept our proposed alternative arrangements, we will, where appropriate, provide you with equivalent transport back to the your place of departure, or to another place that you have agreed, and will, where appropriate, compensate you at the minimum levels set out at clause 5.44 above.
Cancellation of your Package by us
5.50 We are entitled to cancel any Package booked with us. In the unlikely event that we need to cancel your Package, we will inform you of the intended cancellation and reason behind it as soon as possible.
5.51 Where we need to cancel your Package, we will, where we are able, offer you an alternative Package of equivalent or superior standard and price, at no extra cost to you. Alternatively, we may offer you a less expensive Package, in which case we will refund you the difference in price between the new and original Package booking. If you do not wish to accept the alternative Package(s) offered to you and would prefer, you will receive a full refund of all sums you have paid to us in connection with the Package that we have cancelled.
5.52 Subject to clauses 5.53 (Minimum number of persons not met) and 14 (Events outside our control) below, where we cancel your Package, we will compensate you at the minimum levels set out at clauses 5.44 and 5.45 above.
5.53 Please note that compensation will not be payable where the Package is cancelled by us because the number of persons who agree to take the Package is less than the minimum number required and we have informed you of the cancellation in writing within any period indicated in the Package Confirmation.
5.54 Where you have purchased insurance in connection with your Package in accordance with clause 6.10 below and we cancel your Package and you do not accept any alternative Package(s) offered to you, we will refund you the cost of any insurance premium paid and any applicable penalty charges where you can show that you are unable to transfer or re-use your policy without penalty.
Our liability to you in respect of your Package
5.55 Under the Package Regulations, we will be liable to you for any damage caused to you by our, our Principal’s, or any of our third party suppliers’ failure to perform, or improper performance of, the Contract, unless the failure or improper performance is not due to any fault of ours, our Principal or any of our third party suppliers under the Package.
5.56 In particular, we shall not be liable to you for any damage suffered by you as a result of your behaviour, the behaviour of any other member of the party booked to travel under the Package, the behaviour of any person to whom you may transfer the Package, or the behaviour of any third party unconnected with the provision of the Package services. Nor shall we be liable to you for any other failure in the performance of the Contract attributable to you, any member of your travelling party or any transferee, or any other unforeseeable or unavoidable failures attributable to any third party unconnected with the provision of the Package services. In accordance with clause 14 (Events outside our control) below, we shall not be liable for any damage suffered by you as a result of any events beyond our control, or any other damage arising due to unusual or unforeseeable circumstances that could not have been avoided even if all due care had been exercised, or any event which we, our Principal or any of our third party suppliers, even with all due care, could not foresee or forestall.
5.57 For the avoidance of doubt, our liability to you under this section shall not affect any remedy we may have against any of our third party suppliers.
Limitation of our liability in respect of your Package
5.58 Subject to clauses 5.55 to 5.57 above, in the case of damage suffered by you, other than personal injury or death, resulting from the non-performance or improper performance of the Package services, we shall pay you reasonable compensation. The amount of reasonable compensation will depend on the facts of each circumstance. The maximum we shall be liable to pay you is three times the total cost of the Package. The maximum amount of compensation is likely to be payable only where you have derived no benefit under your Package.
5.59 In the event that you receive any form of compensation from any of our third party suppliers as a result of their non-performance of the Package services attributable to the relevant supplier, such compensation sums shall be deducted from any compensation sum payable to you by us.
5.60 Other than set out at clause 5.55 to 5.57 above, our liability to you shall be as set out at clause 7 (Our general liability) below.
Our assistance to you
5.61 Where any failure in the performance of the Package services is attributable to a third party unconnected with your Package, or due to unusual or unforeseeable circumstances, or due to any event that could not have been foreseen or forestalled, we will provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure, or as a result of any activity which does not form part of your contracted Package arrangements.
