Terms & Conditions
By making a booking, the first named person agrees on behalf of themselves and all persons shown within the booking that:-
- He/she has read and agreed to these booking conditions and has authority to and does agree to be bound by them;
- He/she is over 18 years of age;
- He/she accepts responsibility for payment of the booking on behalf of all persons shown within the booking confirmation invoice.
Cazenove + Loyd Limited is a company registered in England and Wales with company number 2702869 and has its registered office at Argon House, Argon Mews, London SW6 1BJ.
1. Booking, Confirmation and Payment
(a) In order to secure a booking you should complete and sign our booking form and return it to us together with a non-refundable deposit of 20% of the holiday price or, in the case of bookings made within 8 weeks of departure, the full holiday price will be payable. In some cases the deposit may be higher, but we will let you know at the time of booking if this is the case.
(b) We will then send you a written confirmation of the booking so as to establish a binding contract between us which will be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can, if you so wish, have jurisdiction to deal with any disputes relating to this contract subject to English law.
(c) The balance of the holiday must be paid not later than eight weeks prior to departure and if not received on time we reserve the right to treat the booking as cancelled by you and to levy cancellation charges as set out below.
(d) Non-Cancellable Booking Conditions: For peak date bookings (Christmas, New Year, Special Events etc.) , we will inform you of any elements of your booking which will be non-cancellable and non-refundable from the date of booking and full payment will required in relation to those costs at the time of booking.
(e) Set Departure Booking conditions: Because set departures are subject to minimum numbers and can be booked so far in advance of the departure dates, we reserve the right to cancel the set departure if the minimum numbers have not been achieved by a date notified to you at the time of booking. Where we are constrained to cancel your holiday by virtue of the number of persons enrolled for the Package being smaller than the minimum number stated in the booking, we will not cancel your holiday any later than the number of days specified below from the date your holiday is due to commence:-
- Trips lasting more than 6 days – no later than 20 days before departure.
- Trips lasting between 2 and 6 days – no later than 7 days before departure.
- Trips lasting less than 2 days – no less than 48 hours before departure.
Therefore, bookings taken for set departures will be regarded as registrations and the deposit as a registration fee. Final arrangements will be confirmed subject to minimum numbers on or before the ‘notified date’ when the balance of your holiday cost will be payable. In the unlikely event that your selected holiday fails to achieve minimum numbers, you will be refunded your registration fee in full. We will endeavour to offer you a suitable alternative which will be available to you at the published price.
2. Alterations by you
If, after we have confirmed a booking, you request a change in the dates or content of your itinerary we will do our best to meet your revised requirements and reserve the right to charge an alteration fee of 2% of the holiday price but any such requests received within eight weeks before departure will be treated as a cancellation and re-booking and thus subject to cancellation charges.
3. Cancellation by you
(a) Cancellation instructions by you must be in writing and sent to our address as shown in your Booking Confirmation invoice or sent by email to the following email address: email@example.com. This will be effective on the day we receive them.
(b) Where we have informed you that a booking is non-cancellable, no refund will be made for cancellation, however we will use our best endeavours to try and obtain a measure of refund for you from the supplier and if successful will make such refund as we are able to obtain.
(c) Depending on when notification of cancellation is received, cancellation charges will apply as follows:
(d) Please note that with some group departures, there may be exceptions to this and we will notify you at the time.
(e) We cannot give any allowance or refund for meals, accommodation, transport or other pre-paid services, not taken when these are included in the holiday price nor once the holiday has started can we give any refunds for cancelling part of the holiday.
(f) If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the folllowing conditions:
1. That person is introduced by you and satisfies each and all of the conditions applicable to the booked holiday;
2. We are notified in writng of the request for transfer not later than 7 days before departure;
3. You pay the outstanding balance payment, and the amendment fee of £50.00 per person transferring, as well as any additional fees, charges and other costs arising from the transfer;
4. The Transferee agrees to these booking conditions, and all of the terms of the Contract between us.
5. Charges amounting to the full cost of any transferred flight and a replacement flight will be imposed in the event of any transfer.
You and the Transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 3(c) will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
(g) You have the right to cancel your holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which signifcantly affects the performance of the holiday or which signficantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.
For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human healthy such as the outbreak of serious disease at the travel destination or natural disasters such floods, earthquakes or weather conditions which make it impossible to travel safely to your destination.
4. Alterations or Cancellation by Us
Once your booking has been confirmed we will make every effort to provide you with the booked holiday arrangements. Occasionally, it may be necessary to amend or cancel the whole or part of your holiday.
We will notify you of any alteration or cancellation as soon as we reasonably can.
If, before the start of your holiday, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your holiday, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative holiday with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one.
