By making a booking you accept these terms and conditions.
Booking Conditions and Airline Liability Statement
Please read these booking conditions carefully as they form the basis of your contract with Explorers Travel Club Ltd. All flight reservations are subject to these booking conditions and also the conditions of carriage of the “Carrier” shown on your air ticket or on the e ticket for applicable flights.
1. Booking your flight and payment
To make a confirmed booking reservation, the first named person (who must be at least 18 years of age) should complete the relevant form on the company’s web site or alternatively telephone the company. The first named person acts on behalf of all party members. Bookings made by telephone, over the Internet, by e mail or any other electronic medium shall have the same effect as if they had been made in person. All names provided by you must be exactly the same as the names shown on the passports of the persons travelling. Please check the details on your booking carefully to ensure they fully accord with your requirements. You are strongly advised to take out a suitable travel insurance policy to cover your journey. This website is our sole responsibility. It does not commit any independent organisation/carriers whose services are featured in it. Full payment is due at the time you make your reservation.
2. Your Contract
A binding contract between us will come into existence when we issue our Confirmation of your booking. These booking conditions form the basis of that contract. They may only be varied by a director of Explorers Travel Club Limited in writing. Your contract is governed by English law and is subject to the exclusive jurisdiction of the Courts of England and Wales.
We reserve the right to make changes to advertised prices at any time before your flight is confirmed. When we confirm your flight, the price is guaranteed against any further change.
4. Amendment by You
Should you wish to make any changes to your booking after it has been confirmed the cancellation charges shown below will apply. An amendment fee of £25 will be payable for changes to the spelling of any name on the booking. Name changes are not permitted.
5. Cancellation by You
You have an option to cancel your holiday arrangements which must be exercised in writing. The fees for the exercise of this option are shown below. Notice of exercise of your option to cancel should be sent to us by Recorded Delivery.
Period before departure within which written notification of cancellation is received by us and the applicable fees:
More than 21 days / 65% of total cost
20 days to 7 days / 80% of total cost
less than 7 days / 100% of total cost
Depending on the reason for your cancellation, you may be able to claim a refund of the above fees from your insurance company if you have taken out an appropriate travel insurance policy.
Special Note - if you fail to check-in for a flight sector, all other flight sectors on your itinerary will be cancelled at that time unless you have informed us of your intention to utilise other setors.
6. Changes by Us
We reserve the right to make changes to your booked arrangements at any time both before and after bookings have been confirmed. Most changes will be minor ones. Occasionally, it is necessary to make a significant change. A significant change is one made before departure involving a change of outward or return international flight time by 12 hours or more, a change of UK departure airport to one which is more inconvenient for you (except as between Heathrow and Gatwick and vice versa). In the event of a significant change, we will advise you as soon as possible and give you the choice of:-
(a) accepting the changed arrangements as notified to you; or (b) purchasing different arrangements from us, of at least the same standard if available or (c) cancelling your arrangements and receiving a full refund of all monies paid to us.
If we have to make a significant change within 14 days of departure, we will in addition pay you compensation in accordance with the scale set out below except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances may include those amounting to “force majeure” as set out in clause 9 below. Compensation is not payable in the case of minor changes. Minor changes further do not entitle you to cancel or change to another date without paying our normal charges. In all cases, our liability is limited to the payments set out in the scale below and we cannot be responsible for any costs or expenses you may incur as a result of any change.
Period before scheduled departure date within which a significant change is notified to you, and compensation per person - More than 14 days - Nil, 14 days or less - £30.00
7. Cancellation by Us
Occasionally, it may be necessary to cancel previously confirmed arrangements which we reserve the right to do. Where your arrangements are cancelled other than due to your default in payment, we will offer you the choice of either purchasing alternative arrangements from us, if available or receiving a full and immediate refund of all monies paid to us.
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 9 (1) below) as a result of “force majeure” Force majuere includes any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, terrorist activity, governmental action and all similar circumstances beyond our control.
(1) We promise to make sure that the flight reservations we have agreed to arrange as part of our contract with you are arranged with reasonable skill and care. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or (b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or (c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you suffer any problems because of a reason you did not tell us about when you booked your flight 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 or where any losses, expenses, costs or other sum you have suffered relate to any business.
(2) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total.
(3) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the flight arrangements (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider for the complaint or claim in question.
