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TERMS AND CONDITIONS
These Terms and Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Tropic Breeze. Please read them carefully as they set out our respective rights and obligations. In these Terms and Conditions references to “you” and “your” include the first named person (“Party Leader”) on the booking and all persons on whose behalf a booking a is made or any other person to whom a booking is added or transferred.
Where your booking is for a “Package”, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”),
A Package exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
(a) transport; or
(b) accommodation; or
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and
(d) any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website or telephone call and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.as defined within the Package Travel and Linked Travel Arrangements Regulations 2018. We have provided clarity within these Terms and Conditions on which rights are NOT applicable to Single Component Bookings.
By making a booking, the Party Leader agrees on behalf of all persons detailed on the booking that:
a. He/she has read these Terms and Conditions and has the authority to and does agree to be bound by them;
b. He/she 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);
c. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
1 Contract
1.1 The contract is between Tropic Breeze Limited (company number 4137790) (“Tropic Breeze”, “we”, “us”, “our”) whose registered office is at The Old Coach House, Yealmbury Hill, Yealmpton, PL8 2JH and the Party Leader, representing all other named persons on the booking.
1.2 A contract is created when we issue a written confirmation invoice (“Confirmation”) to you after receipt of the Booking Form and deposit or full payment. If a Booking Form is not completed, but the Party Leader verbally accepts and confirms our quotation and verbally authorises us to take a deposit or full payment by credit or debit card by supplying us with the card details and we issue Confirmation, a contract is also created.
1.3 Your Financial Protection: We provide financial security for flight-inclusive packages by way of our Air Travel Organisers' Licence number 5615 ("ATOL"), issued by the Civil Aviation Authority ("CAA"), Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
When you buy an ATOL protected flight or ATOL protected flight included holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are not able to provide you with your holiday for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought, or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For more information visit the ATOL website at www.atol.org.uk/atolcertificate.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Tropic Breeze membership number 5500, and in the event of their insolvency, protection is provided for the following:
Accommodation only bookings
ABTOT cover provides a refund in the event you have not yet travelled. Please note bookings made outside the UK are only protected by ABTOT when purchased directly with Tropic Breeze. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can find out more about ABTOT here: https://www.abtot.com/.
2 Booking and Deposits
2.1 To book your holiday you should complete the Booking Form and return it to the address below together with a deposit of £250 per person for hotel holidays, 35% of the total value of the holiday for sailing holidays or such other amounts as we may request from you at the time of booking. The deposit level for a villa holiday is usually £250 per person plus an additional 25% but this will be confirmed by your sales consultant. An additional security deposit is also required for villa holidays and is payable on arrival at your villa - the amount will be confirmed to you prior to booking.
2.2 All correspondence will be with the Party Leader, who must have the authority to sign the Booking Form on behalf of the parties identified in the Booking Form. The Party Leader will be responsible for the full cost of the holiday and any associated costs.
2.3 One payment per passenger can be accepted for the deposit. As of 13 January 2018, no surcharge will be added for payments made by personal credit or debit cards but a 2.5% surcharge will apply for payment by company card. We do not accept payment by American Express or non-UK bank card. We will process card payments based on the type of card advised by the client, however, we reserve the right to surcharge the client if the bank later charges the company.
3 Booking Confirmation and Payment
3.1 Upon receipt of your Booking Form we will send you Confirmation. Please check the details carefully to ensure it accurately reflects the holiday you have requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes later. We may also send you some further information with the Confirmation.
3.2 Should your holiday include a yacht charter a copy of the relevant terms of business of the yacht charter company will be forwarded to you on receipt of your deposit. Should you require a copy of these terms of business prior to that date they may be obtained on request. These terms of business may contain different conditions from those contained herein and you will be required to sign a copy of these terms before you take delivery of your boat.
3.3 The outstanding balance of the price of your holiday is due no later than 70 days before the date of departure. Should we not receive payment of the balance by this date we reserve the right to treat your booking as cancelled by you and the terms of clause 5 will apply. If you are booking within 70 days of the date of departure full payment will be required.
3.4 We will accept one payment per passenger towards the balance. Additional payments may be made but a charge of £2 per payment will be made to cover the additional costs to us. As of 13 January 2018, no surcharge will be added for payments made by personal credit or debit cards but a 2.5% surcharge will apply for payment by company card. We do not accept payment by American Express or non-UK bank card. We will process card payments based on the type of card advised by the client, however, we reserve the right to surcharge the client if the bank later charges the company. We do not accept payment in cash.
