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Booking Terms and Conditions


and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the tour in question.


(5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment). Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a different limitation applies to your claim under clause 14(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 14 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefi t at all from your tour. (6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and COTIF, the Convention on International Travel by Rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. (7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings. (8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.


15. Optional excursions and activities We, our tour leaders and voyage crew members may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They do not form


any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a tour leader or voyage crew member collects payment for or otherwise assists in booking any such activity or excursion for you, we and the tour leader or voyage crew member act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 14(1) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.


16. Flights/Transport/Delays The timings of air, sea, road or rail departures are estimates only. Subject to clause 11 “If we Change your Tour”, we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffi c controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long fl ight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for fl ight delays. It is in recognition of the above that the Company’s travel insurance policy offers some monetary compensation for fl ight delays over 12 hours to cover lost tour time or delayed return (not applicable to fl ights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for any services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent. If your fl ight is cancelled or delayed, your fl ight ticket is downgraded or boarding is denied by your airline, depending on the circumstance, the airline may be required to pay you compensation, refund the cost of your fl ight and/or provide you with accommodation and/or refreshments under the EC Regulations No 261/2004 – the Denied Boarding Regulations 2004 where applicable you must pursue the airline for the compensation or other payments due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your fl ight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your fl ight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any fl ight cancellation or delay, downgrading of any fl ight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you should complain to the CAA at www.caa.co.uk


17. Late bookings We emphasise the importance of making a booking at the earliest opportunity, because of the popularity of polar voyages. For bookings received within 6 weeks of your tour (or at an earlier stage for certain tours), the contract between the Company and the client comes into existence as soon as full payment has been received by the Company or our authorised travel agent or by Explore.


18. Brochure / Website / Advertising material accuracy


The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or


publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.


Issue date:November 2014 Explore Worldwide Ltd. Registered Offi ce: Nelson House, 55 Victoria Road, Farnborough, Hampshire, GU14 7PA, UK. VAT No. 358 7552 13.


Data protection and privacy statement Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003 (“data protection laws”). You confi rm that you will only enter information about yourself and those in your party and that such information is true. Data Protection Privacy Statement For the purposes of the Data Protection Act 1998, we, Explore Worldwide Limited are a data controller. In order to process your booking, brochure and tour note requests, provide your tour and to help us provide you with a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your tour is to take place or involves suppliers outside these countries. We and other companies in the Cox and Kings Group (‘Group Companies’) and our Partner Companies would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of new features, tours or special offers which we think may be of interest to you, including by email). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept by us but we and our Group Companies and Partner Companies will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so). We respect our customers’ privacy and do not sell, rent, trade or give away any of your personal information for any purpose. We may also send you promotional information about selected third parties’ products and services that may be of interest to you.


Occasionally we hire other companies to provide services on our behalf, for example mailing information to our customers. We only provide those companies with the personal details relating to our clients which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details for this reason agrees to treat it with the same level of protection we are obliged to provide. From time-to-time, our staff, customers and suppliers may take photographs of tours in progress, including pictures of our customers. These pictures may be used in future marketing materials and stored physically and digitally. If you do not wish for your pictures to be taken or used in this manner, please advise your Tour Leader or an Explore staff member at the start of your trip.


If you do not want us to do any or all of these things, please let us know as soon as possible.


Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.


As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information. Please note calls may be recorded for training and monitoring purposes.


Please ensure that you have read and understood all the information on pages 62-67 of our brochure, and/or the website, regarding the style of our tours, fl ights and other travel information.


66 For more details visit www.explore.co.uk/polar


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