If you are unhappy about any aspect of your arrangements, you must inform our ground agents together with the supplier of the service concerned immediately. You must make every effort to bring problems to the attention of ourselves and the supplier so that they can be resolved and to mitigate any losses, expenses or costs you incur. Once we and the supplier concerned are aware of the problem, everything reasonably possible will be done to quickly resolve it. If you remain dissatisfied, you must write to us giving full details of your complaint within 29 days of your return to the UK (e mail messages are not acceptable in this context). We regret we cannot accept liability in relation to any complaint which is not notified entirely in accordance with this clause.
11. Air Travel
At the time of publication, we are not in a position to confirm the airlines, aircraft types and/or airports of destination which will be used in connection with your arrangements. Where this information is provided prior to departure (as will usually be the case) a subsequent change at any stage will be treated as a minor change and will not entitle you to cancel without paying the normal cancellation fee. All flight times shown in our brochure or given on booking are subject to change. Please ensure you carefully check all travel documentation and information relating to your arrangements as soon as it is received by you.
Unfortunately, delays in transportation (e.g. flights) can sometimes occur. We regret we cannot accept any liability in relation to any delays which are beyond our control or any expenses or losses you incur as a result. Depending upon terms of any insurance policy you have taken out, you may be able to seek reimbursement of any such expenses or losses together with compensation for the delay from the insurance company. We do not accept liability for loss of earnings or consequential business losses resulting from any delay and you should take out an appropriate insurance policy to cover such losses. In the event of your outward or return international flight being delayed, we will endeavour to arrange for the airline to provide appropriate refreshments if possible.
13. Conditions of Suppliers
In respect of all services, the conditions of the supplier concerned (e.g. airline, coach operator or other provider) will apply. Such conditions will often limit the supplier’s liability to you usually in accordance with applicable international conventions. Copies of these conditions are available from the suppliers concerned direct.
14. Pre-Departure and Overseas Contact
It is essential to ensure you provide us with a telephone number or address where you can be reached up to 24 hours prior to your departure and also contact details of your overseas accommodation.
15. Special Requests
If you have any special requests, please ensure you notify us in at the time of booking. We will endeavour to pass such requests on to the supplier(s) concerned. We regret however that we cannot guarantee special requests will be met and failure to do so will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met
16. Passport, Visa and Health Requirements
It is the party leader’s responsibility to ensure that all members of your party have all necessary passports, visas and health/vaccination certificates prior to departure. Requirements may change and you must check the up to date position in good time before departure. We cannot accept any responsibility if you are denied entry into any country or on to any flight due to inadequate travel documentation. Any costs or expenses incurred as a result will be your responsibility. Details of the current passport, visa and health requirements for the arrangements featured in this brochure which are applicable to British citizens are shown elsewhere in this brochure. A full British passport currently takes up to six weeks to obtain. Such requirements do change from time to time and you should accordingly check the up to date position in good time before departure. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. If failure to have the necessary travel or other documents results in fines or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
We, the tour director and any other person in authority (e.g. airline pilot or check-in supervisor) has the right to terminate the flight arrangements of any person whose behaviour, in our opinion or that of the person in authority, does or is likely to cause danger, distress or annoyance to themselves or any of our other clients, employees or any third party or to cause damage to property. In this event, our responsibility for the person concerned (including any continuing/return travel arrangements) will immediately cease and we will not be liable to meet any expenses or costs incurred as a result, make any refund or pay any compensation.
Airline Liability Statement
The following statement has been issued by Astraeus Airlines. Other airlines used in this programme have similar conditions and details are available on request.
WARNING: The text of the notice below is required by European Union legislation but it is not a wholly accurate or complete description of the carrier's liabilities. It cannot be used as a basis for claims for compensation or interpretation. In all cases the carrier will only be liable for claims for which legal liability is established. A "Community air carrier " means an air carrier with a valid operating licence granted in accordance with EU Regulation (EEC) No. 2407/92.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100 000 SDRs (approximately £82,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximately £13,000).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRs (approximately £3,500).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRs (approximately £820).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRs (approximately £820). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
NOTE: A Community air carrier's liability is as provided by the Montreal Convention of 1999 and the EU Regulation (EC) No.2027/97 as amended by No. 889/2002. Astraeus is a Community air carrier . The Montreal Convention may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay. For claims made in jurisdictions where these provisions are not in force, to the extent not in conflict with the special contractual terms adopted by a Community air carrier, the Warsaw Convention of 1929 (and any amendments to it that may be applicable) may apply and may limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.