4 Can I alter the booking?
4.1 We will do our best to accommodate any alterations you may request after the contract is formed.
4.2 To make an alteration the Party Leader must send us notice.
4.3 We may make an administration charge of up to £100 per alteration and pass on any third party costs associated with the alteration to you.
4.4 Alterations which are of a significant nature may be treated as a cancellation and rebooking (for example, if you want to travel on a different date).
Transfer of Booking:
4.5 If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
4.5.1 that person is introduced by you and satisfies all the conditions applicable to the holiday;
4.5.2 We are notified not less than 7 days before departure
4.5.3 The transferee agrees to these Terms and Conditions and all other terms of the contract between us, and;
4.5.4 you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
4.6 Certain airlines, transport providers, hotel and other accommodation and holiday providers prevent us from changing the name on the booking, and some cannot guarantee that the holiday can be transferred to another person as certain airlines and other transport providers treat changes as a cancellation and either re-book or charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
5 What if I have to cancel my holiday before departure?
5.1 You, or any member of the holiday party, may cancel their holiday at any time provided that the Party Leader gives us notice of the cancellation which is received by us prior to the date of departure together with all documents issued to the Party Leader by us in accordance with this contract.
5.2 Cancellation charges will be payable by you. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that amendment charges are non-refundable.
|
Number of days before departure |
Percentage of total holiday price |
| 70 days or more | Loss of Deposit |
| Between 57 and 69 days | 35% |
| Between 56 and 46 days | 70% |
| Less than 46 days | 100% |
5.3 Where the holiday price has been calculated by reference to minimum occupancy levels and as a result of a cancellation the occupancy level decreases to a level where a higher holiday price would apply, we reserve the right to pass on that additional cost to the other members of the party.
5.4 Please note that certain arrangements may not be cancelled after they have been confirmed in the Confirmation and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangement.
5.5 Please note that you may be able to recover these costs under the terms of your holiday insurance.
5.6 Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Please note: the above clause 5.6 applies only to Package bookings.
6 Can Tropic Breeze cancel or change the booking?
Cancellation
6.1 We will do our utmost to provide the holiday you have booked and will not cancel your travel arrangements less than 70 days prior to departure, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if for example, the minimum number of customers required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel your holiday, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the following options:
6.1.1 receive a full refund from us of all monies paid; or
6.1.2 (for significant changes) accept alternative arrangements from us; or
6.1.3 accepting an offer of alternative arrangements of a comparable or higher standard from us, if available (at no extra cost); or
6.1.4 if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Insignificant Changes
6.2 We will do our utmost to provide the holiday you have booked. However, we reserve the right to make insignificant changes to and correct errors in holiday details both before and after Confirmation and we will have no liability to you. For example, when a yacht is damaged or airlines change their flight schedules or type of aircraft or change of accommodation to another of the same or higher standard. We will advise you of such alterations as soon as reasonably possible.
Significant Changes
6.3 Sometimes we may have to make a significant change to your confirmed arrangements. . Examples of significant changes may include the following when made before departure:
6.3.1 a change of outward departure time or overall length of your arrangements by more than 12 hours
6.3.2 a change of accommodation to a lower grade or star rating for the whole or a significant part of your time away.
6.3.3 a change of resort area for the whole or a significant part of your time away;
6.3.4 a change of UK departure point excluding changes between
6.3.5 a significant change to your itinerary missing out one or more destination entirely
Compensation payments
6.4 In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
a) if, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
b) if we cancel your booking and no alternative arrangements are available
6.5 Please note that the compensation payments below are based on each full fare-paying passenger. Any children paying at reduced rates will receive compensation on a pro-rata basis of the full fare-paying passenger rate.
Period before scheduled departure within which major change is notified to you
|
Number of days before departure |
Compensation per person |
| 70 days or more | £0 |
| Between 40 and 69 days | £10 |
| Between 39 and 15 days | £20 |
| Less than 15 days | £40 |
Please note that if you can show that you have incurred greater loss than the above compensation payments, we may offer a greater compensation payment to you.
Important Note: We will not pay you compensation in the following circumstances:
a) where we make an insignificant change
b) where we make a significant change or cancel your arrangements more than 70 days before your departure
c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative arrangements;
d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 11]
6.6 The cancellation compensation set out above does not apply to Single Component Bookings
6.7 If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
7 Holiday Insurance
7.1 It is a condition of booking that each party to the Booking Form has suitable and adequate holiday insurance that must cover the following as a minimum:
7.1.1 cancellation by you for any reason, including as a result of illness, death of you or a relative; and
7.1.2 the cost of assistance, including repatriation in the event of accident or illness.
7.2 It is your responsibility to ensure that you have suitable and adequate cover that is valid. You must advise us in writing of your policy number and 24 hour emergency contact telephone number so that we can respond properly to an emergency whilst you are abroad.
