BOOKING TERMS AND CONDITIONS
Please read the following terms and conditions carefully as they contain important information and will constitute the terms on which you enter into a contract with Fitzroy Travel Ltd (hereafter referred to as “Fitzroy Travel Ltd”, “we”, “our” or “us”). By confirming a booking with ourselves, making a deposit payment or sending a signed booking form, we are entitled to assume you have read, understood and agreed to these booking conditions.
1) BOOKING YOUR HOLIDAY
(a) To secure your booking, we require payment of a 30% deposit, or any agreed amount needed to cover additional permits and/or services, a signed copy of our Booking Form and confirmation that appropriate insurance cover is in place. If booking within 10 weeks of departure, full payment is required at the time of booking.
(b) Upon receipt of the above booking form and deposit payment, our suppliers will be contacted to reconfirm availability and provide you with written confirmation. From this point a Contract is made between you and Fitzroy Travel Ltd that is subject to these booking conditions. In most cases we will fully confirm your booking within 5 working days, please note that due to the remote nature of our holidays in some cases more time may be required. If we are unable to confirm your holiday as originally detailed in your proposal, and you are not satisfied with a proposed alternative, we will refund your payment in full.
(c) Your initial deposit forms part of the payment of your holiday and full payment of your Final Invoice is due not later than 10 weeks prior to departure. Please note that we are entitled to assume you wish to cancel if we do not receive all payments due (including any applied surcharges) in full and as the above timescales. In this case we are entitled to cancel your booking, retain your initial deposit and proceed as per the cancellation charges set out in paragraph 5.
(d) A pre departure pack along with travel documents will be sent to you approximately two weeks prior to your departure. If the booking date is less than two weeks before departure, every effort will be made to send your documents as soon as possible.
(e) Whilst every effort will be made to ensure that reasonable specialist requests are met, we will not be held liable if any special request is not met during your holiday. All special requests and medical conditions must be clearly detailed on the Booking Form.
2) ACCEPTANCE OF BOOKING
(a) By confirming your booking with us you accept that Africa can be an unpredictable and at times turbulent region. We cannot be held responsible for the consequences or effects of any alterations as a result of “force majeure” referring to any unpredictable or unforeseen circumstances that may in turn have a consequential effect on the contents or timing of your holiday. Such events may include, but are not limited to, actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
3) INSURANCE
It is a condition of us confirming your booking that you will take out insurance at the time of booking and it is your responsibility to do so. If no adequate travel insurance is in place we reserve the right to assume that you wish to cancel your booking with us. Your insurance policy must cover death, personal injury, medical expenses, rescue and repatriation as a result of medical requirements / death, cancellation and curtailment along with adequate cover for personal items. We cannot be held responsible for any specifics relating to a travel insurance policy you purchase.
4) FITZROY TRAVEL LTD PRICE POLICY
(a) Contained within your confirmation documents is a list of includes and excludes. Please note that any items not listed as “includes” will not form a part of the package.
(b) Whilst every effort is made to ensure accurate pricing both prior to and following confirmation. We reserve the right to vary your holiday price as a result of circumstances out of our control, these can be but are not limited to, increased taxes locally, airport fees, unforeseeable government action, and adverse exchange rates variations.
(d) All efforts will be made to avoid the imposition of a surcharge, however if imposition is necessary and if the imposed surcharge would increase the total holiday price by 10% or more, you have the right to cancel your booking within 14 days of the date of issue of our Supplementary Invoice and we will offer you a full refund.
(d) If despite every effort to avoid a charge, and a surcharge is necessary then a subsequent invoice will be raised to reflect this. If the imposed surcharge would increase the total holiday price by 10% or more, you are entitled to cancel your booking within 14 days of the invoice issue and be entitled to a full refund of all payments made to us, except for amendment charges previously incurred and any supplementary deposit (i.e. deposit in excess of the standard 30%) that was required at the time of booking.
