Terms and conditions

BOOKING CONDITIONS 

 

The following booking conditions form the basis of your contract with Creatour World Limited trading as CreaTour of Unit 3 Shelley Farm Shelley Lane, Ower, Romsey, Hampshire, England, SO51 6AS, a company registered in England with company number  12873013.  Please read them carefully as they set out our respective rights and obligations.  By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

 

Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “trip”,  “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires.  “We”, “us” and “our” means Creatour World Limited. References to “departure” are to the start date of the arrangements we have contracted to provide. 

 

Where you are making a booking from the UK any reference to an EU regulation in these booking conditions should be taken to mean the UK legislation which replaces (or has replaced) that EU regulation and/or any EU regulation which continues to have effect in the UK as a result of being incorporated into UK law (in all cases referred to as 'retained EU law'). Changes to retained EU law are likely to be made over time. Reference to any EU regulation in these booking conditions is intended to refer to the relevant retained EU law at the applicable time. 

 

The Package Travel and Linked Travel Arrangements Regulations 2018 will apply to your contract. For more information on your rights under these regulations please see the link https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents.

 

1. Making your booking

 

To make a booking, the first named person on the booking (“party leader”) must complete and submit a booking request form. The party leader and all persons named on the booking must be at least 18 to go on holiday with us. At the date the booking is made the party leader must be at least 18. They will be responsible for making all payments due to us.  This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking.   By making the booking request form, the party leader confirms that he or she is so authorised.    

 

It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking.  See clause 9 on the subject of insurance. 

 

Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader.  Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out.  We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.  

 

All holiday prices include the accommodation, transport, activities, sightseeing, meals and services of a tour leader described in the itinerary and specified in the booking confirmation. None of our holidays include flights or other transport arrangements to the start point of the tour, visa or passport fees, travel insurance, personal expenses or optional extra activities. 

 

If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to customerhelp@creatour.com.  

 

2. Payment

 

In order to confirm your chosen holiday, a deposit (or full payment depending on the date of departure) must be paid at the time of booking. You will be notified of the applicable deposit prior to booking, most deposits are 30% of the total holiday cost.  

 

The balance of the holiday cost must be received by us not less than 90 days prior to departure. The balance due date will be shown on the confirmation invoice.  We will make every effort to help you by sending a reminder email at least 90 days before your holiday and will follow this up with a phone call if payment is not received, but we cannot guarantee that you will receive these reminders and if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking.   In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.

 

3. Your contract

 

A binding contract between us comes into existence when we issue our confirmation invoice to the party leader.  

 

We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. 

 

We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).  

 

4. The cost of your holiday

 

Please note, changes and errors occasionally occur.  You must check the price of your chosen holiday at the time of booking.

 

We reserve the right to increase or decrease the prices of unsold holidays at any time. We also reserve the right to increase or decrease and correct errors in advertised prices at any time before your holiday is confirmed.

 

Our prices are shown and confirmed in US dollars. Payments must be made online in accordance with our payment terms which will be confirmed at the time of booking. 

 

Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances.  Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package. 

 

You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday. 

 

If any surcharge is greater than 8% of the total holiday cost (excluding insurance premiums and amendment charges), clause 10 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

 

Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

 

5. Special requests and medical conditions / disabilities / reduced mobility / allergies / special dietary requirements

 

If you have any special request, you should advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.  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. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice. 

 

Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility.  However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. 

 

Should you suffer from any medical condition, disability, significant reduction in mobility or significant allergy which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking.  In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability, reduced mobility or significant allergy which may affect your holiday develops after your booking has been confirmed.   

 

We will advise our suppliers of any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst on holiday.  Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this. 

 

6. The nature of the holidays we offer 

It is a fundamental condition of your booking that you accept the hazards involved in the sort of tours we operate. We operate in remote areas, terrain may be rough or rugged, most tours require some degree of physical effort which may be more than you are used to.  

You agree that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the booking documentation is indicative only of the types of activities contemplated, it is not a guarantee that a particular route will be followed or place reached. The route, schedule, itinerary, amenities and mode of transport may be subject to alternation without prior notice. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. 

