Terms & Conditions
Vacation Package Booking Agreement
1. Your Vacation Contract
1.1. Your booking is made with Hays Tour Operating Limited (“us”, “we”, “HTOL”), a travel company based out of the United Kingdom, and the following booking terms and conditions, including without limitation all brochures, documents, correspondence and the terms and conditions of our suppliers, form the basis of your contract with us (collectively, “Terms and Conditions”). Please read them carefully as they set out our respective rights and obligations. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking or making a payment with us you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it. Please be aware that your booking will be shown as sold by Viva Holidays aka Weekender Breaks as a member of the Hays Travel Independence Group.
1.2. In these Terms and Conditions, “you”, “your” and “traveler” means the person making a booking with us and all members of their group. If you are making a booking as a group, the lead passenger of the group is responsible for sharing these Terms and conditions with all members of the group and is financially responsible for the booking. We will not be liable for a lead passenger’s failure to share these Terms and conditions with all members of their group (including anyone who is added or substituted) or any one of them, as the context requires.
1.3. The person who makes the booking (the “lead passenger”) represents and warrants that they are (a) of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
1.4. You agree that any violation of any such Terms and conditions may result in (a) the cancellation of your booking or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
1.5. We reserve the right, in our sole discretion, to change these Terms and conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.
2. Before You Book
2.1. Passport, Visa and Immigration Requirements
Travel to certain destinations may involve greater risk than others. HTOL urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, HTOL will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up to date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. HTOL strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings, tours, safaris, or other travel and activities. HTOL bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
2.2. Traveler Information
We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
2.3. Health, Pre-Existing Medical Conditions, Persons With Disabilities
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. HTOL will communicate requests to suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify HTOL at the time of booking of the status and the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel. For the safety of our travelers, HTOL reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
2.4. Excursions and activities which form part of your package
Accommodations
Accommodations are provided exclusively as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the traveler making the request.
Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
HTOL reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at HTOL’s sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While HTOL does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transfers
HTOL is pleased to offer transfers strictly in accordance with your individual itinerary, subject to additional fees as described in said itinerary. Except as expressly provided in your itinerary, you are solely responsible for transfers to and from airports and all other locations/destinations. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Meals
Meals are as expressly indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, HTOL and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of your request but we cannot guarantee their availability.
Sightseeing/Activities
Sightseeing tours, safaris and activities are included as expressly provided in the individual itineraries. These tours, events and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours, events and other activities will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour, event and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
Changes to Itineraries
HTOL reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. HTOL reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although HTOL may choose to amend itineraries for such sites.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity. We offer various excursions and activities which you can book with us as part of your vacation arrangements. These will be shown in your invoice. Some activities may require you to be in good health and, by booking with us, you confirm that anyone participating is in good health with no medical history that would make it dangerous to participate. You must observe safety instructions at all times. Excursions and activities are subject to minimum numbers, and may be cancelled at short notice. In such circumstance, you will receive a full refund of monies paid for the excursion or activity in question.2.5. Excursions and activities which do not form part of your package
Any items and matters not explicitly referred to in your itinerary (including any airfare) are not included in the trip price. This can include, but is not limited to, items such as international and domestic airfare (whether in connection with your initial arrival, final departure, or any inter-trip flights), checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; and all items of a personal nature. Additional taxes, park fees, access fees and other types of surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
2.6 Non-Operation of Group Tours, Activities or Events
Some tours, activities and events are based on a minimum number of participants. HTOL makes every effort to ensure that tours meet their minimum requirements. However, if the tour, activity or event drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of HTOL. In such case, travelers will be advised as soon as reasonably practicable prior to departure. HTOL reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and HTOL will not be liable for the carrier’s refusal to make any refund whatsoever. In such case HTOL will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.
3. Booking and Paying For Your Vacation
3.1. At time of booking, you generally (unless otherwise explicitly noted) must pay for said booking in full. Said payment is non-refundable except as expressly provided in these Terms and Conditions. If you confirmed your booking with a deposit, then the remaining balance of your booking must be paid in full at least twelve (12) weeks before your applicable departure date. If your booking includes a cruise, then the remaining balance of your booking must be paid in full at least sixteen (16) weeks before your applicable departure date. If we have not received full payment before that time, we reserve the right to treat your booking as cancelled by you (subject to any applicable cancellation fees) and to retain any deposits or other sums paid.
