Terms & Conditions
Cazenove + Loyd Limited (“we”, “our” and “us”) 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.
By making a booking, the first named person (“Lead Client”) agrees on behalf of themselves and all persons shown within the booking that they:
- have read, understood and agreed to these booking conditions and have authority to and do agree to be bound by them;
- are over 18 years of age;
- accept responsibility for payment of the booking on behalf of all persons shown within the booking confirmation invoice.
In these booking conditions, references to “you”, and “your” are to the Lead Client and all members included in their party.
1. Booking, Confirmation and Payment
(a) To secure a booking with us you should complete and sign our booking form and return it to us together with either a deposit of 20% of the holiday price or, in the case of bookings made within 8 weeks of departure, 100% of the holiday price. In some cases the deposit payable may be higher, but we will let you know this prior to booking with us.
(b) Peak date bookings (including, but not limited to, Christmas, New Year and Special Events): you will be required to pay for certain elements of your booking in full at the time of booking if they fall under this category. We will inform you if full payment is required when you book with us.
(c) Except in cases of (i) Unavoidable and Extraordinary Circumstances (see definition below), (ii) where we make a significant change or (iii) where we cancel your holiday (see further below), deposits paid by you and peak date bookings are non-refundable.
(d) A binding contract will come into existence between you and us when we issue and send you a written booking confirmation after you have completed the steps in paragraph 1(a) above.
(e) The balance of the price of your holiday must be paid not later than eight weeks prior to departure (unless otherwise specified). If the deposit and/or balance is not paid on time, we reserve the right to treat the booking as cancelled by you. If the balance is not paid on time we will retain your deposit.
(e) Set Departure Booking conditions: set departure package bookings are booked well in advance of the intended departure dates and are subject to a minimum number of participants. We reserve the right to cancel set departure package bookings if the minimum numbers have not been achieved by the date that is notified to you at the time of booking. Please refer to paragraph 4(b) below for further information.
2. Alterations by you
If, after we have issued our booking confirmation, you request a change in the dates or content of your holiday itinerary we will do our best to make these changes, but unfortunately it may not always be possible. Any request for changes to be made must be in writing by the Lead Client.
Where we are able to make the changes requested by you, you may be asked to pay an administration charge plus any additional cost we incur in making any changes for you. Any applicable charges will be communicated at the time.
Note: These additional costs may increase the closer to departure that your request is made and certain travel arrangements may not be changeable once the reservation has been made for you. This means that certain change requests (including, but not limited to, changes requested by you to peak date bookings) could attract a cancellation charge of up to 100% of the travel arrangement(s) being changed.
You may transfer your holiday booking to another person, provided:
(i) they satisfy all the conditions that apply to your booking and agree to be bound by these booking conditions and the terms of the contract between us; and
(ii) you make your request to transfer no later than 7 days before your departure date.
Both you and the person you transfer your booking to will remain jointly and severally liable for (i) full payment of any balance due for your booking and (ii) all fees, charges or other costs we incur in making the transfer, which will include the administration fee referred to in this paragraph 2.
3. Cancellation by you
(a) You or any person included in your booking may cancel your travel arrangements at any time. Cancellation instructions must be made in writing by the Lead Client 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) Unfortunately, we incur costs when cancelling your booking, which you will be required to pay in accordance with our cancellation charges set out below:
Note 1: cazenove+loyd also reserve the right to retain 5% of the total cost of your trip by way of an admin fee for the time and resources used to construct and deconstruct your booking. This amount covers the cost of various items, including but not limited to, time spent on maintaining your booking, coordinating with suppliers/ground agents and transacting payments.
Note 2: there may be exceptional circumstances where we are able to recover more from our suppliers when you request to cancel. This is not guaranteed, but if we are able to do this, we will pass this cost saving back to you.
Note 3: You may be able to reclaim these cancellation charges from your travel insurance provider if the reason for your cancellation is covered under your travel insurance policy.