You must have a level of fitness commensurate with your chosen tour. 

It is your responsibility to ensure that you have suitable footwear, waterproof clothing and other items when participating in our tours. We will provide a kit list prior to travel. 

Where we our supplier provides safety equipment you must use it or wear it as instructed.  If you wish to use your own safety equipment you must ensure that it is adequate to meet the conditions. If, in our, or our supplier’s, reasonable opinion, the equipment is not suitable we and/or our supplier has the right to insist you use the equipment provided by us or our supplier.  

Our group tours are run by tour leader. In booking a group holiday with us, you agree to abide by the authority of your tour leader, who represents us. The decision of the tour leader as to the conduct, itinerary and objectives of the trip is final. If, in the reasonable opinion of the tour leader, your behaviour or physical or mental condition is such that it may be detrimental to the safety, welfare and/or wellbeing of the group as a whole (which are the paramount considerations), or if the tour leader considers your general wellbeing will be put at risk by continuing with the holiday, you may be asked to leave the trip. In this event, our contractual obligations in respect of the remainder of your holiday will come to an end and, save that we will provide reasonable assistance and specified in clause 14, we will have no further responsibility to you. You will not be entitled to any refund for unused or other services or to payment of any expenses or compensation. See also clause 15 relating to behaviour and damage.  

Our suppliers will have their own terms and conditions that also apply to the arrangements we offer (see clause 16). 

7. Changes by you

 

Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible by email to customerhelp@creatour.com. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such request.  Where we can, an amendment fee of £50.00 per person will be payable together with any costs or charges incurred or imposed by any of our suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.

 

You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50.00 must be paid before the transfer can be effected. 

 

As certain arrangements cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a cancellation charge of up to 100% of the sums paid and the applicable cost of rebooking the service. The rebooking will always be subject to availability and to the payment of the full cost of the new reservation.

 

8. Cancellation by you

 

You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 7. If you want to cancel your booking after we have confirmed it, you must do so by e-mail to customerhelp@creatour.com or by posting or hand delivering written notice of cancellation to us. Your notice of cancellation will only be effective when it is received in writing by us at our offices. These charges will usually be those set out below but may sometimes be higher to reflect our suppliers’ cancellation charges. You will be advised at the time of booking where this is the case. In calculating these cancellation charges, we have taken account of possible cost savings, and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).  

 

Period before departure within which written Cancellation charge per 

notification of cancellation is received by us person cancelling

More than 91-days before departure 10% of the holiday cost

61 – 90 days before departure 30% of the holiday cost

42 – 60 days before departure 50% of the holiday cost

29 – 41 days before departure 70% of the holiday cost

28-days or less before departure 100% of the holiday cost 

 

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned after you have paid the applicable cancellation charge to us. 

 

Where any cancellation reduces the number of full paying party members below the number on which the price and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

 

We will not make any refunds in respect of any unused element of your holiday, including but not restricted to, accommodation, land arrangements or guiding. 

 

9. Insurance

 

It is a condition of our acceptance of your booking that you obtain appropriate travel insurance. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.) 

 

Please be aware that any advice against non-essential international travel (including as a result of covid-19) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance. 

 

Please read your policy details carefully and take them with you on holiday.  It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.  We do not check alternative insurance policies.  

 

10. Changes and cancellation by us

 

(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 10. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 5. Where we have to do so, clauses 10(4) and 10(5) will apply.

 

(2) All alterations which are not significant in accordance with clause 10(1) will be treated as insignificant changes. Please refer to clause 6 (the nature of the holidays we offer). In booking one of our tours, you are taken to have agreed that the confirmed itinerary is not contractually binding and that while we will endeavour to provide this, changes may be made as referred to in clause 6. Occasionally, we have to significantly change your itinerary before departure. Taking account of clause 6, this will be the case where the changed itinerary is materially different to that confirmed at the time of booking. Covid-19 and the action being taken to manage its effects (including face masks/coverings and health passes / vaccination certificates) may have an impact on holiday arrangements for a considerable period of time. Measures may be re-introduced or changed with little or no prior notice. Greater flexibility may therefore be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which covid-19 related measures has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.