5) AMENDMENTS & CANCELLATION
(a) Alteration by You
(i) We will do our best to accommodate any changes you wish to make to your holiday, up to your departure date. Please note that any additional charges incurred are your responsibility.
(ii) If you make changes to your itinerary after commencement of travel, any additional costs must be borne locally by you. No refunds will be made for products booked and then not used due to changes made by you.
(ii) Any alterations to your booking that are made following departure must paid for locally unless otherwise expressed by Fitzroy Travel Ltd. We are unable to offer any refunds for services not used due to any change you have made.
(iii) If changes are made as a result of a member of your group being prevented from travelling, we will where possible transfer to someone else assuming a suitable time scale of no less than 3 weeks before departure. All costs and charges relating to the transfer must be paid in full prior to processing the transfer.
(b) Cancellation by You
All cancellations must be advised to Fitzroy Travel Ltd in writing by the lead passenger of the party. Cancellations are effective on the day that they are received by Fitzroy Travel Ltd. The following cancellation charges as a percentage of your holiday cost will be payable and are dependent on the number of days prior to the departure when we receive written notice of cancellation:
Days prior to departure when advice of cancellation
More than 91 days – 30% (Loss of deposit)
60 – 91 days – 50%
0 – 60 days – 100%
If there is cause to cancel your booking you should refer to your holiday insurance policy. If cancellation is caused by illness or certain other unavoidable causes, the policy may apply and you may be able to recover the cancellation charges. In this connection, you are reminded that once a deposit has been paid and we have confirmed the booking, a contract exists and that we are entitled to make a claim in law for the above cancellation charges even if you have not completed payment of the balance of the holiday cost.
Should you have reason to cancel your booking, please refer to your travel insurance policy. In a case where cancellation is caused by unavoidable causes, your policy may cover you to reclaim these charges.
(c) Alterations by Fitzroy Travel Ltd
(i) Whilst systems are in place to ensure that descriptions, pricing and information given on our website and your itinerary are accurate. Changes and errors are possible however, if necessary we reserve the right to make any necessary changes and correct errors in advertised details (including price) at any time before your booking is confirmed.
(ii) Following the issuing of a confirmation invoice, every effort is made to ensure your holiday is operated as advertised. In the unusual event that we need to modify a holiday prior to departure or cancel a confirmed booking we will inform you as soon as reasonably possible. The majority of such changes are minor. Occasionally, in order to successfully operate your holiday, we may have to make a ‘major change’. A major change, as referred to in these booking conditions, would be one or more of the following – a change of flight time by more than 12 hours, a change of destination or a change to a lower standard of accommodation for the whole or a major part of the time you are away.
(iii) In the event of major changes or cancellation, you will be directly notified, or in the case of agent bookings through your agent if applicable, as soon as practicably possible. We will offer you a choice of alternative arrangements or should you prefer, a refund of all money paid. Any increases in cost must be paid for by you, any decreases in cost will be returned to you by form of a refund.
(iv) If we have to make a major change, we will also pay you appropriate compensation (totalling no more than 2% of the total booking value) depending on the circumstances surrounding the major change subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above choices can be accepted where we are forced to make a change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. In addition, compensation will not be payable if your booking is cancelled due to a failure on your part to comply with any requirement of these booking conditions which entitle us to cancel or for any minor changes.
(v) Occasionally, we may be forced by ‘force majeure’ to significantly change or terminate your holiday after departure but before the scheduled end of your time away. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
(vii) A minor change is any change which does not come under the definition of ‘major change’ as set out in paragraph 5 above. We will do our best to notify you of minor changes where possible, however we are not obliged to do so, nor are you entitled to change your booking or receive a refund.
(viii) If Fitzroy Travel Ltd becomes unable to provide a significant proportion of your holiday following departure, suitable arrangements will be made for you at no extra cost to you or, alternatively, you will be returned to your point of departure and given a pro-rata refund for ground arrangements not received.
