Booking Terms and Conditions
If we, or the suppliers identifi ed on your ATOL certifi cate, 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 benefi t on) you under the ATOL scheme. You agree that in return for such a payment or benefi t 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.
*The fl ights and fl ight-inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at
www.atol.org.uk.
As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), Explore has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992. In the event of Explore’s insolvency, protection is provided for non-fl ight packages commencing in and returning to the UK and other non-fl ight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Explore Worldwide Ltd. In the above circumstances, if you have not already travelled, you may claim repatriation to the starting point of your non-fl ight package.
10. Tour participation and client responsibility Clients agree to accept the authority and decisions of the Company’s employees, tour leaders and agents whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fi tness 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 fi t 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 confi rm 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 confi rmed.
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 confi rmed.
Most changes are minor. Occasionally, we have to make a signifi cant change. If a signifi cant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure.
For “Guaranteed Departures”, we promise not to make any signifi cant changes to the “land only” itinerary unless we are forced to do so by force majeure (see clause 13). This guarantee does not, however, apply to any international or domestic fl ights which may be subject to change or
cancellation in accordance with these conditions. Please also see “Will my tour operate?” in “Information About Our Tours” section for more information on “Guaranteed Departures”.
A signifi cant change is a change made before departure which we can reasonably expect to have a major effect on your tour. Signifi cant changes are likely to include the following changes when made before departure; a change of the outward or return international fl ight departure time to/from the UK (where we have booked your international fl ight) or of the duration of your tour (excluding international fl ights) of 12 or more hours, a change of UK departure airport (except between any London airport including Stansted and Luton) to one which is more inconvenient for you (where we have booked your international fl ight) and, a major itinerary re-routing. Please note, a change of airline, any advertised mode of transport, named accommodation, fl ight time(s) for any fl ight other than any international fl ight to / from the UK or of the fl ight time(s) for the international fl ight to / from the UK we have booked this for you of less than 12 hours are not signifi cant changes unless otherwise expressly stated.
If advised of a signifi cant 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 signifi cant 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 signifi cant change is notifi ed 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 fl exible 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 notifi cation given to you or your travel agent More than 42 days: 41-28 days: 27-14 days:
13 days-date of travel:
Compensation per person Nil
£20 £30 £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 6 weeks before the start of the tour except for force majeure (see clause 13), or the client’s failure to make all payments (including the fi nal balance and any surcharge) when due. Please note, except for “Guaranteed Departures”, 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 8 weeks before the start of your tour. For “Guaranteed Departures”, there is no minimum group size and we will not cancel the “land only” itinerary unless forced to do so by force majeure (see clause 13). Please also see “Will my tour operate?” in “Information About Our Tours” section for more information on “Guaranteed Departures”.
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 fl exible transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements
Call our family experts on 0844 499 0603
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 clause 11 above depending on the circumstances and when the cancellation is notifi ed 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 whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fi re 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 travel 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 defi cient 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 (including loss possessions and 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 defi ned 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. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 15 Optional excursions and activities below. 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
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