If we make a significant change or cancel less than 14 weeks before departure, we will also pay you compensation as detailed below:-
You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund.
If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above.
If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.
Events Beyond Our Control
Please note that compensation will not be payable and we will accept no liability beyond offering you the options above where: (a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested aiports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or
(b) we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section 1(e) of these booking conditions; or
(c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or
(d) we make a minor change; or
(e) we make a significant change; or
(f) we cancel your arrangements more than 14 weeks before departure; or
(g) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.
If we are unable to provide a significant proportion of the holiday services that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge and if appropriate in all the circumstances we will pay you reasonable compensation.
Please note that a change in the time of your departure or return flight by 12 hours or less or a change of your UK departure airport between Heathrow, Gatwick, Stansted and Luton are not regarded as significant changes.
A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your holiday.
5. Prices and Increases
We reserve the right to alter the prices of any of the holidays shown in our proposed itineraries. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
(a) Unless otherwise stated the holiday price includes all the component parts of your holiday described within your booking confirmation invoice.
(b) Not included in the holiday price is travel insurance, excess baggage charges, tipping any additional excursions or activities not included in your package and any food or drink not specified as being part of your holiday arrangements.
(c) The price of your confirmed holiday is subject at all times to changes in:
- The price of transportation resulting from the cost of fuel or other power sources;
- The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- The exchange rates relevant to your Package.
You may be charged for the amount of any increase in accordance with this clause plus the administration charge of £1.00 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your holiday booking and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements which do not form part of your Package. Should you decide to cancel for this reason, you must exercise your rights to do so within 14 days of the issue date printed on your final invoice.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
6. Our Responsibilities
(a) We accept liability to you in accordance with regulation 15 of the Package Travel and Linked Travel Arrangements Regulations 2018 for the proper performance of our obligations under the contract irrespective of whether such obligations are to be performed by us or by other suppliers of services.
(b) Our statutory liability in this regard is subject to exceptions set out in the regulations. In summary they apply where failure to perform the contract or its improper performance is due neither to our fault nor that of anyone supplying services to us but is due or attributable to you, unforeseeable or unavoidable failures attributable to unconnected third parties, Force Majeure or events which neither we nor our suppliers could, even with all due care, foresee. Even so if you suffer difficulties in any of these circumstances we will do our best to provide prompt assistance within reasonable limits.
(c) Notwithstanding paragraphs (a) and (b) above our liability and/or the amount of compensation payable by us is limited in accordance with the relevant international conventions including the Montreal, Geneva, Berne, Athens and Pans conventions. In addition our maximum liability to pay you compensation for damage (other than personal injury) is limited to three times the cost of your holiday price (excluding any insurance premiums or any of your holiday arrangements not booked through us).
(d) Please note that we cannot accept any responsibility for weather conditions or the presence or absence of particular wildlife on your safari for example. In particular, severe drought conditions can lead to local authorities imposing restrictions on use of water, conversely unseasonal rains may make a particular location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above, but no responsibility can be accepted if this does occur.
(e) In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where it is impossible for you to return to your departure point on the return date of your Package due to “unavoidable and extraordinary circumstances” we shall provide you with the necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the Package. For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
(f) The limitation of costs for 3 nights accommodation referred to above does not apply to persons with reduced mobility as defined by Article 2 of Regulation (EC) 1107/2006 and does not apply to persons of reduced mobility travelling by air and any other person accompanying them, pregnant women and unaccompanied minors as well as persons in need of specific medical assistance, provided that you have notified us of their needs at least 48 hours prior to departure.
(g) If you or any member of your party suffers during the course of your holiday any difficulty as a result of any activity which does not form part of your contracted holiday arrangements, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative travel arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party you must repay us the costs and expenses we have incurred in assisting you.
7. Your Responsibilities
(a) It is your responsibility that passports (with at least 6 months validity beyond the date of your return), visas, inoculation certificates and other necessary travel documents are in order and we reserve the right to charge you any costs incurred by us due to your failure in any of these respects. It is also your responsibility to check in for your flights by the correct time and to be in the right place at the right time for ground travel arrangements. We do not accept liability if you fail to do so and no credits or refunds will be given for lost or mislaid air tickets or other travel documents.
(b) It is a condition of your contract with us that you act with reasonable prudence and circumspection whilst on holiday and that you comply with all health and safety requirements of guides, camps and the like.
(c) As between you and suppliers of accommodation, transport and other services which form part of your holiday their conditions of business will apply which may mean that you will be required by such suppliers to sign liability waivers or other documentation for some potentially more hazardous activities such as ballooning, canoeing, walking and riding safaris and white water rafting.
