ACTIVE HOLIDAY 4U
GENERAL TERMS & CONDITIONS
Please read these General Terms and Conditions carefully as they are an important part of your contract for your holiday. By asking us to confirm your booking, we are entitled to assume that you have read these General Terms and Conditions and agree to them.
1. Holiday contract
1.1. When you make a booking, you enter into a contract with Active Holiday 4U a private, sole-trader business operated by Marianna Borbély and whose main trading address is 6 Sunderland Place, Wigan, Lancashire, WN50QT.
1.2. These General Terms and Conditions, together with the Booking Conditions set out on our website form the basis of your contract.
1.3. In particular, all clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, by e-mail or by any other means, will be deemed to have agreed to the following four conditions:
1.3.1. they have read and accepted our General terms and Conditions and the Booking Conditions and general information pages contained in our brochure and/or on our website.
1.3.2. they appreciate and accept the risks involved in adventure travel.
1.3.3. they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour. If any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking to discuss your requirements.
1.3.4. the person making the booking confirms that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named including infants and children on the booking and confirms that all such persons are fully aware of and accept these conditions. Any person who is under 18 years old must be accompanied by an adult on his or her journey.
2. Securing and Paying for your holiday
2.1. Before you book please discuss your choice of resort, accommodation and transport with our reservations staff or your travel agent, to make sure it will be suitable for you and the people you will be travelling with.
2.2. If you have a special request for anything that is not automatically part of your holiday, please inform us when you book your holiday and we will pass this information on to the suppliers we work with. Our note of your request on your invoice confirms we have received it but does not guarantee that we, or the relevant supplier, can meet your request. We will confirm in writing the inclusion of any special request in your holiday and will not pay any compensation for failing to meet a special request that we have not confirmed separately in writing.
2.3. To secure a booking, we must receive payment of the minimum deposit of 10% of the total tour price, per person, (or full payment if booking within 60 days of the start of your tour or at an earlier stage for some tours). A higher deposit will be payable if any supplier(s) requires additional payment at the time of booking / prior to balance due date. The applicable deposit will be confirmed at the time of booking.
2.4. Once you have booked we will issue a confirmation invoice setting out the details of your holiday and the full price.
2.5. The balance of all monies due must be received by us or our authorised travel agent not later than 60 days before the start of your holiday, unless we expressly inform you at the time of booking of a different due date for payment of the final balance. For certain holidays, full payment must be received sooner.
2.6. If you book within the 60 days of the start date of your holiday, you must pay the full holiday price at the time of booking, unless we inform you otherwise.
2.7. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out in section 5.
2.8. You can pay online on our website, or by cheque or bank transfer. A booking fee of 1.4% will be added to all payments made online on our website. No booking fee is applied to payments made by cheque or bank transfer.
2.9. Please make sure that you have supplied us with the correct credit card billing information. If you do not supply the correct credit or debit card billing address and/or cardholder information, the confirmation of your holiday may be delayed, and the overall cost may increase.
2.10. In addition to the provisions of clause 2.8 we also reserve the right to do random checks in order to minimise credit card fraud.
3. Promotional offers and Discount Scheme
3.1. From time to time we will make available various promotional offers, which are for new bookings only and cannot be used retrospectively.
3.2. From time to time we will also offer a discount scheme, details of which will be featured on our website https://activeholiday4u.co.uk
4. If you change your booking
4.1. If, after your booking has been confirmed, you wish to transfer to a different holiday or departure date, we will make every effort to satisfy your requirements. However, this may not always be possible. In instances where arrangements are already in place for a specific overseas holiday this may not be possible without loss of deposit.
4.2. Any request to change arrangements must be made in writing by the person who made the booking or their travel agent, not later than the date on which balance of the original holiday price is due for payment. Alterations made after this date will be regarded as a cancellation by you of the original holiday and a new booking for a different holiday, and the cancellation charges set out in section 4 will apply. If you wish to transfer your confirmed booking to another person, you can do so, provided that this is not later than the day on which the balance of your holiday is due. In instances where arrangements are already in place for a specific holiday, this may not be possible without loss of deposit. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to us for the payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing component parts of your holiday.
4.3. A confirmed booking can be changed or transferred free of charge to a different departure date or tour, up to 60 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges.
4.4. If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by you) up to 60 days prior to departure. Any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid. (As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight / an alternative flight.)