3.2. If we or your travel agent encounter any issues with receipt of your full and final payment (such as chargebacks), we reserve the right to treat your booking as cancelled by you and to retain any monies paid.
3.3. We reserve the right to cancel a booking which has been made at an incorrect price. When we become aware of any such pricing error, we will notify you as soon as reasonably possible. You will be given the option of accepting the correct price for your vacation, booking an alternative vacation or receiving a full refund.
3.4. We shall make a booking as soon as we receive receipt of your e-signed Booking Agreement. Booking invoices will be emailed to you within 48 hours of our receipt of your e-signed Booking Agreement. Your travel documents (e.g., flight tickets, carrier and accommodation information, and accommodation vouchers) will be emailed to you approximately 14 days before departure.
3.5. We will arrange to provide you with the various services which form part of the vacation you book with us. Before your booking is confirmed and a contract comes into existence, we reserve the right to increase or decrease, and correct errors in, advertised prices and to change any of the vacation details advertised. Any changes will be made known to you at the time of booking.
3.6. We are not liable for any mistakes, errors and/or omissions regarding your travel documentation. It is your responsibility to ensure all such information is accurate and correct; please refer to Section 2.2 above.
3.7. Out Of Date Range Flights
Occasionally when a booking is made a long time before the departure date, flight details may not be available. If this is the case, we will inform you at the time of booking. When the timings and other flight details become available we will inform you of these.
3.8. Travel Protection Insurance
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
HTOL is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. HTOL cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. HTOL cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
3.9. Advance Passenger Information
You must make sure advanced passenger information is submitted directly to your airline in advance of travel for all destinations.
3.10. Special Requests
We will endeavor to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms) and will pass any special requests to the relevant supplier. However, we are unable to guarantee that such requests will be met and are not liable for any loss suffered in the event of such requests not being complied with. Any requests concerning seating, baggage, specific rooms, dietary requirements, must be made directly with the airline, accommodation provider, or eatery and will incur additional fees and charges.
4. Credit Card Bookings; Improper Chargebacks
We accept payment via ACH wire transfer or most major credit cards, such as Visa, Mastercard, or American Express, and you must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions, including the non-refundable nature of all payments made by you in connection with your booking. As such, you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our non-refundability and chargeback policy. HTOL retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. You agree that the following chargeback scenarios are non-exhaustive examples of improper chargebacks, and we retain the right to investigate and rebut any such chargeback claims:
· Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used;
· Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud;
· Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description;
· Chargebacks resulting from force majeure or other circumstances that are beyond the control of HTOL or the Supplier
· Chargebacks resulting because you do not agree with these Terms and Conditions.
· Chargebacks because you disagree with a supplier’s terms and conditions (including without limitation the cancellation or refund policies), or changes made to certain components (e.g., flight time) of your vacation
· Chargebacks in connection with:
o A flight disruption of any kind or nature;
o Minor schedule changes (such as, without limitation, a change of airport in the same regio or city; the airline changing direct flights to stop-over flights prior to departure;
o Cancellations by the airline/air carrier;
o The quality, rating or standard of the accommodation being different than as-advertised to us or you.
o The relocation of your hotel or other accommodation due to reasons outside our control.
5. If You Want To Change Your Vacation
5.1. If you want to change any part of your vacation arrangements after your e-signed document has been issued, for example your chosen departure date or accommodation, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the lead passenger or by your travel agent. If it is possible to make the change, it will be subject to an administration charge of at least $55.00 per person, and payment of any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Since changes are considered cancelled services, additional cancellation penalties may apply; please see Sections 6.2 and 6.3 below. Changes are subject to additional hotel charges based on availability and may incur additional fees. Changes to airfare are subject to the air carrier’s terms and conditions.
5.2. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur additional charges amounting to over 100% of that part of the arrangements. Airlines normally regard name changes as a cancellation and rebooking, and any alteration shall incur a 100% cancellation charge in respect of the air fare.
5.3. Some accommodation and transport is priced according to the number of people. If fewer people share then the cost per person may go up.
5.4. If you desire to change your booking to a vacation of lower value, then regardless if you cancel that vacation, all payments made in connection with the original booking are still non-refundable.
5.5. Transferring Bookings Prohibited
You may not transfer the booking to another person or group, and any such attempted transfer or transfer shall be automatically deemed in violation of these Terms and Conditions, and you may be subject to additional fees and penalties in HTOL’s sole discretion. HTOL shall have no liability to you or any other person in connection with any such attempted transfer or transfer.
