Soul & Surf Terms & Conditions
SOUL & SURF LIMITED — BOOKING CONDITIONS
Your contract is with Soul & Surf Limited of SRC, 2nd Floor, Stanford Gate, South Road, Brighton, BN1 6SB, company number 09173815. Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these Booking Conditions.
It is important that you read the following booking conditions carefully as they are the basis of your contract with Soul & Surf Limited.
(a) References within the Booking Conditions to “Arrival Dates” means the date the services we have agreed to provide commence.
(b) The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
(c) “We” “Us” and “Our” means Soul & Surf Limited.
(d) References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide to or provide you with under your booking with us.
1 Your Holiday Contract
1.1 When you make your booking you agree that you have authority to accept and do accept on behalf of the party named in your booking, the terms of these Booking Conditions. The person making the booking (“the Party Leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of all party members under the age of 18 years, when the booking is made.=
1.2 The Party Leader is responsible for making all payments due to us and under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
1.3 A contract will exist as soon as we issue a Booking Confirmation Invoice to the Party Leader. The contract is made in the terms of these Booking Conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so and you are resident in Scotland or Northern Ireland.
1.4 Once you have received your Booking Confirmation Invoice please check this carefully. If any of the information contained within the Booking Confirmation Invoice is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. We cannot accept any liability if we are not notified of any inaccuracies within 7 days of issue of the Booking Confirmation Invoice to you.
1.5 We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so.
2 Special Requests
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. Confirmation that a request has been noted will be included on your Booking Confirmation Invoice or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
3 Financial Protection
We provide full financial protection for our package holidays by way of a Financial Failure insurance policy.
4 Holiday Price
4.1 We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday you wish to book before your contract is confirmed.
4.2 When you make your booking your must pay a deposit of 25% of the holiday cost. All prices shown are per person. The balance of the price of your travel arrangements must be paid at least 4 weeks before your Arrival Date. If the deposit and/or the balance is not paid in time we shall cancel your travel arrangements. If the balance is not paid in time, we shall retain the deposit. If you are booking a holiday 4 weeks or less before the Arrival Date the full cost is payable at the time of booking.
4.3 For payment by credit card, debit card or Paypal we charge a fee of 3% of the total holiday price which relates to the fees that our payment provider charges us. This will automatically be added to the amount required to be paid by you. We make no charge for payments by bank transfer to our UK bank account.
4.4 Changes in transportation costs, dues, taxes or fees chargeable for services and exchange rates mean that the price of your travel arrangement may change after you have booked. However, there will be no change within 30 days of your Arrival Date. We will absorb, and you will not be charged, for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged the amount over and above that, plus an administration charge of £1 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you have the option of accepting a change to another holiday if we are able to offer one (we will refund the price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendments charges. Should you decide to cancel you must do so within 14 days of the date of your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or re-use your policy. Should the price of the holiday go down due to the changes mentioned above by no more than 2% of your holiday cost then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in the local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
5 If You Change Your Booking
5.1 If, after we have issued a Booking Confirmation Invoice to you, you wish to change your travel arrangements, we will do our best to make these changes, although it may not always be possible to do so. Your request to change your booking must be made in writing by the Party Leader. You will be asked to pay an administration charge of £50 and any further costs we may incur in making this alteration. When changing your travel arrangements, the price will be based on the price applied on the date you make the change. The price may not be the same as when you first made your booking.
5.2 A major change to your holiday, which would include but is not limited to a change to the commencement date of the holiday, will be treated by us as a cancellation of your booking with us and the cancellation charges appearing at paragraph 6 below will apply.
6 If You Cancel Your Booking
If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by us at our Registered Office or by email at <click to show address>. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable by you. The cancellation charge is a percentage calculated on basis of the total costs payable by the person cancelling not refundable in the event of cancellation.
Period Before Arrival Cancellation Charge
In Which You Notify Us Per Person
More than 30 days Deposit paid or payable at time of booking
29 days or less 100% of the travel arrangements
7 If We Change or Cancel Your Booking
It may occasionally be necessary for us to make changes to or cancel your booking. If we make a significant change, we will inform as soon as reasonably possible and if there is time before your departure, you will have the choice of either accepting the change, accepting the offer of an alternative travel arrangement of comparable standard from us, if available, (we will refund any difference in price if the alternative is of lower value), or cancelling your booking and receiving a full refund of all monies paid. These options do not apply to any minor changes we may make which may include, but are not limited to, change of accommodation for another of the same or a higher standard.