4.5. Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made. If you have paid supplements for accommodation and the number of people in your accommodation changes, you may have to pay extra and may lose any free or reduced infant and child places or any free group places. Any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
5. If you cancel your booking
5.1. Should you, or any member of your party, decide to cancel your holiday booking you must advise us in writing, either by letter or by email. To cancel by email, please send a copy of your original email confirmation to email@example.com. A cancellation will take effect from the date that written notice is received at our office. As we incur costs in cancelling your arrangements you will have to pay the applicable cancellation charges shown below:
5.1.1. 60 and more days before tour start date – loss of deposit
5.1.2. 42-59 days before tour start date – 30% or loss of deposit if higher
5.1.3. 28-41 days before tour start date – 60%
5.1.4. 14-27 days before tour start date – 90%
5.1.5. Less than 14 days before tour start date – 100%
5.2. If the reason for cancellation is covered under the terms of your holiday insurance policy, you may be able to reclaim these charges. If you cancel your holiday we will not refund any insurance premiums, trekking permits, or flight payments paid at time of booking.
5.3. As per the EU Package Travel Directive 2018 you will be able to cancel a booking with no termination fee 'in the event of unavoidable and extraordinary circumstances' in 'its immediate vicinity'. If this happens whilst you are on the holiday, we will bear the costs for continued accommodation not exceeding three nights.
5.4. If you return home early from your holiday (or are unable to take part in the activity), we cannot refund the cost of any services you have not used. Depending on the circumstances you may be able to claim on your travel insurance.
6. Your participation on the holiday
6.1. Participation on our walks and activities requires an appropriate level of fitness.
6.2. We reserve the right to exclude you from individual walks or the walking programme as a whole if in the reasonable opinion of our tour leader the demands of the walk would be detrimental to the interests or safety of you or the group as a whole. We also reserve the right to refuse any booking for a graded walking or trekking holiday where we are not satisfied that the applicant’s fitness and experience are appropriate to the holiday selected.
6.3. We reserve the unconditional right to refuse a booking or to debar a person from a holiday in the event of conduct which in our reasonable opinion is likely to cause distress, damage or annoyance to guests, employees, property or to any third party.
6.4. Parents or guardians undertake to accept full responsibility and supervision of and for their children at all times.
6.5. We do not accept bookings from unaccompanied children under 18.
7.1. We reserve the right to alter the prices of any of our holidays, Prices on our website are updated regularly. We will advise you of the current price of the holiday before your booking is confirmed.
7.2. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your holiday may change after you have booked, subject to the following:
7.2.1. There will be no change within 30 days of your departure.
7.2.2. There will be no charge for any increase equivalent to 2% of the price of your holiday, which excludes insurance premiums and any amendment charges.
7.2.3. You will be charged for any amount over and above 2% of the price of your holiday, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission.
7.2.4. If the increase in price is above 8% of the price of your holiday you will have the option of either:
18.104.22.168. accept a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or
22.214.171.124. cancel your holiday and receive a full refund of all monies paid, except for any amendment charges. You must cancel within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
7.3. Should the price of your holiday be reduced by more than 2% of the original price of your holiday, due to the changes mentioned in 7.2, then any refund due will be paid to you. However, please note that packages are not always purchased in local currency and some apparent changes have no impact on the price of your package due to contractual and other protection in place.
8. Brochure and website accuracy
8.1. The information and prices in our brochures and website have been carefully checked and we believe they are correct at the time of publication. Occasionally changes and errors can occur, and we reserve the right to make changes. If this occurs, we will advise you before your booking is confirmed. We feel it is right to point out that advertised facilities may be subject to change by the various suppliers concerned. There may be occasions when an advertised facility or activity is not available during your own holiday. This may be due to insufficient numbers, weather, operational or maintenance reasons. All hotel gradings are those provided by the countries concerned.
8.2. Walks and activities may be subject to variation or cancellation due to party size, weather, or operational considerations and we cannot guarantee that a particular walk will operate during a holiday. We cannot guarantee that any specific leader or number of guests or leaders will be present on any holiday.
8.3. Notwithstanding the 8.1 and 8.2 we will be explicitly liable for booking errors which have been caused by us.
9. If we alter your holiday plans
9.1. If we have to alter your holiday before departure, any alteration will either be major or minor. Where an alteration is minor, we will, if practicable, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor alteration is any alteration apart from a major alteration as defined below.