 

(3) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday, usually this number is 25. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 20 days before departure.

 

(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a credit note valid for up to 2 years from the date received or a full cash refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. 

 

(5) If you choose to cancel your booking in accordance with clause 10(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 11).

 

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 11) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 10(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 10(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 8 will apply. 

 

(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 10(6) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.

 

(8) In the event that unavoidable and extraordinary circumstances (see clause 11) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 10(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation. Please note, certain situations arising from or in connection with the covid-19 pandemic may constitute unavoidable and extraordinary circumstances.  However, this does not mean they will entitle you to cancel and receive a full refund as set out in this clause or in regulation 12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018. 

 

11.    Unavoidable and Extraordinary Circumstances

 

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 obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances.  In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances also include the covid-19 pandemic and its impact on travel.  When we refer to the covid-19 pandemic in these booking conditions, we mean the pandemic resulting from the illness or disease caused by the novel coronavirus which is now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutations or variants of the same and/or any other coronavirus (and its mutations and variants) which is treated as part of the same pandemic and/or another pandemic however described. 

 

12. Our Liability to you

 

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.  This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.  In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). 

 

(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-

 

- the act(s) and/or omission(s) of the person(s) affected; or

 

- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or

 

- unavoidable and extraordinary circumstances as defined in clause 11 above.

 

(3) We cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which your accommodation or any other supplier including the event or festival organisers agrees to provide for you where the services or facilities are not advertised by us on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. Please also see clause 18 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

 

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 12(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

 

(5) Except as set out in clause 12(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 12(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

 

(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 12(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s). Such conventions and regulations include the Warsaw Convention as amended or unamended, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and for airlines with an operating licence granted by an EU country, the Regulation (EC) No 889/2002 on air carrier liability in the event of accidents, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol), and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim.  When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

 

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self employed earnings).

 

13. Complaints and claims procedure

 

In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately inform our tour leader, local representative or agent (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our tour leader, representative or agent and the supplier as soon as possible. If we do not have or you cannot contact our local tour leader, representative or agent and/or the situation is not resolved to your satisfaction within a reasonable time, you must contact us in the UK as soon as possible by email to customerhelp@creatour.com stating your issue. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it.  Most issues can be dealt with quickly. 

 

In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 28 days of your return from the holiday. 

 

If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 12(5), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result. 

 

14. Assistance whilst you are on holiday

 

In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

 

15. Behaviour and damage

 

When you book with us, you accept responsibility for any damage or loss you cause.  Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

 

We expect all clients to have consideration for other people.  If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned.  In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation.  We will have no further responsibility toward such person(s) including any return travel arrangements.  No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.

 

16. Conditions of suppliers

 

Many of the services which make up your holiday are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions.  Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions or EU regulations (see clause 12(6)).  Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.

 

17.       Excursions, activities and general area information 

 

We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. Unless any such activities are expressly included in your holiday we have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 12(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

 

We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.

 

18. Passports, visas and health requirements

 

It is your responsibility to meet all applicable entry and other requirements of your destination country (ies) as well as those applicable on your return home. You must ensure that all your travel documents (physical and electronic), including your passport, visas / visa waivers, evidence of covid-19 vaccination and/or negative test, evidence of any other health related requirement and currency are in order, meet all applicable requirements and are valid for travel. All costs incurred in meeting all requirements applicable to your holiday must be paid by you. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport or entry into your destination country. We cannot accept any liability and cancellation charges will apply (as set out in clause 7) if you are refused entry onto any transport or into any country, or decide not to travel, due to failure (or inability) on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/covid-19 related ones). 

The passport and visa requirements applicable to the holidays we offer are shown https://www.geoconsul.gov.ge/HtmlPage/Html/View?id=956&lang=Eng. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking, and in good time before, and close to departure. Requirements may change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the covid-19 situation. You must also keep up to date with this information while you are away. 