We will not cancel your travel arrangement less than 8 weeks before your Arrival Date except for reasons of force majeure or a failure by you to pay the final balance of your booking. If your holiday is cancelled (other than by reason of non payment of the travel arrangements by you) you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. We will refund any price difference if the alternative is of a lower value.
If we cancel or make a major change and you accept a refund, we will consider an appropriate fund of your travel insurance premiums if you can show that you are unable to transfer or re-use your policy.
If we cancel or make a major change (other than by reason of non payment of the travel arrangements by you) to your booking, we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. Force majeure can include industrial disputes, riots, terrorist activity, war, fire, adverse weather conditions, epidemics and pandemics, nuclear or natural disaster
Period Before Arrival Compensation
In Which We Notify You Per Person
More than 42 days £10
29-42 days £20
15-28 days £25
14 days or less £30
8 Our Liability to You
8.1 We agree to perform and provide the travel arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your holiday. We will not be liable for any failure in the performance of the contract with you if this is due to:-
8.1.1 The fault of yourself and/or another member of your party;
8.1.2 A third party unconnected with the provision of the travel arrangements and where failure is unforeseeable or unavoidable;
8.1.3 Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care and been exercised;
8.1.4 An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled.
8.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to
8.2.1 The contractual terms of the companies which provide the transportation for your travel arrangements if they form part of your contract with us. These terms are incorporated into this contract; and
8.2.2 Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail, and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers, and loss, damage and delay to luggage.
8.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your holiday and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you.
8.4 If we are found liable for loss and/or damage to your luggage or personal possessions (including money) our maximum liability to you is limited to £1,000 per person unless a lower limitation applies under this contract or by virtue of international conventions.
9 Assistance by Us During the Course of Your Booking
If your contract with us is not performed or is improperly performed by us as a result of failing attributable to a third party unconnected with the provision of holiday services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances.
10 Passport, Visa, Immigration and Health Requirements
10.1 The passport and visa requirements of yourself and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to and at the time of travel.
10.2 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.
10.3 You must provide us with full details of any existing medical condition or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability we can also cancel the booking when we find out full details if in our reasonable opinion, the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, the cancellation charges set out in Clause 5 above will apply.
11.1 You must take out suitable insurance for all your needs before you travel. We cannot be held responsible for any costs you may incur as a result of failing do to do so.
11.2 You must provide us with the name of your insurer, policy number and 24 hour emergency help line number before you travel.
11.3 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.
12 Your Responsibilities and Behaviour Whilst on Holiday
12.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your holiday. Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.
12.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept your as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your travel arrangements if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will have no further responsibility for you or any other member of your party (including any return travel arrangements). If your unacceptable behaviour means that you are not board your outward flight, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation chargers referred to in Clause 5 above.
13 Excursions and Activities and Resort Information
Excursions, tours or other activities that you book or pay for whilst you are holiday do not form part of the travel arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.
14 Local Health & Safety Standards
You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower.
15 Our Website, Brochure and Advertising
The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur and information may change and you must therefore check all the details of your travel arrangements at the time of booking.
16 If You Have a Complaint
In the unlikely event that you have cause to complain during the course of your travel arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your travel arrangements with us by writing to us at our Registered Office or emailing us at email@example.com. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability.
17 Data Protection
Information about you or members of your party, including your names, contact and details and any special needs, disabilities, dietary requirements collected by us when you request information or making a booking with us. We may disclose this information to our service providers (who may be located outside the United Kingdom/EEA) for the purpose of providing you with your travel arrangements. Only information necessary for this purpose will be disclosed to them. On occasions, it may be mandatory for us to disclose information for security and terrorism purposes and any other purpose imposed upon us by governments or other regulatory authorities. We may use your information for the purposes set out in our Data Protection Registration with the Office of the Information Commissioner. We may disclose this information to companies which act as data processors on our behalf. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree with our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling. For example, if you contract an infectious illness whilst travelling, we may need to make special arrangements and to ensure that you do not return with the group immediately. From time to time, we may contact you with information about special offers or travel packages. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a Data Subject Access Request Form to obtain a copy of the information we hold about you. You will be charged a fee for this. Any request should be addressed to us at our Registered Office.
SOUL & SURF LIMITED SEPTEMBER 2015