6. If You Cancel Your Vacation
6.1. If you or anyone on your vacation booking wishes to cancel the vacation, the lead passenger must notify us immediately in writing (including by e-mail) and request a written confirmation of your cancellation. Any notification by telephone will take effect at the time given provided that it is confirmed in writing by the lead passenger within 24 hours. If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
6.2. As described above, your payment in full at time of booking is non-refundable. HTOL is required to pay all suppliers well in advance of your trip date. This includes, but is not limited to, hotel accommodations, meals, show tickets, admission tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform HTOL immediately in writing and request a written confirmation of your cancellation. Upon receipt, HTOL will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not HTOL. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency. In addition, the below cancellation charges will apply.
6.3. Additional cancellation fees and charges may apply in cases where we must expend additional sums processing and effectuating your cancellation of your travel arrangements. If this is the case we will inform you as soon as possible.
6.4. Insurance premiums and amendment charges are also not refundable in the event of cancellation.
6.5. If you have bought a vacation voucher via a daily deal website for e.g. Groupon, etc, once the voucher has been redeemed then 100% cancellation charges will apply if you wish to cancel at any time.
6.6. FORCE MAJEURE
HTOL assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by HTOL that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our suppliers, we will refund these to you without any charge by us.
7. If We Change Or Cancel Your Vacation
7.1. Accuracy of Information
We rigorously check the information given in our advertising to ensure that it is correct to the best of our knowledge at the time of issue. However, we cannot guarantee the accuracy of the descriptions of the travel products displayed. Facilities may have changed from those advertised or be unavailable. Hoteliers and other suppliers may wish to maintain or improve their facilities, or take a break themselves. Tour, excursion, cruise or safari itineraries may change as a result of local conditions. We will always endeavor to advise you of any significant changes that we are made aware of prior to your departure.
7.2. Building Works
Many hotels and resorts are continuing to develop, sometimes intensively and often with little or no advance warning. Whilst we have no control over such work, it is important to us that you are aware of any significant building work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards but if we are informed of works which might reasonably be expected to seriously impair the enjoyment of your vacation, we will notify you as soon as possible.
7.3. Exclusive Escorted Departures
Provision of a HTOL staff escort on our advertised Exclusive Escorted Departures is subject to minimum passenger numbers being reached. Should minimum numbers not be reached your vacation will continue with other local ground representation. If this is the case, we will notify you a minimum of four weeks prior to departure.
7.4. Cancellation or Changes by HTOL
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we may offer alternate arrangements. We may, at our sole discretion, offer travel vouchers or refunds. Travelers are solely responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, HTOL and its suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the trip. Tours, events, and other activities may be altered as described above. HTOL cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason, regardless of whether the same are caused by a force majeure or your applicable suppliers.
8. On Vacation
8.2. Cutting Your Vacation Short; No Refunds
As HTOL’s prices are based on contract rates, there will not be any refund for any unused portion of a booking. If you cancel while the trip is in progress, there is no refund for the unused portion. Depending on the circumstances, your travel insurance may offer cover for curtailment.
8.3. YOUR BEHAVIOR
In the sole discretion of HTOL and our suppliers (including, without limitation, any airline pilot, hotel manager, tour leader or other person in authority), HTOL may require any traveler to leave the trip if it is reasonably believed that the traveler has engaged in, is engaged in, or is threatening to engage in, behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or HTOL representatives and our suppliers, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or has failed or refused, or is failing or refusing, to follow HTOL’s rules and procedures. In the event a traveler is removed, such traveler may be left at any city without any liability to HTOL or its representatives or suppliers. HTOL shall not be required to refund any portion of the price paid by any traveler who is removed under the terms of this paragraph, nor shall HTOL be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the traveler. You will be solely responsible for all damage you cause to any person, vehicle, accommodation or their contents during your vacation. These charges may need to be paid locally.
8.4. Additional assistance
If you seek additional assistance or information whilst on vacation and ask us to help we will endeavor to provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance, and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur in connection with any assistance requested by you.
8.6. Representative Services
Please note we do not have representative services available in all the destinations we feature and therefore you will not necessarily be met on arrival. Please ensure you refer to your travel documents which will provide the appropriate contacts details should you need assistance whilst on vacation.