(c) You may cancel your package holiday booking before departure without paying cancellation charges if the performance of your package booking or carriage to your destination is significantly affected by Unavoidable and Extraordinary Circumstances (see definition below). If you cancel for this reason we will provide you with a full refund.
Note 1: we will monitor the advice provided by the Foreign Commonwealth & Development Office (“FCDO”).
Note 2: if you cancel due to a disinclination to travel and your package holiday has not been significantly affected as outlined in paragraph 3(c) above, our standard cancellation charges in paragraph 3(b) will apply.
Note 3: local lockdowns in the UK/where you live or quarantine restrictions in the UK/where you live that prevent or deter you from travelling will not be considered to be Unavoidable and Extraordinary Circumstances, since they do not prevent us from providing your package holiday, as contracted. If you cancel due to these reasons, our standard cancellation charges in paragraph 3(b) will apply.
(d) For the purpose of these booking conditions, “Unavoidable and Extraordinary Circumstances” means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include, but are not limited to, war, acts of war, riots, civil disturbances, acts of terrorism and its consequences, significant risks to human health such as the outbreak of serious disease/epidemic/pandemic at the travel destination or natural disasters such floods, fire, earthquakes or weather conditions which make it impossible to travel safely to your destination.
4. Changes or Cancellation by Us
Once your booking has been confirmed we will make every effort to provide you with your booked holiday arrangements. Occasionally, it may be necessary to change or cancel the whole or part of your holiday and we reserve the right to do so. We will notify you as soon as possible of any changes and/or cancellations made by us.
A. Changes by Us
(a) Price Changes: We are permitted to change the price of your confirmed holiday if there are changes in the:
i. price of the carriage of passengers (e.g. transportation) resulting from changes to the cost of fuel or other power sources;
ii. 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
iii. exchange rates relevant to your Package.
We reserve the right to charge you for the amount of any increase in accordance with this paragraph 4(A). 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 and amendment charges) you will have the option of
- accepting the price increase and pay the requested amount;
- 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
- 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 holiday. 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 reduce due to the changes to cost mentioned above in this paragraph 4(A), we will refund the difference 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.
(b) Insignificant Changes: if the change we make is insignificant, we will notify you of this. Examples of insignificant changes include (but are not limited to) a change of accommodation to one of the same or a higher standard, changes to your outbound/inbound flights by less than 12 hours, changes to aircraft type, changes to carriers/operators, a change of your UK departure airport between Heathrow, Gatwick, Stansted and Luton and alterations to your itinerary which do not materially affect your holiday.
(c) Significant Changes: 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 package holiday, we will offer you the choice of either:
i. accepting the changed arrangements;
ii. accepting an offer for an alternative holiday of comparable standard from us, if available (we will refund you any price difference if the alternative is of a lower value); or
iii. canceling your booking completely, in which case we will refund you with all monies paid by you.
Note: the above options in sub-paragraphs 4(A)(c)i – iii are not available where a change by us is insignificant.
We will notify you of a significant change and you will be required to confirm your choice of one of the options available to you in sub-paragraphs 4(A)(c)i – iii within 7 days of our notification to you. If you do not confirm your choice within this period we will contact you again to request your decision. If you fail to provide a response within a total of 14 days from our initial notification, we will cancel your booking and refund all payments made by or on your behalf.
If you choose a refund under paragraph 4(A)(c) iii. above, we will pay you compensation as detailed in the compensation table below. Note: this right to compensation will not apply if the reason for the significant change to your package booking is due to Unavoidable and Extraordinary Circumstances.
B. Cancellation by Us
We will not cancel your booking less than 8 weeks before your holiday start date unless it becomes necessary to cancel due to:
i. Unavoidable and Extraordinary Circumstances;
ii. your failure to comply with any of the requirements of these booking conditions entitling us to cancel, such as your failure to pay the final balance; or
iii. because the minimum numbers required for set departure package bookings have not been met.