5.62 Our reasonable assistance may include making a contribution towards your initial legal costs in taking action against the person(s) responsible, providing you request this of us within ninety (90) days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to us of £5,000 per Package. 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 obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
Your financial protection in respect of your Package
5.63 We duly observe the financial protection requirements of the Civil Aviation Authority (CAA) in connection with all Packages and all Packages are financially protected by the CAA’s Air Travel Organiser’s Licensing (ATOL) scheme. These arrangements ensure that the price of any Package you book with us will be refunded to you, and/or that you will be repatriated, in the unlikely event of our insolvency. As explained at clause 5.9 above, when you pay for your Package we will supply you with an ATOL certificate; please check this certificate to ensure that it lists everything that should be included as part of your Package.
5.64 If we, or the suppliers identified on your ATOL certificate, are unable to provide the 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 a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, [any] travel agent or your credit card issuer (where applicable). You also agree that any claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
5.65 Our CAA ATOL number is 10643. For more information, please visit www.atol.org.uk/ATOLCertificate.
Complaints in respect of your Package
5.66 We shall make prompt efforts to find appropriate solutions to any complaint you make to us concerning a defect in the performance of the Package or Contract. However, it is a condition of this term that you must, at the earliest opportunity and, in any event, within twenty-eight (28) days of your return home, communicate to us in writing at firstname.lastname@example.org, or by post to DS House, 306 High Street, Croydon CR0 1NG, UNITED KINGDOM, any failure that you perceive at the place where the Package service concerned is supplied. You must also, at the earliest opportunity and, in any event, within twenty-eight (28) days of your return home, inform the relevant supplier of the Package service concerned. For example, if you believe there has been a failure in the performance of a Package service at any of the accommodation provided by our Principal, you must notify the appropriate resort manger at the earliest opportunity during your stay and notify us at the same time.
5.67 Should you become ill during the performance of your Package, you must:
(a) report your illness to our Principal as your accommodation provider;
(b) consult a local doctor during your stay at the relevant accommodation; and
(c) consult your own GP upon your return home.
Should you wish to make a claim against us as a result of that illness, you must provide us with details of your visits to both the local doctor in Kenya and your GP upon your return home, together with written authority for us to obtain a medical report from both those doctors.
5.68 Your failure to notify us and our Principal, any other relevant supplier or the appropriate medical personnel (as applicable) in accordance with clauses 5.66 or 5.67 above may affect our ability to investigate your complaint and impact on the way your complaint is dealt with, which may mean that any rights you have to claim compensation from us are reduced or extinguished.
Your assistance to us
5.69 In accepting these Booking Terms you agree to provide us with all such assistance as we may reasonably require in connection with our recovery from any third party any sum that we may have paid to you by way of compensation. In particular, you unequivocally assign to us any rights that you may have against any other person whose acts or omissions have caused, or contributed to, our legal liability to pay you compensation.
6 ALL BOOKINGS
6.1 In addition to the bespoke terms set out in sections 4 and 5 applicable to Accommodation Bookings and Packages respectively, the remainder of these Booking Terms apply to all bookings, including Accommodation Bookings and Packages.
Lead Name and minors
6.2 As described above, the person who completes an Accommodation Booking or booking for a Package will be the Lead Name for the relevant booking. Any booking made by a Lead Name will result in a Contract between the Lead Name and us.
6.3 The Lead Name must be over eighteen (18) years of age and is responsible for payment of the total booking price, including any subsequent amendment or cancellation charges that may be payable.
6.4 The Lead Name agrees to provide accurate information regarding any and all other members of any Accommodation Booking or Package travelling party, including any changes to the membership of such travelling party, and confirms that all such members (including any subsequent members) agree to be bound by these Booking Terms, the Accommodation Terms and any applicable
Additional Terms and/or Supplier Terms.
6.5 Where the Lead Name makes a booking on behalf of a minor who is not travelling with a person aged eighteen (18) or over, the Lead Name warrants that the minor’s parent/legal guardian is present when the booking is made, irrespective of how the booking is made. In addition, the Lead Name shall:
(a) provide the parent/guardian’s written consent to the minor travelling unaccompanied by an adult;
(b) provide a copy of the photograph page in the parent/guardian’s and minor’s passports; and
(c) pay any applicable charges/costs imposed by any of our third party suppliers as a result of the minor’s age.
6.6 Any such Package Contract shall be subject to the minor satisfying any third party supplier conditions of travel, such as flight minimum age restrictions.