8.7. Airline Failure; Baggage Fees; Insecticide Notice
In the unlikely event that the airline with which you are traveling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
If the Airline cancels your flight(s) and is not able to protect you via suitable alternate flight(s,) we will attempt to secure new airfare for you and any fare differential will be yours to pay. Should you not accept the new air itinerary within the timeframe allowed, refunds will be governed by the US Department of Transportation policies. Any allowed refund will only be for the airfare portion of your booking with us.
Unless otherwise expressly provided in writing to you from us, each traveler may only bring one (1) personal item only (e.g., a purse, tote bag, computer bag, briefcase, kid-sized backpack) on airlines. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. HTOL is NOT responsible for additional fees incurred for baggage or seating.
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
HTOL advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
8.8. Charges payable locally
In addition to your vacation price you may have to pay charges locally in resort, such as city taxes, resort fees and breakage/security deposits. Please ensure you have sufficient local currency available at your destination.
9. Our Liability to You
9.1. Please read this clause carefully as it sets out our entire financial and legal liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with our contract with you.
9.2. Non-Responsibility
HTOL, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. HTOL is an independent contractor and is not an employee, agent, or representative of any of these suppliers. HTOL does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All suppliers are independent contractors, and are not agents or employees or representatives of HTOL. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither HTOL, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of HTOL. HTOL assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; HTOL assumes no responsibility or liability for personal property; and HTOL shall be relieved of any obligations under these Terms and Conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. HTOL accepts no responsibility for lost or stolen items. HTOL reserves the right to refuse any traveler or potential traveler at its sole discretion.
9.3 Assumption of Risk; Waiver
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, HTOL and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release HTOL from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of HTOL and traveler hereby covenant not to sue HTOL for any such claims or join any lawsuit or action that is suing HTOL. These Terms and Conditions also bind your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
9.4 Indemnification
Traveler agrees to and shall indemnify and hold harmless HTOL, and each of our officers, directors, employees and agents (collectively for purposes of this indemnification, “HTOL”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by HTOL (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any damage caused by traveler while participating in the trip; or (iii) traveler’s negligence or reckless actions or behavior.
9.5 Limitation of Damages; Class Action Waiver; Notice of Claim Required
You agree that you will only bring claims against HTOL in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. HTOL shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against HTOL unless you have first provided (i) us with a reasonable opportunity to assist you during your trip and (ii) a typewritten notice of claim to HTOL within 30 days after the trip or cancellation of the trip. Traveler understands and agrees that Traveler’s maximum recovery against HTOL in connection with any and all possible claims permitted hereunder is strictly limited to the total commission earned or collected by HTOL for your specific trip/vacation.
9.6 COVID-19 RELEASE OF LIABILITY
By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 or similar diseases and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 or similar diseases by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip. You acknowledge that exposure to such viruses or diseases is an inherent risk of traveling, that cannot be controlled or eliminated by HTOL. You further acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on HTOL to provide these details. You understand that you may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to these Terms and Conditions, for which we will not be liable (and for which your payments hereunder are non-refundable). You agree that due to uncertainty caused by COVID 19 or similar diseases, HTOL has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, HTOL shall not be liable to any losses howsoever arising.
10. If You Have A Comment or Complaint
10.1. If you have a complaint about any of the services included in your vacation, please inform our local agent or notify the supplier of the service in question (e.g. hotelier). If your complaint is not resolved locally, please contact us at support@weekender-breaks.com and we will endeavor to put things right.
10.2. Please understand that we cannot consider any complaints, refund requests, issues with your travel or any other post-vacation submissions if you did not provide us with a reasonable opportunity to assist you during your trip. Please remember to quote your vacation booking number and daytime telephone number.
11. Privacy Policy
11.1. We are committed to respecting your privacy and protecting your personal information. Our privacy policy, incorporated herein by reference, is available on our website at: https://www.weekender-breaks.com/privacy-policy
12. Governing Law, Submission to Jurisdiction
12.1. Your contract with us and any dispute or claim arising out of or in connection with it shall be governed by the law England & Wales
12.2. You and we irrevocably agree that the courts England & Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract between us.
13. Entire Agreement & Severability. These Terms and Conditions, including the terms and conditions of our suppliers, constitutes your entire agreement with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to HTOL. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver or delay on the part of HTOL in exercising any right, power or privilege under this agreement shall operate as a waiver or bar to the exercise of such right, power or privilege at another time or of any other right, power or privilege. The rights and remedies of this agreement are cumulative and are not exclusive of the rights or remedies that HTOL may otherwise have at law or in equity.