Please read these booking conditions carefully. All the terms are important, but,
WE SPECIFICALLY DRAW YOUR ATTENTION TO THE FOLLOWING CLAUSES BELOW
3. Our right to cancel if you do not pay the balance of the Holiday Price
8. Your obligation to tell us anything that might affect your participation or the enjoyment of others.
11. Putting a limit on the amount we would have to pay you if you claimed against us.
14. You must take out your own insurance
These conditions of booking and information on this website set out the terms upon which on which you contract with us. They shall be governed by and construed in accordance with English law, being subject to the jurisdiction of the Courts of England and Wales.
No variation shall be of any effect unless in writing and by the authority of us.
In these conditions the following meanings shall apply
“We” “ us” or “our” will mean and refer to Brackenbury’s Britain Limited
“You” will mean the contracting customer and all those on whose behalf you act.
“Holiday Price” shall mean the total cost of all holidays that are the subject of any one booking.
1. Customer Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 provide protection for customers purchasing package tours (as defined) to protect against a company’s insolvency in the following situations:
- non-flight packages commencing in and returning to the UK;
- non-flight packages commencing and returning to a country other than the UK; and
- flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation.
Brackenbury’s Britain complies with its statutory obligations in this respect by operating a separate trust account in which are held all relevant funds until completion of the relevant holiday.
Further details are available on request.
2. Booking and deposit
In booking a holiday with us, you confirm that you do so as agent for and with the express authority of each individual in your party. On your own and their behalf you expressly agree to be bound by these terms and conditions in so doing.
The deposit to be paid in respect of each individual holiday will be £100 is accepted as a first instalment of the Holiday Price. However our receipt of any such deposit does not constitute acceptance of the booking. If a booking cannot be accepted, notification and refund of any deposit will be sent as soon as possible.
A binding agreement comes into force between you and us when we send you a confirming invoice, usually within 7 days of payment of the deposit. You should carefully check the details on such invoice and advise us immediately you receive it if there are any mistakes contained within it. If you do not, subsequent changes may have to be treated as an alteration by you.
Payment may be made by debit or credit card when making a booking by phone or via our website. A 2.0% charge is made for payments paid by credit card and any cards issued outside the UK.
If paying by cheque, you agree to send Us such cheque immediately upon a booking being made.
3. Payment of the balance
The balance of the Holiday Price must be received by us no later than 56 days before the start of the holiday.
If you do not pay the balance of the Holiday Price by that date then we reserve the right to cancel your holiday, retain your deposit.
If you paid your deposit by credit or debit card we will assume that you want to pay the balance the same way and we will debit your card on the due date unless otherwise advised. A 2.0% charge is made for payments paid by credit card and any card issued outside the UK.
If you book within 56 days of the start of the holiday, the whole of the Holiday Price must be paid in full at that time.
4. If you alter your booking
If after your booking has been confirmed you wish to transfer to a different holiday or start date we will make every reasonable effort to satisfy your requirements provided that written notification is received at our offices from the person who made the booking no later than the date on which the balance of the original Holiday Price is due for payment.
We reserve the right to treat alterations made within 56 days of the start of your holiday as a cancellation by you of the original holiday and a new booking for a different holiday. As a consequence, we also reserve the right to apply the cancellation charges set out in clause 6 below but will not do so if we are able to re-sell the holiday
If after your booking has been confirmed you wish to transfer that booking to another person who satisfies all the conditions applicable to the holiday, you may do so do so if you notify us no later than 14 days before the start of the holiday provided that you, as transferor of the holiday, remain jointly and severally liable together with any such person for the payment of the balance that might be due. A £50 administration fee will be payable for each such transfer.
5. If we alter your booking
If we have to alter your holiday before its start date, where an alteration does not fundamentally alter the nature or quality of your holiday we will, if practicable, advise you before its start date, but we will not pay you compensation. When an alteration is significant (for example an alteration involving a major change of itinerary or offering accommodation with a lower rating), we will advise you as soon as is reasonably possible. You will then have the choice of accepting the alteration, taking an alternative holiday (and where this is of a lower price, we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid.
Please also see clause 10 “Website Accuracy” below.
6. If you cancel the booking
If you or any member of your party wishes to cancel their booking, written notice, signed by you must be served upon us. We will accept electronically signed letters but the onus of proof of delivery will be upon you.
The cancellation charges that we will levy for any booking cancellation will depend on the date upon which we receive notice of such cancellation as set out in this clause 6 below
More than 56 days before start date – deposit only
55 – 28 days before start date – 75% of the total cancelled holiday cost
27 – 15 days before start date – 90% of the total cancelled holiday cost
14 days or less before start date – 100% of the total cancelled holiday cost
Nevertheless we will take reasonable steps to keep our losses to a minimum and will reimburse those elements we might recover either by reselling your holiday if we are able or by making savings with our own suppliers
7. If we cancel the booking
If, for whatever reason, we have to cancel your holiday before its start date you will have the choice of taking an alternative holiday or withdrawing from the contract and accepting a full refund of all monies paid. If the alternative that we offer and you accept is of lower value than the original we will of course refund the difference.
