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AGENCY TERMS & CONDITIONS

From 14 September 2019

Except where otherwise specified, we, Go Active Tours Ltd, Charles Lake House, Claire Causeway, Crossways Business Park, Dartford, Kent, DA2 6QA, company number 10295622 act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase (“Arrangements”) or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any arrangements. For all Arrangements, your contract will be with the supplier of the arrangements in questions (the “Supplier/Principal”).

All references to ‘packages’ and ‘package holidays’ on this website, marketing material or in these Agency Terms & Conditions means packages organised by third party Supplier/Principals on whose behalf we act as an agent. We do not organise or sell packages in our own name.

By making a booking with us, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

  1. has read these Agency Terms & Conditions and agree to be bound by them;
  2. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); and
  3. is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions, you declare that you and all members of your party are of appropriate age to purchase those services;
  4. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

1. Contract

When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation company, flight operator, insurer) of the Arrangements, as specified on your confirmation invoice. As agent, we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by them. Your booking with us is subject to these Agency Terms & Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s booking conditions may limit and/or exclude the Supplier/Principal’s liability to you. Please ask us for copies of these if you do not have them.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.

2. Booking

Bookings can be made using our online order form, by email or by telephone (in which event all details will be read back to you). Once you have confirmed these details, we will proceed to confirm the booking with the Supplier/Principal.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your Arrangements or other persons necessary for the provision of your Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside of the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. Full details of our data protection policy are available on our website.

3. Payment

In order for you to book your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements (or full payment if booking within 70 days of departure or as requested by the Supplier/Principal). You must also pay all applicable insurance premiums and booking fees.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

4. Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the booking form for the price of your chosen Arrangements at the time of booking.

5. Insurance

We require you to take out travel insurance as a condition of booking via us to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have arranged a policy for you, please check it carefully to ensure that all the details are correct and all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.

6. Special Requests

If you have any special requests (for example dietary requirements, cots or room location), please let us know at time of booking. We will pass on all such requests to the Supplier/Principal, but we cannot guarantee that they will be met and we will have no liability to you if they are not. We will notify you of the results prior to your departure.

7. Changes and Cancellations by you

Any cancellation of amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £25.00 per booking for any amendments to bookings and an administration fee of £25.00 per person for cancellations or as otherwise stated. We will notify you of the exact charges at the time of amendment or cancellation.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

8. Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.

9. Our Service Charges

In certain circumstances, we may apply a service charge for the agency service we provide in addition to any charge levied by the Supplier/Principal. We will notify you of any such changes.

10. Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

11. Visa, Passport and Health Requirements

We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.

12. Complaints

Because the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure, there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, you should write to the Supplier/Principal. You will see their name and contact details in any confirmation documents that we send you.

We will of course assist you with this if you wish – please contact Customer Services. You can also access the European Commission Online Dispute Resolution (ODR) platform at the following link: http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.

If you wish to complain about any service that we have provided to you (i.e. our booking service), then please contact us directly.

13. Delivery of Documents

All documents (e.g. invoices/tickets/Insurance policies) that need to be posted will be sent to you by First Class post. Once documents leave our offices, we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued, all costs must be paid by you.

14. Law and Jurisdiction

These Agency Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceeding in your local court under Scottish or Northern Irish law, as applicable).

15. Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to your departure. If you fail to reconfirm, you may be refused permission to board the aircraft and you are unlikely to receive any refund.

16. Accommodation Ratings and Standards

All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

17. Documentation and Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question and are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Arrangements or any other services, please contact us.

18. Financial Protection

All the package holidays that we sell come with protection for your money. If you buy a single travel service, then this might not apply. Package holidays are protected by the package organiser (which will be the Supplier/Principal) and we will provide you with their confirmation.

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