 

A British passport would usually take approximately 3 to 6 weeks to obtain but may take longer.  If any member of your party (who is a British citizen) is 16 or over and hasn't got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.   

 

Details of any compulsory health requirements applicable to your holiday are shown [https://www.geoconsul.gov.ge/HtmlPage/Html/View?id=211&lang=Eng]. Please note, where you are booking well in advance of departure or at a time when requirements are changing, or can be expected to change (for example, as a result of the covid-19 situation), we may not be in a position to provide you with the relevant information at the time of booking. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related measures (including those which are introduced to deal with covid-19) in good time before departure. You must also keep up to date with the latest information in respect of covid-19. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. 

 

Existing issued EHIC (European Health Insurance Cards) remain valid until they expire even though the UK has left the EU. When your EHIC expires, or if you have not had an EHIC, you can apply for a GHIC (Global Health Insurance Card) providing you are eligible for one. A GHIC provides the same cover as an EHIC. Certain individuals may also be able to apply for a UK issued EHIC after 31 December 2020. EHIC and GHIC are free to apply for. However, both EHIC and GHIC provide only limited access to healthcare whilst you are outside the UK which also varies from country to country. They also provide no cover in the event that you require medical repatriation to the UK. Neither an EHIC nor a GHIC offer comparable protection to travel insurance and are not a substitute for travel insurance. Accordingly, you must purchase appropriate travel insurance. For more information, visit https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/

 

Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of the required number of covid-19 vaccinations (which may include any recommended booster(s)) and/or a negative covid-19 test result prior to being allowed to board your flight or other transport or enter the country. It is your responsibility to ensure that your covid-19 vaccination status and documentation meets the applicable local requirements of your destination country(ies) including, without limitation, in respect of the number of vaccination doses you have received, the time interval between and since the last of these and the means by which this is to be proved. Vaccination requirements vary in different parts of the world including in respect of children. Where required, covid-19 tests must be taken within a short time (which may be within 24 hours) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes. If you are unable to travel due to a positive covid-19 test pre-departure, we will endeavour to assist in postponing or re-arranging your trip but the usual cancellation or amendment charges will be applicable.

 

In the event that you have not been vaccinated against covid-19, either at all or in compliance with the applicable requirements, you may be unable to enter your destination country(ies) or to access certain services (which may include, for example, cruises and indoor facilities such as restaurants and museums) and may encounter other difficulties. You will not be entitled to cancel (without payment of cancellation charges) or receive any refund and we will not have any responsibility for any costs or expenses you suffer as a result in any such situation.  

 

In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival. There may also be other entry requirements such as completion of an on-line form pre-departure, proof of travel insurance including covid-19 cover and downloading a local contact tracing app. Your previous travel history outside your home country may also impact on your ability to gain entry to your destination country.

 

It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. 

 

19.        Foreign Office Advice

 

The UK Foreign Commonwealth and Development Office publishes regularly updated travel information which is relevant to your holiday on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date UK border control measures are available at www.gov.uk/uk-border-control 

 

20. Financial security

 

Creatour World Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce in accordance with ''The Package Travel and Linked Travel Arrangements Regulations 2018'' all passengers booking with Creatour World Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation. Your money is fully protected and is held within an independent Trust Account, managed by Protected Trust Services Ltd (www.protectedtrustservices.com) of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants - Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.

 

You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

 

21. Brochure / website / advertising material accuracy

 

The information contained in on our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. Whilst every effort is made to ensure the accuracy of the website, quotations and prices at the time of publication/printing or when they are given to you, regrettably errors may occasionally occur and information may subsequently change.  You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.  

 

22. Safety standards

 

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK.  As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.

 

© Copyright 2021 MB Solicitors Limited trading as mb LAW of Studio 3, The Quays, Concordia Street, Leeds LS1 4ES tel +44 (0) 113 2424444   www.mb-law.co.uk    Ref: BC

Contacts

Feel free to contact us

Shelley Farm, Shelley Lane, Romsey, Hampshire, UK SO516AS
customerhelp@creatour.com
CreaTour World Limited LTD
+44 808 501 5724

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