8 Can Tropic Breeze vary the price of the holiday?
8.1 The prices on our website are based upon known costs and exchange rates at the time we put this information on our website and are merely intended to provide an indication of the price of a holiday and as such we will not be bound by these prices.
8.2 Each holiday is ‘tailor made’ and a written quotation will be provided upon application. Due to the volume of quotations that are generated, occasionally we may make an error in preparing a quotation. Prior to issuing Confirmation, we will not be bound by such errors. We reserve the right to cancel the booking before and after Confirmation if you do not wish to accept the price which is actually applicable to the holiday.
8.3 We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airlne cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
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 and/or additional services or travel arrangements. You will be charged for the amount over and above that.
However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting 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 cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 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.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of [£1]. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
9 Special Arrangements
9.1 The prices quoted on our website are based on all parties named on a booking form travelling together.
9.2 We are happy to make arrangements for you to travel separately (for example, different flights, departure locations, etc). There is an administration charge of £20 per booking in this respect.
9.3 We are happy to make arrangements for your individual requirements, although, unless we can obtain written confirmation from our suppliers that specific requirements will be met, we cannot make any guarantee in this respect.
9.4 Travel tickets and hotel or yacht charter vouchers are only valid for the dates specified and cannot be transferred to other dates.
10 Liability
A: Package Bookings:
1) Where you have booked a “package” with us, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your Confirmation. Subject to these Terms and Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday, you may be entitled to an appropriate price reduction or compensation or both.. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms and Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard), for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
B. Single Component Bookings:
Our basic obligation under this contract is to select suppliers with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused.
C. All Bookings:
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. This includes any additional requirements imposed by countries relating to other countries or areas you may have visited or transited through in the weeks and months prior to your travel with us. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 11)
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(8) Where your holiday is subject to third party terms of business such as a yacht charter company, you may be requested to sign a declaration, detailing your experience, and other matters before you take possession of the yacht. If, at any stage, the charter company considers that your experience is insufficient, they will require you to have a professional skipper on board, at your expense and subject to availability.
(9) Sailing as a sport has inherent risks and by booking a sailing holiday you are deemed to be aware of these. With the exception of negligence as outlined above, we accept no responsibility for loss or injury arising from the use of any yacht, dinghy or related equipment. In particular we will not accept responsibility for loss or injury through your failure to carry out an instruction or order of the charter company, staff or agents.
11 Force Majeure
Except where otherwise expressly stated in these Terms and Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Terms and Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
12 Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Please note: the above clause 12 applies only to Package Bookings
13 Air/Sea Travel and Delays
13.1 Your Confirmation will detail airline, flight numbers and provisional timings. It is your responsibility to confirm your flights with the airline 48 hours prior to departure to confirm final flight times and terminal. We cannot accept responsibility for any loss, including missing a connecting flight, either in the UK or abroad, or unused accommodation, as a result of the late arrival of a flight. You should ensure that you have adequate travel insurance to cover this situation. If you are purchasing a ticket for an onward connecting flight, you are advised to purchase a fully flexible ticket in case of late arrival.
13.2 All air and sea travel is subject to the terms of business of that specific company and may also be covered by the Montreal and Athens Conventions respectively and certain EU Regulations. A copy of such terms and conditions may be obtained on request. The Citizens Information Board, a statutory body which supports the provision of information, advice and advocacy on a broad range of services, contains some further advice at this website: www.citizensinformation.ie/en/travel_and_recreation/air_travel/airline_liability.html.
13.3 If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline for denied boarding, delays and cancellation of flights. Further information on your rights as a passenger will be available at EU airports, from the airlines or at this website: http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement of the cost of your flight is often the responsibility of the airline and will not automatically entitle you to a reimbursement of the cost of your holiday from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Terms and Conditions (which includes the behaviour of any passenger(s) od any flight who, for example, fails to check in or board on time.)
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been despatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
The brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
14 Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to ensure that you have any necessary health documents, a valid passport and visa, if required, for every member of your party (including children) and that the travel documents will not expire within 6 months of your scheduled return date. Requirements may change and you must check the up-to-date position in good time before departure. If your passport is in its final year, you should check with the Embassy of the country you are visiting. If you or any member of your party is not a British Citizen or does not hold a British passport, you must check passport and visa requirements with the consulate or Embassy in which you are intending to travel, prior to booking. For more information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Depending on your destination, we will set out general information about passport and visa requirements which apply to British Citizens and information about health formalities required for the journey and the stay before Confirmation. For more information about your health when travelling abroad, please see this website provided by the Foreign and Commonwealth Office: www.gov.uk/knowbeforeyougo.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
15 Weather Conditions
15.1 There is a significant risk of extreme weather, including storms and hurricanes, in certain areas of the world, including destinations that we feature. You are advised to make your own enquires in this respect prior to completing the Booking Form and we are not responsible for such extreme weather conditions.
15.2 If you are taking a sailing holiday, the charter company may require you to return the yacht to the boat yard, disembark and stay in a hotel at your expense if weather conditions become or are likely to become adverse. You should examine the charter company’s terms of business in this respect.
16 Yacht Insurance
16.1 All the yachts are fully insured, details of which are available on request.
16.2 We cannot accept liability for any loss suffered as a result of the insurers failing to indemnify any risk through you providing incorrect information or previous sailing experience on the Booking Form or to the charter company.
17 Yacht Damage
17.1 You will be required to pay a security deposit prior to taking possession of a yacht. If damage is caused as a result of wilful damage or negligence, or sailing under the influence of alcohol or drugs, or not obeying the charter company’s staff or agent’s advice or instructions, you may be liable for the full cost of repair or replacement. You should examine the charter company’s terms of business in this respect.
18 Client Behaviour
18.1 We reserve the right, in our absolute discretion, to terminate this contract without further notice if the behaviour of any member of your party, is, in our opinion, or that of our suppliers and agents, likely to cause damage, distress, annoyance or danger to our supplier’s employees or agents, a third party, or their property.
18.2 Upon such termination, our responsibility for you ceases and we will not be responsible for any extra costs incurred by you.
18.3 Any party who is denied boarding an aircraft on grounds of serious misconduct shall be deemed to have given notice of cancellation of their holiday in accordance with clause 5, no refund will be payable and we will have no further liability, including to any extra costs you may incur as a result.
19 Dealing with Complaints
19.1 We hope that you will have no cause for complaint, but if you do, this should be raised with the manager of the accommodation or the charter company, who will endeavour to resolve the problem immediately. If having done this, you are still unsatisfied, notice should be sent to us before the end of your holiday so that we have the opportunity to resolve the problem whilst you are away. Notice can be sent by email to [email protected] or by telephone on 01752 880 880. The manager of the accommodation or the charter company must also be advised in writing before the scheduled return date of your holiday that you propose taking this step for administrative reasons.
19.2 If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted. Details of this scheme are available from The Travel Industry Arbitration Service, administered by: Dispute Settlement Services, 9 Savill Road, Lindfield, West Sussex, RH16 2NY, E-mail: [email protected].This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.
20 Excursions
20.1 You may arrange excursions with local suppliers during your holiday. Such excursions do not form part of this contract and do not constitute an additional contract with us. We will not accept responsibility for any excursions, facilities or other services which do not form part of our agreement and/or are not contained in the Confirmation.
21 Website & Brochure Accuracy
21.1 Any photographs in our brochure and on our website are intended to give a general impression only. There may be occasions when the facilities are withdrawn, sometimes at short notice. If a certain set of facilities are particularly important to you, please ensure that we are advised of this fact on the booking form and where circumstances dictate, we will do our best to advise you of their withdrawal, provided our suppliers have advised us of the relevant omission.
21.2 Although we make every effort to ensure the accuracy of our website and brochure information and pricing, occasionally mistakes do occur. We reserve the right to make changes to correct errors in the brochures and website before and after Confirmation. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
22 Your Personal Information
22.1 We process the personal details that you provide during the course of your enquiry and in your booking form, which normally involves passing your personal details on to relevant suppliers of your holiday arrangements. We may also store and use your personal information in order to contact you in the future - please view our Privacy Policy for further information. If you have any questions, please email [email protected].
22.2 We have notified the Information Commissioner's Office about our data processing activities under notification number ZA000157.
23 General
23.1 We reserve the right to sub-contract the fulfilment of this contract or any part thereof.
23.2 Any notice required to be sent by you must be in writing and must be sent to Tropic Breeze by prepaid recorded delivery post and shall be effective when received at Tropic Breeze’s address. The address for service on us is:
Tropic Breeze Limited
The Old Coach House
Yealmbury Hill
Yealmpton
PL8 2JH
The address for service on the Party Leader is the address as stated on the Booking Form.
For the avoidance of doubt, day-to-day communications may be sent by email at [email protected].
23.3 English law governs the contract and you agree to submit to the jurisdiction of the English Courts. You may, however, choose to submit to the laws and jurisdiction of Scotland or Northern Ireland if you are a resident in either of those jurisdictions, but not to any other laws and/or jurisdiction.
© Tropic Breeze July 2018