Where we cancel due to the minimum numbers not being met under paragraph B iii. above, we will inform you by the deadline applicable to your booking duration, as follows:
If we cancel your booking, we will provide you with the choice of either:
- a full refund of all monies paid*; or
- an alternative holiday of comparable standard from us, if available (we will refund you any price difference if the alternative is of a lower value).
*If you chose a refund under this option, we will pay you compensation as detailed in the compensation table below. Note: this right to compensation will not apply if the reason for us cancelling your package booking is due to any of the reasons provided in clauses 4(B)i. – iii. above.
Note: the health and safety of our clients is of paramount importance to us. Should the Foreign, Commonwealth & Development Office advise against travel to a particular country, then we will of course act appropriately upon this and reserve the right to cancel your holiday. Please note that compensation cannot be paid in such circumstances, but you will have the rights listed above. You can find information on the country you are visiting on the Foreign, Commonwealth & Development Office website at https://www.gov.uk/foreign-travel-advice.
If we (i) make a significant change and you request a refund or (ii) cancel less than 8 weeks before departure, we will also pay you compensation as detailed in the table below:
Note: compensation is not payable under this paragraph 4(C) if the significant change or cancellation made by us is due to Unavoidable and Extraordinary Circumstances, your failure to pay the final balance when it falls due or where the minimum numbers have not been met.
We reserve the right to alter the prices of any of the holidays shown in our proposed itineraries before you book with us. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
Unless otherwise stated, your holiday price will include all the component parts of your holiday as described within your booking confirmation invoice.
Note: 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 are not included in your holiday price.
6. Our Liability
(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) You must notify us without undue delay of any failure to perform or improper performance of the travel services included in your package holiday. If the travel services included in your package holiday are not performed as contracted or are improperly performed by either us or our suppliers you may be entitled to an appropriate price reduction and/or compensation under the Package Travel and Linked Travel Arrangement Regulations 2018.
(c) If we are unable to provide a significant proportion of the travel services included in your package holiday, we will, where possible, make alternative arrangements for you at no extra charge for the continuation of your package (if this results in a lower quality we will refund you the difference in price).
(d) We will not be liable where a failure to perform or improper performance of the travel services making up your package holiday is:
- attributable to you or another member of your group;
- due to unforeseeable or unavoidable failures attributable to third parties unconnected with the provision of the travel services included in your package holiday; or
- Unavoidable and Extraordinary Circumstances.
Note: if you chose to curtail your holiday once your holiday has started and this is not due to our failure to perform or improper performance of the travel services making up your package, we will not be responsible for providing any refunds for any unused travel services.
(e) Notwithstanding paragraphs (a) - (d) above, our liability is limited as follows:
• except in cases of injury, death or illness, to three times the cost of your holiday price (excluding any insurance premiums or any of your holiday arrangements not booked through us);
• in accordance with (or equal to):
- the contractual terms of the suppliers that provide the travel services in your package holiday; and
- any applicable international convention including, but not limited to, the Montreal Convention, the Athens Convention, the Berne Convention and the Paris Convention which limit and govern the amount of compensation payable for death, personal injury, delay to passengers and loss, damage or delay to luggage and are all considered to be available to us.
(f) (f) Copies of supplier contractual terms and/or the international conventions mentioned above are available on request by writing to firstname.lastname@example.org.
(g) Please note that we cannot guarantee the weather conditions during your package holiday, nor can we guarantee the presence (or absence) of particular wildlife if your holiday includes safari (for example). Additionally, severe drought conditions may lead to local authorities imposing restrictions on the 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. Except where a situation (i) leads to Unavoidable and Unavoidable Circumstances, (ii) means that we have to make significant changes to your package prior to departure or (iii) can be construed as improper performance or our failure to perform your package holiday contract, we will have no responsibility to you.
(h) In certain circumstances, EU Regulation 2612/2004 will provide you with rights to refunds and/or compensation in circumstances where your flight is delayed, cancelled or if you are denied boarding. Full details will generally be available from your carrier where this regulation applies. Reimbursement in these cases will not mean that you are automatically entitled to a refund of your package holiday from us. Your right to refund and/or compensation from us are set out in these booking conditions. Note: if you have received any payments from your carrier or any other supplier, the amount received by you will be deducted from any payments due to you from us.
(i) Where it is impossible to ensure your return as scheduled in your package holiday contract 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. Note: the limit provided in this paragraph 6(h) does not apply to persons with reduced mobility (as defined by Article 2(a) of Regulation (EC) 1107/2006) and any 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.
(j) If you are in difficulty during the course of your package holiday and ask us for help we will offer you appropriate assistance without undue delay. Such assistance may include providing you with appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. You must pay any costs we incur if the difficulty is caused intentionally by you or as a result of your negligence.
8. Your Responsibilities
Passport, Visa and Immigration
(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. You should confirm your specific requirements in this regard with the relevant Embassies and, where applicable, consulates. Note: requirements do change, so it is important that you keep up to date with these at all times prior to your departure.
(b) The latest travel advice can be obtained from the Foreign, Commonwealth & Development Office at: https://travelaware.campaign.gov.uk/,
(c) If you do not hold a British passport, including EU nationals, you should obtain up to date advice for your specific passport and visa requirements from the Embassy, High Commission or Consulate at your destination(s) and any countries that you may be travelling through.
(d) We do not accept any responsibility if you have not complied with your specific passport, visa, health or immigration requirements (including if you are unable to travel or return as a result). You agree to reimburse us for any costs, fines or other losses incurred by us due to your failure to comply with any passport, visa, health or immigration requirements.
(e) 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.
(f) 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.
(g) Excursions or other tours that you may choose to book or pay for either:
i. separately to your package holiday arrangements; or
ii. whilst you are on holiday
will not form part of your package holiday provided by us and your contract for these will be with the operator of the excursion or tour and not with us. We will not be responsible for the provision of these excursions or tours or for anything that happens during the provision of these by the excursion or tour operator.
(h) If you have a complaint during your holiday, you must inform the relevant supplier (e.g. your hotelier) and your guide without undue delay who will endeavour to put things right.
(i) If your complaint cannot be 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.
(j) 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.
(k) You are responsible for the conduct of any children travelling with you and for their compliance with the conditions set out in these booking conditions and in particular those contained in paragraph 9 (behaviour).
Safety and Country Standards
(l) 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.
(m) Country Standards: Where applicable, we detail the official ratings given to the accommodation we feature. These ratings are based on the official ratings of each accommodation and can vary significantly between countries.
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.
We reserve the right to terminate the holiday arrangements of any person (which may include you and all members of your group where appropriate) whose behavior is such that it is likely, in our reasonable opinion or that of any hotel manager, airline pilot, tour leader, our agents, representatives or any other person in authority, to:
- cause distress, danger, damage, injury (or death), or annoyance to any person (including other clients, staff and any third party) or property; or
- breach any applicable local laws.
Should this happen, full cancellation charges will apply and we will have no responsibility whatsoever for any expenses or costs (including legal expenses and costs) incurred by you (including, but not limited to any return travel) or to compensate you for any loss incurred. You will also be responsible for paying any loss, compensation and/or damage that is a result of your behaviour.
We reserve the right to claim any loss, damage, compensation, costs and expenses (including legal costs and expenses) (“Loss”) incurred by us as a result of your behaviour from you and you agree to indemnify us for any such Loss incurred.
10. Tours – General Fitness Requirements, Medical Conditions and Disabilities
Due to the physical nature of some of the tours, holidays and itineraries which we offer, we regret that they are not all suitable for persons with reduced mobility, disabilities and/or medical conditions and a reasonable level of fitness is required.
If you have a medical condition or a disability that may affect your participation in a tour or holiday, you must provide us with full details of any special requirements you may have prior to booking with us, or as soon as you become aware of these if they arise after you have booked with us (but no later than 48 hours before your departure date). This includes confirming to us if you need to take medical equipment on holiday with you so that we can determine with our suppliers whether it can be carried safely.
If you are in any doubt as to the suitability of a tour and require further information regarding a tour/itinerary, please contact us. We are happy to provide you with further information, taking into consideration your specific requirements, to help you to determine if it is suitable for you.
We reserve the right to not accept your booking if after taking into consideration your special requirements, condition and/or disability, we reasonably believe that your chosen tour/activities are not suitable for you. We also reserve the right to cancel a tour and apply our standard cancellation charges (as set out in paragraph 3 above) if:
i. we subsequently become aware of any medical condition or disability that you have not made us aware of which make the tour/holiday not suitable for your specific requirements; or
ii. you notify us of a new, or changes to your existing, medical condition/disability which in our reasonable opinion means that the tour/holiday is no longer suitable for you.
If we cancel due to any of the reasons contained in sub-paragraphs 10 i - ii above, we will not be liable for any costs or expenses that you incur.
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.
It is a condition of contract that all members of your party have comprehensive, travel insurance in place from the date you make your booking. This should cover you and all members of your party against the cost of:
i. cancellation by you/them;
ii. assistance, including repatriation, in the event of accident or illness or death;
iii. loss of or damage to baggage/equipment; and
iv. loss of money and other expenses.
We cannot accept any responsibility if you fail to take out comprehensive travel insurance and you agree to indemnify us for any Loss incurred by us due to your failure to take out adequate travel insurance.
Note 1: we cannot advise you on insurance issues and suitable policies, but we can recommend a suitable insurance broker whose details are available upon request.
12. ATOL Financial Protection
We provide full financial protection for our package holidays.
For our flight inclusive packages, we provide full financial protection through our Air Travel Organiser’s licence number 3208. This is issued by the Civil Aviation Authority Gatwick Airport South, West Sussex, RH6 0YR, UK who can be contacted by telephone on 0333 103 6350 or by e-mail on email@example.com.
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.
We 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, the data that you provide us with when you make your booking (including sensitive data, data relating to minors, your name, passport details, address and dietary requirements) will be passed to our suppliers. Our suppliers include, but are not limited to, accommodation providers, airlines/carriers, transfer companies and any other organisations for the purpose of ensuring the provision of your holiday arrangements. Your data may also be provided to credit checking companies and public authorities such as customs and immigration if required by them, or as required by law. If we are unable to share your data as outlined in this paragraph 13, it will not be possible for your tour/holiday to be arranged.
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 data on to any person who is not responsible for part of your holiday arrangements.
You are entitled to a copy of your information held by us and if you would like to see this, please ask us. In certain circumstances you may be asked to pay a fee for this, but this will only be requested where permitted under applicable data protection laws.
14. Law and Jurisdiction
Your contract with us is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales. However, if you live in Northern Ireland or Scotland, you may chose the jurisdiction of Northern Ireland or Scotland.
15. COVID-19 and Similar Contagions
Whilst efforts are being made across the world by local governments, authorities and health authorities to minimise the spread of COVID-19, there remains a risk that you, or any member of your booking, may be exposed to and/or contract this virus (or similar contagion) at any time before, during or after your intended holiday if you come into contact with an infected person(s). We are working with our suppliers to ensure that they have implemented systems to follow local guidance/measures and have response strategies in place to offer the best available protection for our customers. The level of measures in place may differ by country/area and may not necessarily be as strict as those in place in the UK. Irrespective of measures being taken, due to the nature of this virus (and contagions of a similar nature) it is not possible to completely eradicate the risk of contracting it.
It is important that you are aware of these risks before you book with us, so that you can proactively decide whether a particular holiday/destination is suitable for you/your party. We recommend that you consider the FCDO’s latest travel advice https://www.gov.uk/foreign-travel-advice and the infection rates at your intended destination(s) before making your booking. We also recommend that you discuss any health concerns/conditions that you or any member of your party may have with your GP before booking with us.
If you choose to accept these risks, please ensure that your travel insurance covers the costs of medical treatment, holiday curtailment, repatriation and associated costs. We will not be responsible if you subsequently contract COVID-19 (or similar contagion) during your package holiday and you are unable to prove that this was contracted due to our negligence.
Symptoms before/during Travel
It is a condition of your booking with us that you declare within 14 days before departure if you:
- start to show symptoms of COVID-19 (or other similar contagion) or have a confirmed case;
- have been exposed to someone with symptoms of, or confirmed to have, COVID-19 (or similar contagion); and/or
- are notified by the UK’s Track and Trace (or equivalent) that you need to self-isolate.
You must also follow the health guidance in place at that time, which may include, but is not limited to, a requirement for you and anyone you have been in contact with to self-isolate. If you are unable to travel because (i) you have to self-isolate or (ii) because of restrictions or other controls that are in place and local to you, and this means that you have to cancel, we regret that you will be subject to our standard cancellation fees contained in paragraph 3 (b) above.
It is a further condition of your booking with us that you declare without undue delay during your holiday if you start to display symptoms of or have a confirmed case of COVID-19 (or similar contagion). You will also be required to confirm details of anyone that you have been in contact with during your holiday without undue delay.
You agree to adhere to any reasonable requests in respect of hygiene and to comply with all quarantine and other measures (including, but not limited to, wearing protective masks) that are in place at all times. You, and anyone you have been in contact with, may be required to self-isolate.
Where any of the above in this paragraph 15 occurs whilst you are on holiday, we will not be responsible for any associated costs that you may incur, including (but not limited to) those relating to additional accommodation, curtailment and missed transport/carriage except where we have been negligent. However, we will provide such reasonable assistance as we can.
You agree to indemnify us for any costs, expenses (including legal costs and expenses), damages and compensation that we become liable to pay as a result of you (or any member of your party):
- intentionally travelling with symptoms of, or a confirmed case of, COVID-19 (or similar contagion);
- ignoring any restrictions in place against travel when you have been exposed to someone with symptoms of, or with a confirmed case of, COVID-19 (or similar contagion);
- withholding your symptoms, or a confirmed case of, COVID-19 (or similar contagion) whilst on holiday;
- failing to disclose the details of anyone you have been in contact with during your holiday if you become unwell;
- omitting to tell us that you have been contacted by the UK’s Trace and Trace system (or equivalent) and have been identified as a person that needs to self-isolate;
- not following any measures/restrictions/quarantine requirements that are in place; and/or
- contracting COVID-19 (or similar contagion) (except where this is due to our negligence).
Changes to Facilities/Itineraries
The effects of COVID-19 (or other similar contagion or associated restrictions, events and government/public authority actions) may mean that travel to/from your destination as well as certain services and facilities at destination may be affected and/or different to those normally expected, sometimes with little or no advanced notice. Examples of this include, but are not limited to:
- quarantine restrictions introduced in the UK or abroad
- requirements to wear protective clothing such as face masks
- disruption of travel, such as inability to board carriage due to you presenting symptoms of illness, changes to facilities at airports/ports/terminals, short notice change of carriers/flights and changes/adjustments to transfers that you may have arranged
- restriction or closure of accommodation facilities and services including, but not limited to, where this is due to social distancing requirements or similar (e.g. closure of buffet functions, gyms and other communal areas, restricted numbers for events/classes made available by your accommodation provider), lower levels of staff present, changes to menus/products usually made available due to a shortage of suppliers/the non-availability of products and the introduction of having to book meals and other services in advance
- closure of your chosen accommodation due to an outbreak of COVID-19 (or similar contagion)
- restriction or closure of local facilities e.g. beaches, parks, water parks, local attractions etc
- being required to adhere to social distancing requirements and limiting contact to persons within your booking.
It therefore may be necessary for us to make changes to your holiday/itinerary either before your departure or during your holiday with little or no notice in these circumstances. We reserve the right to deviate from your original holiday/itinerary or to make changes to the same where it is necessary to do so to ensure your safety. Except where these changes amount to a significant change, we will not have any liability to you.