9.2. A major alteration would involve changing your tour or time of departure by more than 6 hours, offering accommodation with a lower rating, or changing your resort or airport. If a major alteration occurs, we will advise you as soon as is reasonably possible. You will then have the choice of accepting the alteration, taking an alternative holiday (and where this is of a lower price, we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid. In addition, in appropriate cases, we will pay you compensation on the scale shown below (on the assumption that the full balance has been paid).
9.3. Where, after departure, a significant proportion of the services contracted for is or cannot be provided, you will have the choice of returning to your point of departure and receiving a pro rata refund for the cost of the remainder of your holiday or accepting alternative arrangements. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances as follows:
9.3.1. Period of notification given Compensation to you or your travel agent per person:
9.3.2. More than 42 days before holiday date – none
9.3.3. Between 28-41 days before holiday date - £20
9.3.4. 13 days or less before the date of holiday - £40
9.4. Compensation payments relating to a child place for which you have paid a child price are half the amounts shown in 9.3.3 and 9.3.4 (up to half the child price paid). Children using a free child place will not receive any standard payment.
10. If we cancel your holiday
10.1. We make every endeavour to operate all of our holidays. If we have to cancel your holiday, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference) or withdrawing from the contract and accepting a full refund of all monies paid. We shall not cancel a holiday or travel arrangements after the date when the payment of the balance becomes due, unless this is as a result of force majeure.
11. Force Majeure
11.1. We will not pay you compensation if we have to cancel or amend your holidays as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid. Examples include war or threat of war, riots, civil strife, terrorist activities, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control.
12. Travel and transport
12.1. Tickets for travel of any kind whatsoever, whether by land, sea or air, are issued subject to the conditions and regulations published in the timetable, books or other notices of the persons, companies or authorities undertaking such transport. There is no guarantee that flights will depart at the time specified, and we do not have any liability to you for any delay which may arise.
12.2. We make group flight bookings for our holidays in advance. Once these seats have been filled, extra seats are requested on a booking by booking basis. Sometimes there may be the need of a further supplement to be paid in addition to any holidays costs shown in our brochure. This is beyond our control and comes from the airline provider. Any additional supplements will be quoted at the time of confirming your booking.
13. Your financial protection
13.1. Your holiday booking with us is fully insured on our insurance policy, at no extra cost to you, for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy also includes repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Active Holidays 4 U. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
14. Our responsibility
14.1. Where you do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with us in the UK not be as described in the brochure and not be of a reasonable standard, and, subject to 14.3, 14.4 and 14.5 below, will pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers, such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to you as compensation by us.
14.2. Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements booked with us before departure, we accept responsibility subject to 14.3, 14.4 and 14.5 below.
14.3. We accept liability in accordance with 14.1 and 14.2 above and subject to 14.4 and 14.5 below except where the cause of the failure in your holiday arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your own fault, or arises from the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of all due care.
14.4. Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International Conventions, namely the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955), the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962.
14.5. It should be noted that our acceptance of liability in 14.1, 14.2, 14.3 and 14.4 above is conditional upon you assigning any rights to us that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in section 16.
14.6. Other than as set out above, or in the EU Package Travel Directive 2018 and as is detailed elsewhere in these conditions of booking, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.
15. Passports, Visas and Health
15.1. It is your own responsibility to check that your passport, visa or health certificate is in order. We cannot accept responsibility for any delay or expense incurred through irregularities in your documents. Additionally, we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If your failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
15.2. For up to date UK Government health & travel advice please visit www.fco.gov.uk, www.hpa.org.uk and www.nathnac.org and contact your GP. See our Holiday Information pages and website for further information.
16.1. Adequate travel insurance is mandatory for everyone travelling on an overseas holiday.
16.2. You are wholly responsible for arranging your own insurance. You must ensure that you have personal travel insurance with protection for the full duration of the holiday in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter repatriation. You should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your holiday. You must ensure that all travel insurance purchased meets your particular requirements and you should arrange supplementary insurance if need be.
16.3. We reserve the right to insist that you provide us with details of your travel insurance and the further right to cancel your holiday if you, unreasonably, refuse to provide the requested information.
17.1. If you have a complaint during your holiday you must notify our management, leader or local representative immediately and they will do their best to resolve the problem. Should it not be possible to resolve your complaint there and then, you should write to our office within 28 days. All complaints that are received are thoroughly investigated and guests are kept informed. Sometimes investigations can take time, especially when awaiting a response from suppliers. We aim to settle all complaints amicably.