Additionally you are entitled, if appropriate, to be compensated by us for the non-– performance of the agreement in the event we cancel the holiday if we do so less than 28 days before the start date when we will pay you £25. If we cancel less than 14 days before the start date, we will pay you £50. However, we will not pay you any such compensation where :
(a) the holiday is cancelled because the number of people who agreed to take it is that is less than the minimum number required, and you are informed of the cancellation in writing within the period indicated in the holiday description; or
(b) the holiday is cancelled by reason of unusual and unforeseeable circumstances beyond our reasonable control that could not have been avoided even if reasonable care had been exercised
We will however not cancel your holiday less than 56 days before the holiday start date unless you are in default of payment of an outstanding balance or unless it is necessary to do so as a result of any event beyond our reasonable control.
8. Your obligation to tell us of material facts and our right to refuse bookings and to require guests to leave holidays
You agree to tell us if you are aware of any facts, medical or otherwise that might affect your ability to fully engage in any activity involved in any holiday you book or that might unreasonably affect other’s enjoyment of it. Should it be reasonably necessary and lawful for us to do so, we reserve the right to refuse a booking or to ask any person already with us taking a holiday to leave such holiday in the event of any material non disclosure under this clause 8 or conduct which in our reasonable opinion is likely to cause distress, damage or annoyance to guests, employees, property or to any third party. This includes any guest who fails to advise us of a medical condition or of a disability which prevents their full participation in a holiday programme or which would adversely affect the enjoyment of other guests to an unreasonable degree. If we are not so informed we cannot be held responsible for any inconvenience or costs incurred by you. This may involve our refusal to allow you to complete the remainder of your holiday. Cancellation charges of 100% would apply in these circumstances.
We will not impose any surcharges on the price of your holiday
10. Website accuracy
The information given on this website we believe is correct. However, we reserve the right to make changes.
Our descriptions are provided by us in good faith and every care is taken to ensure accuracy. However, it is right to point out that advertised facilities may be subject to change by the various suppliers concerned. For example, there may be occasions when an advertised facility or activity is not available during your own holiday. This may be due to insufficient numbers, weather or operational or maintenance reasons. Equally we reserve the right to change the identity of named leaders without prior notice but will always take reasonable steps to see that they are replaced with individuals of similar knowledge..
11. Our responsibility and liability to you
(i) Subject to clauses 5 and 10 above we accept responsibility should any part of your holiday arrangements booked with us in the UK not be as described on our website or not be of a reasonable standard, and in such instance will pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances.
(ii) We do not restrict your ability to claim if you suffer death or personal injury if such event is due to our fault or that of our servants, agents or suppliers.
(iii) Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount of compensation you will receive may be limited in accordance with the provisions of any relevant International Conventions, namely the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955), the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962.
(iv) If you make a claim against us in circumstances where you might also have a claim against a third party but choose not to do so then you agree that you will transfer the whole or such part of the benefit of such a claim as is reasonable to us upon our request or that of any relevant insurer of ours.
(v) Other than in relation to claims for personal injury or death due to our negligence or that of our servants agents or suppliers our liability to you howsoever arising will be limited to a figure not exceeding a sum three times greater than the cost of the holiday you purchased from us. Furthermore, we will not be liable to you for any indirect, unforeseeable or consequential loss
12. Parental responsibility
Parents or guardians undertake to accept full responsibility and supervision of and for their children at all times.
13. Passports, Visas and Health
If you are an overseas visitor, it is your own responsibility to check that your passport, visa or health certificate is in order before travelling to the UK. We cannot accept responsibility for any delay or expense incurred through irregularities in your documents. Neither would we be able to refund your holiday cost in full although we would take reasonable steps to keep our losses with our own suppliers to a minimum and would reimburse those elements we could recover.
We do not provide you with any insurance product or advice but we do strongly advise you to take out appropriate cancellation and medical insurance before booking with us.
15. Our complaints procedure
If you have a complaint during your holiday you must notify us (or one of our staff) and we will do our best to resolve the problem. Should it not be possible to resolve your complaint there and then, you should write to our Nottingham office and address set out on the website. It will be more difficult to deal with your claim or complaint if you do not follow this procedure. Any complaints will be thoroughly investigated. Sometimes investigations can take time, especially when awaiting a response from suppliers but we aim to settle all complaints amicably and as quickly as possible.