6.7 You will be advised at the time of making any booking of the payment terms applicable to your particular arrangements. A 2.5% surcharge will apply to all payments made by credit card.
6.8 You will be required to pay for all bookings upfront and in full. PLEASE NOTE THAT FAILURE TO PAY FOR YOUR BOOKING ON TIME MAY RESULT IN THE CANCELLATION OF YOUR BOOKING.
6.9 If you have a special request or requirement that is not advertised on our site, or elsewhere, as ordinarily forming part of the travel arrangements that you may book through us (including any request over and above any specific arrangements made as part of any Package), please advise us when you book and we will do all we reasonably can to pass relevant information onto our Principal and the relevant third party suppliers. You acknowledge and agree that our verbal confirmation and/or note of your request on your Accommodation Summary or Package Summary confirms that we have received your request, but does not confirm our acceptance of or our agreement to such request and does not guarantee that we, our Principal or any third party supplier (as applicable) can meet your request. Any agreed special requests will be confirmed within your Accommodation Confirmation or Package Confirmation as applicable.
6.10 You must take out adequate travel insurance appropriate to your needs before you travel. It is your responsibility to ensure that you have adequate cover and you should consider any relevant requirements, especially where you envisage participating in any particularly risky activity whilst on holiday. We shall not be responsible for any inconvenience, delay, loss, damage, costs or expenses incurred by you as a result of your failure to obtain adequate cover.
Travel documents and health advice
6.11 It is your responsibility to ensure that you have valid travel documents. In the event that we or our Principal suffer any loss (whether by way of fine or otherwise) as a result of you failing to hold the correct travel documents, you shall be liable to indemnify us in full.
6.12 For current health and travel advice, please visit the Kenya High Commission website at http://www.kenyahighcommission.net/khccontent/index.php or see the ‘travel pack’ provided as part of your Package.
Complaints in respect of any booking
6.13 Without prejudice to clauses 5.66 to 5.68 (Complaints in respect of your Package), if you have a complaint regarding any aspect of the service(s) you receive from us, we will do our best to deal with your complaint and offer a workable solution as quickly as possible. Any complaint you may have against our Principal or in connection with any aspect of your accommodation should primarily be made in resort, in accordance with the Accommodation Terms. However, please note the specific requirements set out at clauses 5.66 to 5.68 above, regarding complaints in respect of a Package.
6.14 Where your complaint relates to any aspect of a Package component provided by a third party supplier, we will re-direct your complaint to the relevant supplier. Subject to clauses 5.55 to 5.58 above (concerning our liability to you in respect of your Package), we shall not be responsible for the resolution of any complaints arising from a Package service supplied by any third party supplier.
6.15 In respect of all refunds referred to in these Booking Terms, we will usually refund any money due to you using the same method originally used by you to pay for your purchase.
7 OUR GENERAL LIABILITY
7.1 Subject to the express terms concerned with our liability and the applicable limitations of such liability in respect of Accommodation Bookings and Packages set out above, to the maximum extent permitted by English law, we will not be liable to you for any damages, costs, expenses or any indirect, incidental, special or consequential losses or any other claims (including loss of profit, data and business goodwill) as a result of any representation, implied warranty, condition or duty at common law (including negligence). Upon the occurrence of any such event, we shall only be liable to you up to a maximum of three times the total price of your Accommodation Booking or the Package in question.
7.2 Notwithstanding clause 7.1, nothing in these Booking Terms is intended to limit any rights you might have as a consumer under applicable law or any other statutory rights that may not be excluded. Nor in any way do we exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Limitation in accordance with applicable international conventions
7.3 If any international convention applies to, or governs, any of the services or facilities arranged or provided by us, or provided by our Principal or any of our third party suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount of such compensation (if any) will be limited in accordance with, and/or in an identical manner to, that provided for by the international convention concerned (in each case including, in the respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded).
7.4 For the avoidance of doubt, this means that we are to be regarded as having the full benefit of any limitations contained within any international convention applicable to your travel arrangements.