(d) Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the excursion or tour operator. Any specialist service which we organize on your behalf with a local supplier and for which you pay that supplier direct or we pay on your behalf as a separate charge to your package arrangements will be on the local suppliers’ terms and conditions and your contract will be with them.
(e) If you have a problem during your holiday, you must inform the relevant supplier (e.g. your hotelier) and your guide immediately who will Endeavour to put things right. If your complaint is not resolved locally, please follow this up within 30 days of your return home by writing to our Customer Services Department giving your booking reference and all other relevant information. It is your responsibility to communicate any complaint to the supplier of the services as well as to your guide without delay and complete a report whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
In accordance with the Alternative Dispute Resolutions for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (“The ADR Directive”) we advise that Cazenove + Loyd Limited does not utilize the services of an approved Dispute Resolution Service for the purposes of complaints.
(f) We are not responsible for any incorrect information within brochures supplied by ourselves, but produced by other operators/partners on the ground.
(g) We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or the acts or omissions of third parties not involved in providing the services which make up your holiday. Nor are we liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care. You are responsible for the conduct of any children travelling with you and for their compliance with the conditions set out in section 7 of these conditions, and in particular those in section 7(b).
(h) Safety Standards: Safety standards can and do vary from one country to another and may not reach the same level as can be found in the UK, although we do request that all the properties which we feature comply with the appropriate, local safety standards. We therefore advise you to take all reasonable precautions whilst on holiday.
(i) Country Standards: Where applicable we have shown the official ratings given to the accommodation we feature. Please make allowances for any variation in official ratings between one country and another.
We reserve the right to terminate the holiday arrangements of any person whose behavior is such that it is likely, in our reasonable opinion or that of any hotel manager, airline pilot, tour leader or other person in authority, to cause distress, danger, damage, or annoyance to other clients, staff, and property or to any third party. Should this happen, full cancellation charges will apply and we will have no responsibility whatsoever for any costs incurred for the continuation of the holiday, including any return travel, or to compensate for any loss incurred.
The health and safety of our clients is of paramount importance to us. Should the Foreign Office advise against travel to a particular country, then we will of course act upon this and reserve the right to cancel your holiday. Please note that compensation cannot be paid in such circumstances. You can find information on the country you are visiting on the Foreign & Commonwealth Office website at www.fco.gov.uk/travel.
10. Tours – General Fitness Requirements
Due to the physical nature of some tours or itineraries which we feature/provide, we regret that they are not suitable for persons with reduced mobility and a reasonable level of fitness is required. If you are in any doubt as to the suitability of a tour, please make this known to us before you book.
If you are in any doubt, please consult your medical adviser before departure. We, and those retained by us, to supervise activities, retain the discretion at any time to decline to allow you to participate in any activity, if we reasonably believe that in the interests of your health, you should not do so and in such circumstances, we shall not be liable for any losses or compensation arising. At the time of booking, you must provide us with full details of any existing medical or physical problems or disabilities that may apply to you or any member of your group which is likely to affect your ability to take part in some or all the activities forming part of your holiday. If, in our reasonable opinion there are any particular activities arranged that are not suitable for individuals with a medical or physical problems or disability or you are travelling with someone who requires the assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall not be liable for any losses or compensation arising.
If you did not give us full details of any medical or physical problems or disability at the time of booking and/or promptly informed us of any adverse change to any existing medical or physical problem or disability and/or any new medical or physical problem or disability arising after the booking then we can also cancel the booking when we become aware of the full details, if in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel in this situation, the cancellation charges as set out in Section 3(c) will apply.
It is a condition of contract that all members of your party have comprehensive, travel insurance. We cannot accept any responsibility for any failure on the part of members of your party to take out comprehensive travel insurance. You should ensure that your travel insurance will fully cover you for any situations outside of our control for example force majeure or accidents and illness. We cannot advise you on insurance issues but can recommend a suitable insurance broker whose details are available upon request.
12. ATOL Financial Protection
Your Financial Protection. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Our ATOL (Air Travel Organiser’s Licence) which provides financial security for your package holiday including flights, is granted by the Civil Aviation Authority (CAA) of CAA House, 45-59 Kingsway, London WC2B 6TE. Our ATOL number is 3208.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
13. Data Protection
In order to process your booking and to make sure that your holiday arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as airlines, transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where your holiday is outside the European Economic Area (ELEA), controls on data protection in your destination country may not be as strong as they are in the UK. However, we will not pass your information on to any person who is not responsible for part of your holiday arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. Your data controller is: Carl Hobson. You are entitled to a copy of your information held by us and if you would like to see this, please ask us. It may be necessary to make an administration charge for providing this to you.