TERMS AND CONDITIONS
Please read the following notice as it is your contract with The Kids and Me LLP and clearly lays out what you have agreed with us.PLEASE READ CAREFULLY:
The Kids and Me LLP (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated. Please note, the information appearing on our website also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or information on our website.
1. Your Tour Contract
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. 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 (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only. No employee of the Company other than a Member has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. To Secure your booking
To secure a booking, the Company must receive payment of the total tour price. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions:
a) they and all persons named on the booking have read and accepted our booking conditions and general information pages contained in any printed material and/or on our website;
b) they and all persons named on the booking appreciate and accept the risks involved in adventure holidays and travel;
c) they or anyone else on their booking does not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the holiday – if any person suffers from any such medical condition or disability, please contact us before making your booking as referred to in clause 10 below so that we can advise.
d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice to the client who makes the booking. It is at this point that a contract between the Company and the client comes into existence. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease prices. The Company reserves the right to decline any booking at their discretion. If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by email. Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to web@thekidsandme.co.uk
3. Payment for your Holiday
All monies due, including any surcharges applicable at that time, must be received by the Company at the time of booking. If monies due are not received then the Company reserves the right to cancel your booking and cancellation charges will apply. Any monies paid by you to the Company will be held in a trust account with the Travel Trust Association, until released as per their guidelines. You can pay by cheque, credit or debit card. We accept Visa, Mastercard, Maestro/Solo.
4. If you change your booking
a) An administration fee of £25 per booking plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 45 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges below. Changes are subject to availability. For an administration fee of £25 per booking, you can request a credit voucher for the value of any cancelled booking. This must be redeemed within 6 months of issue against a new booking. The voucher is not transferable and cannot be exchanged for cash. No refund will be provided if the cost of the new booking is less than the value of the credit voucher.
b) If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However the tour arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of £40 per person transferring his/her place if the Company is advised up to 45 days before holiday start date or £100 per person if advised after that date, together with any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made.
5. If you cancel your booking
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by the Company or their authorised travel agent as a percentage of the total tour price per person cancelling. The cancellation charges shown below are those which will apply to most tours. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges for cancellations up to 90 days before holiday start date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour.
a) up to 45 days before holiday start date –10%
b) up to 30 days before holiday start date – 30%
c) less than 30 days before holiday start date – 100%
Amendment charges and any insurance premiums are not refundable in the event of cancellation.
6. If you have a complaint
Should the client have a complaint about any of their holiday arrangements, the client must tell both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on tour they should notify the Company in writing within 28 days of their return from tour.
7. Passports, Visas and Vaccinations
Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
8. Travel and cancellation insurance
Travel Insurance is mandatory for all clients whilst on a tour organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, mountain rescue, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover. Clients making their own arrangements should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their tour. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.
9. Consumer protection
We are a member of the Travel Trust Association (“TTA”). This means that TTA assures that your money is 100% financially protected. This is achieved in two ways. Every Travel Trust Association member deposits your money into the Trust Account. A Trust Account is a bank account designated to hold the clients' money. Your money remains in the Trust Account is supervised by an appointed Trustee from the TTA, who is either a banker, chartered or certified accountant or a solicitor. Both the Travel Trust Association members AND the Trustee are required to authorise payments from the Trust Account. In addition to being held in trust, your monies are also insured.
When your booking is confirmed you will receive a Stand Alone Safe Seat Plan. This is an insurance policy, which is issued on your behalf by the Travel Trust Association member. If your money is not in the Trust Account, the Stand Alone Safe Seat Plan policy will reimburse the loss of any amount paid to a Travel Trust Association member up to the value of £11,000 per passenger. So if a supplier goes bankrupt, your money is protected.
We do not arrange flights or travel to your holiday. This you must arrange yourselves and ensure adequate protection with the appropriate party.
10. Tour participation and client responsibility
Clients agree to accept the authority and decisions of the Company’s employees, tour leaders and partners whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority, the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (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. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
11. If we change your tour
While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our the website at any time before or after your booking is confirmed. Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour. Significant changes are likely to include the following changes when made before departure; a change of the duration of your tour of 12 or more hours, or a major itinerary change over more than a single day. If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost if applicable), purchasing another available tour from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the tour with a full refund of all monies paid to us. If we have to make a significant change before departure we will as a minimum, where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change is notified to you or your travel agent subject to the following exception. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change 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 are likely to include those listed in clause 13 “Force Majeure”. No compensation will be payable and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post tour accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour. Period of notification given Compensation to you or your travel agent per person
More than 42 days: Nil
41-28 days: £20
27-14 days: £30
13 days-date of travel: £40
Very rarely, we may be forced by "force majeure" (see clause 13) to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
12. If we cancel your tour
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 4 weeks before the start of the tour except for force majeure (see clause 13), consolidation / cancellation of tours where minimum numbers have not been achieved or the client’s failure to make any payments (including any surcharges) when due. Please note our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 4 weeks before the start of your tour. If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative tour offered as a result of consolidation or another available tour from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us excluding Annual Insurance premiums if applicable. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment of other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your tour. In addition, we will as a minimum, where compensation is due, pay you the compensation set out in the table in para 11 above depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to cancel 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 are likely to include those listed in clause 13 “Force Majeure”) or (2) we have to cancel because the minimum number of participants necessary for us to operate your tour has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
13. Force Majeure
Except where otherwise expressly stated in these 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 injury, damage, loss or expense of any nature as a result of "force majeure". In these conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
14. Our responsibility for your tour
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure holidays and that they undertake the tours, treks or expeditions featured in our programme at their own volition. (1) We promise to make sure that the tour 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 conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a 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 tour 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), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or 'force majeure' as defined in clause 13 above (3) Please note, 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 any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. 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 regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question. (5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment). Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250 per person affected unless a different limitation applies to your claim under clause 15(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding 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 15 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour. (6) Where any claim or part of a claim (including those involving death or personal injury) concerns any stay in a hotel, 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 or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question were that claim made against it .Please note where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. (7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which 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 (2) which 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. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business. (8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If You have a Complaint. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
15. Flights / transport/ delays
Subject to clause 12 “If we Change your Tour”, we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. If you incur payments for services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations.
16. Late bookings
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours. For bookings received within 6 weeks of the start of your tour (or at an earlier stage for certain tours), we reserve the right to pass on any extra costs incurred.
18. Brochure / Website / Advertising Material Accuracy
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.
October 2010. The Kids and Me LLP. Registered office: 9 Calverley Park Crescent, Tunbridge Wells, Kent TN1 2NB