(d) Cancellation by Fitzroy Travel Ltd
If we are obliged to cancel your holiday for reasons other than your non-compliance with these booking conditions, we will do our best to offer comparable alternative arrangements or will give you a full refund. If cancellation is due to force majeure or circumstances otherwise beyond the control of Fitzroy Travel Ltd, we will be entitled to deduct from your refund any reasonable expenses that we may have incurred. For the purposes of these booking conditions force majeure means any event which we or the supplier of the services in question could not foresee or avoid even with all due care. Such events may include, but are not limited to, the actual or threat thereof the following – war riots and civil strife, terrorist activity, natural or nuclear disaster, weather conditions, fire, flood, drought, industrial disputes, government action, airport regulations and closures or technical transportation problems which may affect the service of hotels abroad or the scheduling of aircraft or other transport or any other similar events outside of our control.
6) FINANCIAL PROTECTION
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Fitzroy Travel Ltd, ABTOT number 5409, and in the event of their insolvency, protection is provided for:
Non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Fitzroy Travel Ltd.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
7) YOUR RESPONSIBILITIES
(a) Before confirming your booking, it is your responsibility to ensure you fully understand the visa requirements in place for your destination. Whilst we are happy to advise, it is your responsibility to thoroughly check visa and entry requirements with the appropriate Embassy or Consulate before departure.
(c) It is your responsibility to check all pre departure documentation including any flight tickets to ensure that all the names and details are correct and correspond with your passports. Should there be any errors or alterations you must inform us immediately. We cannot accept liability for incorrect details on your travel documents unless caused by our negligence.
(d) It is your responsibility to consult your local GP or travel clinic before departing in order to make sure that you have taken all the necessary health precautions and have all necessary medical precautions in place.
(e) The Foreign & Commonwealth Office Travel Advice Unit monitors all overseas destinations and offers safety advice to British travellers. It is recommended that you review their website and associated guidelines before confirming your booking with us. www.fco.gov.uk/knowbeforeyougo
(f) If the behaviour of any member of any party is considered likely to cause offence, danger, damage or distress to others, we reserve the right at all times to cancel or terminate a holiday completely. If, for example, any airline pilot, driver, accommodation owner or manager, or senior member of our staff considers that the behaviour is unacceptable, they are authorised to terminate a holiday wherever and whenever necessary. If this situation arises, our responsibility will cease immediately and we will not be obliged to cover any expenses incurred by the party concerned and neither will we consider any claims for compensation or refunds whatsoever. We will also be within our rights to impose cancellation fees.
(f) If during the course of your holiday the behaviour of any member of any party is reasonably considered likely to cause offence, danger, damage or distress to others, we reserve the right at all times and without prior notice to cancel or terminate a holiday completely of any and all persons. Should this occur, our responsibility will cease immediately and we will not be obliged to cover any expenses incurred by the party concerned, nor assist with return travel arrangements and neither will we be liable for any compensation claims or refunds whatsoever.
8) EXCURSIONS
It is possible that we, or other third parties, will inform you of additional activities and excursions available to you on your holiday but that are not included in your booking. As these are entirely independent of ourselves we cannot accept any liability on any basis relating to such activities or excursions. Deciding to book any such services will result that any contract for such services will be between yourself and the local company providing the services.
9) COMPLAINTS
(a) Should you encounter any problems during your holiday, please promptly inform our local representative and/or the relevant supplier who should be the primary point of contact to resolve your issue. Should you wish for us to take any action regarding the complaint we must be able to show that it was first reported to the local representative. Failure to adhere to this simple procedure will result in us being unable to accept liability as we have been deprived of the opportunity to investigate and rectify the problem.
(b) Details of our local representative in each country that you visit, and who can be contacted in the event of a complaint, will be supplied with your travel documents. If your problem cannot be resolved locally, you should contact us and we will do everything within our power to resolve the matter satisfactorily.
10) LAW
Your Contract is with Fitzroy Travel Ltd. All matters concerning this contract will be governed by English Law (and no other). We both agree that any disputes and/or claims which arise as a result of your booking is to be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you reside in Scotland or Northern Ireland.