8 YOUR RESPONSIBILITY
8.1 We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible for your actions and the effect they may have on others. If any authorised representative of ours or of our Principal considers that:
(a) your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or
(b) you are unfit to travel,
we may end your holiday and terminate your Contract. You and your travelling party will be prevented from using your booked accommodation, transport and any other travel arrangements forming part of your Accommodation Booking or Package and we will not be liable for any refund, compensation or any other costs you have to pay.
8.2 Alternatively at our discretion, you may be permitted to continue with your holiday but may have additional terms of carriage imposed upon you. See ‘In-Flight Safety’ in the All You Need to Know/Holiday Information sections of our site for further details.
8.3 In addition to the above and the effect your actions may have on others, you must particularly also bear in mind that you are responsible for your safety and that you are responsible for the condition of the property you occupy. We are not responsible for any accidents which occur anywhere on or within the Hotel or Lodges due to your inappropriate, or irresponsible behaviour.
8.4 We expect that you will enjoy your holiday with us. We appreciate that you may well drink alcohol as part of your enjoyment. You must, however, do so responsibly and we will have no liability to you for any injury, loss or damage you suffer as a result of your judgement being impaired wholly or partly by alcohol.
8.5 We will hold you and the members of your travelling party jointly and individually liable for any damage to the accommodation, furniture, apparatus or other materials located on, around or within the Hotel or Lodges, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately.
8.6 If your behaviour or the behaviour of any members of your travelling party causes any transport aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.
8.7 We cannot accept liability for the behaviour of others in your accommodation or flight, or for any facilities/services withdrawn as a result of their action.
9 TAXES, DUTIES AND LOCAL LAW
9.1 You are responsible for payment of any applicable duties and taxes arising in connection with your Accommodation Booking or Package. Where you book a Package, we will provide you with an indication of any applicable taxes or duties as part of the Additional Terms. However, please note that we have no control over these charges and cannot accurately predict their amount. Please contact us at email@example.com for further information before making your booking.
9.2 Please also note that you must comply with all applicable laws and regulations during your stay in Kenya. We will not be liable for any breach by you of any such laws.
10 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11 DATA PROTECTION
All notices given by you to us must be given to Masai Mara Wilderness Lodge (UK) Limited at DS House, 306 High Street, Croydon CR0 1NG, UNITED KINGDOM or firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when making a booking, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our site, twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter within the UK or five (5) days from anywhere else in the EU. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us made as a result of an Accommodation Booking or Package is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under or in connection with it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of such Contract.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our, or our Principal’s or any third party supplier’s obligations under a Contract (where applicable) that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack or any other criminal or terrorist activity, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or adverse weather conditions;
(d) building or development works local to the accommodation booked in connection with your Accommodation Booking or Package;
(e) failure (however temporary) in the supply or availability of utilities to any accommodation booked in connection with your Accommodation Booking or Package (including, without limitation, water and electricity);
(f) nuclear disaster;
(g) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, including the closure or congestion of airports or ports;
(h) impossibility of the use of public or private telecommunications networks;
(i) the acts, decrees, legislation, regulations or restrictions of any government; and
(j) pandemic or epidemic.
14.3 Our performance and the performance of our Principal or any third party supplier (where applicable) under any Contract is deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.4 In particular, where a Force Majeure Event occurs, we reserve the right to alter or cancel your Accommodation Booking or Package as we see fit in accordance with the Accommodation Terms.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Booking Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Booking Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Booking Terms or any other term forming part of the Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these Booking Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17 ENTIRE AGREEMENT
17.1 These Booking Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Booking Terms or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18 OUR RIGHT TO VARY THESE BOOKING TERMS
18.1 We have the right to revise and amend these Booking Terms from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you enter into a Contract with us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of the change to those policies or terms and conditions before we send you the Accommodation Confirmation or Package Confirmation (in which case we have the right to assume that you have accepted the change to the relevant terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the relevant booking confirmation).
19 LAW AND JURISDICTION
Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20 THIRD PARTY RIGHTS
A person who is not party to these Booking Terms, the Accommodation Terms, the Additional Terms, any Supplier Terms, a Contract or any other applicable terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it.
Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate