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Booking conditions
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Please read this section carefully. It states the
agreement between us and is designed to be fair in
protecting both our interests. Bookings with On Foot
Ltd are accepted only in accordance with the terms
and conditions set out below.
On Foot Ltd is a registered limited company no.
05589960. Registered offices: Stradbroke Cottage,
Coombe Bissett, Salisbury, Wiltshire SP5 4LY, Great
Britain.
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1.
TOTAL PAYMENT PROTECTION (TOPP) POLICY
COVER:
In
compliance with the UK Package Travel, Package
Holidays and Package Tours Regulations 1992 and the
Civil Aviation (Air Travel Organiser’s
Licensing) Regulations 1995 an insurance policy has
been arranged with Travel & General Insurance
Company plc to protect customers’ prepayments
paid in respect of:
·
flight inclusive packages commencing and returning to
the UK
·
the ground handling aspects of packages where the
customer is responsible for arranging travel to the
destination
·
accommodation only holidays offered on this website
(subject to the terms of the insurance policy),
for:
·
a refund of such prepayments if customers have not
yet travelled
·
making arrangements to enable the holiday to continue
if customers have already travelled or
·
repatriation of customers to the UK in the unlikely
event of our financial failure.
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2. MAKING A BOOKING AND PAYING FOR YOUR HOLIDAY
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A reservation may be made by telephone. This can
either be confirmed by card payment (credit cards
incur a 2% charge, no charge for debit card payments)
at that time, or will be held for 4 days, pending
receipt of your deposit per person of £100.
The contract between us comes into existence when we
send out our confirmation invoice, which confirms
your booking. You have undertaken to pay for the
holiday you have booked and we have undertaken to
provide you with the holiday we describe in the
brochure.
If you make a booking on behalf of others as well as
yourself, we shall take it that you have the
authority of each of those other people to enter into
that contract and that you and they have agreed to be
jointly and severally liable to us. If we are unable
to accept your booking, we will of course return your
payment to you immediately.
Full payment must be received by us not later than
eight weeks (56 days) before departure. If the
balance is not received in full by the due date, we
reserve the right to treat the booking as cancelled
by you and apply cancellation charges as set out
below. If you are making your booking within
this period, full payment will be necessary
immediately. On Foot reserves the right to cancel any
booking for which full payment has not been received
8 weeks before departure, and to levy cancellation
charges.
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3. INSURANCE
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It is a condition of booking that all travellers must
be covered by a comprehensive travel insurance and do
not travel against medical advice. You should
organise it immediately you book so as to be covered
in case of the ill health of yourself, a close
relative or your travelling companion. Please read
your policy details carefully. It is your
responsibility to ensure that the insurance cover you
hold is adequate for your particular needs.
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4. IF YOU ALTER YOUR BOOKING FOR ANY REASON
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after it has been confirmed by us, and it does not
involve a transfer to a different route or departure
date, we will do our best to accommodate your written
request. An alteration fee may be made to cover
administration. All changes are subject both to
availability and to any resulting extra costs imposed
by our suppliers.
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5. IF YOU TRANSFER YOUR BOOKING TO A DIFFERENT ROUTE
OR A DIFFERENT DATE
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A transfer fee of £100 per booking (as opposed
to per person) will be payable. If other costs are
incurred or imposed by our suppliers in effecting the
transfer you will be liable to cover these.
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6. IF WE HAVE TO ALTER
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your route or hotel or food arrangements, any change
will be either major or minor. Where a change is a
minor change, we will, if practicable, advise you
before departure, but we are not obliged to do so nor
to pay you compensation. A minor change is any change
apart from a major change as defined here.
When a change is a major change (and a major change
is an alteration to the type or standard of
accommodation or a material alteration to the route
changing the length of any day by a factor of +/-
20%, or significantly altering the type of terrain),
we will advise you as soon as is reasonably possible.
You will then have the choice of accepting the
change, taking an alternative holiday (and where this
is of a lower price, we will refund the difference,
where it is of a higher price, we may ask for a
supplement), or withdrawing from the contract and
accepting a full refund of all monies paid.
In the unlikely event that we become unable to
provide a significant proportion of your trip after
you depart, we will make alternative arrangements for
you to continue the trip at no extra charge, or, if
this is impossible, or you do not accept these
alternative arrangements for a good reason, we will
provide you with transport to the point of departure.
In addition, if appropriate, we will pay you
compensation of an amount which is reasonable taking
into account all the circumstances. Compensation will
not be considered appropriate, for example, in cases
where a major change has to be made as a result of
force majeure (see para 8).
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7. IF YOU HAVE TO CANCEL
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your booking, or if any member of your party on whose
behalf you have booked has to cancel their booking,
we must be nformed in a letter/fax/email SIGNED by
the person who made the booking. The cancellation
only takes effect from the date at which the
notification reaches our office. A charge will
be made which varies with the amount of time between
On Foot receiving your written cancellation and the
tour departure date. The charges made are as
follows:
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Prior to 90 days before departure:
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No charge
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89 to 56 days before departure:
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deposit only
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55-30 days before departure:
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75% of holiday price
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29-8 days before departure:
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90%
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7 or fewer days before
departure:
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100%
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(If the reasons for your cancellation are covered by
your insurance policy, you will be able to claim
under it.)
If you are unavoidably prevented from taking your
holiday you may find another person to take your
place. This right of transfer is subject to an
administration fee of £65 per person. You, as
transferor of the holiday, and the transferee shall
be jointly and separately liable to On Foot for the
payment of the balance due, together with all
additional charges of whatever sort imposed by the
suppliers providing the component parts of your
holiday.
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8. IF ON FOOT HAS TO CANCEL
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your holiday before the date of departure, you will
have the choice of taking an alternative holiday (and
where this is of a lower price we will refund the
difference or where it is of a higher price we may
ask for a supplement) or accepting the full refund of
all monies paid. In addition, in appropriate cases,
and where such cancellation is not due to force
majeure as defined below, we will pay compensation
commensurate with your inconvenience.
Force majeure is unusual and unforeseeable
circumstances beyond our control, the consequences of
which neither we nor our suppliers could avoid,
examples of which are war or threat of war, riots,
civil strife, terrorist activity, industrial
disputes, natural or nuclear disaster, fire or
adverse weather conditions, level of water in rivers
or other similar events beyond On Foot’s
control.
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9. PASSPORTS AND VISAS
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All travellers are responsible for ensuring that they
have a valid passport. Visas are not necessary for
British citizens for the countries listed in this
brochure.
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10. COMPLAINTS
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You must try yourself to remedy anything about which
you may wish to complain and anything you cannot
remedy should be reported to local contacts
immediately so that any problem may be remedied on
the spot. This includes consulting a doctor if you
are ill, both locally and on your return. Our
priority is to give you an enjoyable holiday, and we
strive very hard to do so. However, if neither our
office staff nor our local contact is able to help,
and you still have a complaint, you should put it in
writing at the time. Then send it to the company
within 30 days of your return.
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11. SPECIAL REQUESTS
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If you have any special requests, you should inform
us of these at the time of booking. We will advise
your hotels of such requests but cannot guarantee
that they will be met. Furthermore, On Foot has no
liability to you if such requirements are not met.
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12. ACCOMMODATION
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The cost of the routes is based on accommodation in
twin or double-bedded rooms. A single supplement is
payable by those wishing for the privacy of their own
room and is charged by the hotels and not On Foot.
Your booking is accepted on the understanding that
walking routes limit the availability of a choice of
hotels and the standard of accommodation varies from
place to place.
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13 CLIENT BEHAVIOUR
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We reserve the right to decline to accept, or to
retain as a client, anyone whose conduct is
disruptive or detrimental to the enjoyment of other
clients, or whose conduct may prejudice the
reputation of On Foot with our suppliers or hotel
owners. We shall be under no liability for any costs
incurred by such a client as a result of our so
doing.
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14 YOU MUST BE FIT AND WELL
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enough to take part on the walking routes as
described. If you have any reservations regarding
your fitness for a trip, please ring the office for
further details. Under no circumstances should you
travel if your doctor has or would advise against it,
and if you are in any doubt, please consult them.
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15 BROCHURE ACCURACY
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On Foot reserves the right to change any of the
prices or other particulars contained in this
brochure at any time before we enter into a contract
with you. If there is any change, we will notify you
before you enter into such contract.
All information is given in good faith and believed
correct at the time of going to press. Whilst every
effort is made to ensure accuracy, errors do
occasionally occur and you must therefore check your
holiday details carefully.
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16 WE RESERVE THE RIGHT
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to vary the price of your holiday in relation to
changes in transportation costs or the exchange rates
applied to the particular package. We will not vary
the price of your holiday fewer than 30 days before
your departure date, but if variations occur before
that time, we will absorb or retain an amount up to
the first 2% (excluding insurance premiums and any
amendment charges) of your invoiced holiday cost. For
variations greater than 2% we will still absorb the
first 2% in the case of increases but will not retain
it from refunds.
If we impose a surcharge, which means paying more
than 10% of your holiday price, you will be entitled
to cancel your holiday with a full refund of all
moneys paid to us except for any amendment charges.
Should you decide to cancel because of this you must
exercise your right to do so within 14 days of the
date of our surcharge invoice.
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17 FLIGHTS AND TRAVEL SCHEDULES
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We try hard to ensure that all advice regarding
flight times and other travel schedules and prices is
accurate at the time given. Customers should be aware
that schedules change frequently and they should
leave plenty of time for transfers.
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18 MEDICAL REQUIREMENTS
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Although we will of course advise you about any
special medical requirements for travellers, you
should check with your doctor which inoculations or
vaccinations they recommend for the country you are
visiting and how long in advance you should have
them. If you are a national of an EC country, and are
holidaying in another, you should take an EHIC
(European Health Insurance Card) available from any
main Post Office or online at www.postoffice.co.uk
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19 LIABILITY
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(i) Our obligations, and those of our suppliers in
providing any service or facility included in your
holiday, are to take reasonable skill and care to
arrange for the provision of such services and
facilities and where we or our supplier is actually
providing the service or facility, to provide them
with reasonable skill and care. You must show that
reasonable skill and care has not been used if you
wish to make any claim. Standards of, for example,
safety, hygiene and quality vary through the
transport and destinations that your holiday may
involve. Sometimes these standards will be lower than
those that would be expected in the UK. The services
and facilities will be deemed to be provided with
reasonable skill and care if they comply with any
local regulations that apply, or, if there are no
applicable local regulations, if they are reasonable
when compared to local standards and customs.
(ii) For claims which do not involve death or
personal injury, we accept, and will only have,
liability, subject to paragraphs (iv) and (v) below,
should we or our suppliers fail to satisfy the
obligations detailed in paragraph (i) above. If we
have liability, we will, subject to paragraphs (v)
and (vi) below, pay you compensation of an amount
which could be reasonably and properly expected,
taking into account all the relevant circumstances.
Any sums received by you from suppliers will be
deducted from any sum paid to you as compensation by
us.
(iii) For claims which involve death or
personal injury as a result of an activity forming
part of your holiday, we accept, and will only have,
liability subject to paragraphs (iv) and (v) below
should we or our suppliers fail to satisfy the
obligations detailed in paragraph (i) above. If
we have liability, we will, subject to paragraphs (v)
and (vi) below, pay you reasonable compensation.
(iv) We have liability in accordance with paragraphs
(ii) and (iii) above and subject to paragraphs (v)
and (vi) below except where the loss or damage you
suffer is either attributable to you, or attributable
to someone unconnected with your holiday and is
unforeseeable or unavoidable, or is due to unusual or
unforeseeable circumstances beyond our control, the
consequences of which could not have been avoided
even if all due care had been exercised.
(v) If any international convention applies to or
governs any of the services or facilities included in
your holiday arranged or provided by us, or provided
by any of our suppliers, and you make a claim against
us of any nature arising out of death, injury, loss
or damage suffered during or as a result of the
provision of those services or facilities, our
liability to pay you compensation and/or the amount
(if any) of compensation payable will be limited in
accordance with that provided for by the
international convention concerned.
International Conventions which may apply include: in
respect of international air travel, the Warsaw
Convention 1929 (including as amended by the Hague
Protocol of 1955 and by any of the additional
Montreal Protocol of 1975) or the Montreal Convention
of 1999; in respect of rail travel, the Berne
Convention 1961; in respect of carriage by sea, the
Athens Convention 1974; in respect of carriage by
road, the Geneva Convention 1973; and in respect of
hotels, the Paris Convention 1962. This means
that we are to be regarded as having all benefit of
any limitations of compensation contained in any of
these Conventions or any other international
convention applicable to your holiday. If your
luggage is lost, damaged or destroyed in any
circumstance not subject to an international
convention the maximum amount of compensation we will
pay you will be £500. This sum will be
assessed with reference particularly to your loss and
the extent to which this has required you to purchase
replacements.
(vi) If you choose to issue court proceedings in
respect of a claim against us, you must do so within
2 years of your return from holiday or within 2 years
of first discovering the matters giving rise to the
claim, if this is later. If you do not, then
our liability to you will be limited in all cases to
a sum of £100.
(vii) You must, if we are adjudged to have, or if we
accept, liability for a claim that you make, assign
to us any rights that you may have against any of our
servants, agents or suppliers which is in any way
responsible for the failure of your holiday or any
death or personal injury you may suffer. You
must also co-operate with us in any claim we choose
to bring against any third party which we, in our
discretion, deem to be so responsible.
(viii) Other than as set out above, and as is
detailed elsewhere in these booking conditions, we
shall have no legal liability whatsoever to you for
any loss, damage, personal injury or death which you
suffer arising directly or indirectly from any
aspect of your holiday.
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20 DATA PROTECTION
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We will provide your personal information, as well as
any personal information you provide in relation to
the persons whose travel arrangements have been
requested by you, to suppliers and carriers that
might be located outside the UK and/or EU, to enable
the operation of the services requested by you. If
you make special requests which include, but are not
limited to, special dietary, religious, or
disability-related requirements which constitute
sensitive information, the relevant data will also be
passed to the relevant suppliers and carriers to
enable provision of the services requested by you
(but see para 11).
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21 YOUR CONTRACT
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with us and any matters arising from it shall be
subject to English law and to the jurisdiction of the
Courts of England and Wales. If you are
resident in Scotland or Northern Ireland, the Courts
of Scotland or Northern Ireland can deal with any
disputes.
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