Terms & Conditions
TERMS & CONDITIONS
These terms and conditions apply to any bookings made after the 1st September 2019.
PLEASE READ CAREFULLY:
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
References to “Travel Arrangements” in these Booking Conditions are to the accommodation, transport, activities, excursions and other services we feature on our website. These Travel Arrangements offered to you are considered a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. For more information on rights under these Regulations please go to: Package Travel Regulations – Key Rights
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these Booking Conditions and general information pages contained in our brochure and/or on our website and has the authority to and does agree to be bound by them;
- he/she appreciates and accept the risks involved in experiential travel;
- he/she is over 18 years of age 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;
- he/she does 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 as referred to in clause 18 below so that we can advise as to the suitability of your chosen arrangements;
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
- YOUR TOUR CONTRACT
The contract is between you and us. We both agree that the law of the United Arab Emirates (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Dubai only. None of our employees have the authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
Your booking is confirmed and a contract exists when we issue a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to us or authorised agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to us.
- TO SECURE YOUR BOOKING
(Please refer to Clause 3 “Late Bookings”)
To secure a booking, you must pay us a deposit (or make full payment if the booking is made within 90 days of the start of your tour or at such earlier stage as is advised to you at the time of booking). On occasions, full payment for a service may be required at the time of booking. The applicable deposit (and any other payments required) will be confirmed at the time of booking.
When you submit your booking request, we will treat this as a ‘not-guaranteed’’ booking, at this point the booking is only provisional and is not confirmed. Your booking is accepted and becomes definite only from the date when we send you an e-mail to confirm that your ‘on request’ booking has been confirmed. It is at this point that a contract between you and us comes into existence.
For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking.
Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease holiday prices. Please see “Tour Prices” section.
We (and our agents) reserve the right to decline any booking at our absolute discretion.
If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail.
Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to email@example.com
- LATE BOOKINGS
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours.
For bookings received within 6 weeks of the start of your tour (or at an earlier stage for certain tours), we reserve the right to pass on any extra costs incurred due to the late nature of the booking, we will advise you of such additional costs at the time that you make your booking.
For bookings received within 6 weeks of your tour (or at an earlier stage for certain tours), the contract between you and us comes into existence as soon as full payment has been captured by us or our authorised travel agent.
Please Note: If you make a late booking or a ‘on request’’ booking, we would strongly recommend that you do not book any flights or make any other arrangements in connection with your chosen trip until you have received written confirmation of availability from us. In the event that you do choose to book flights or make any other arrangements before receiving written confirmation of availability from us then we will have no liability to you for any refunds of such costs incurred, in the event that your chosen booking is not actually available.
- PAYMENT FOR YOUR TOUR
The balance of all monies due, including any surcharges applicable at that time, must be received by us (or our authorised travel agent) no later than 90 days before the start of your tour. For certain tours, full payment must be received at an earlier stage before the start of your tour. You will be advised at the time of booking when this is the case.
If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 below will become payable.
For holidays which do not include flights arranged by us, all monies paid to an authorised travel agent will be held on our behalf.
You can pay the deposit and full amount by credit or debit card. We accept Visa, Mastercard, American Express. Other payment methods may be available on our booking page.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
The price of your travel arrangements has been calculated using exchange rates provided on an ongoing basis in relation to the following currencies: USD, CAD, AUD, NZD, EURO, HKD, AED.
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:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- 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
- the exchange rates relevant to the package.
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.
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 .
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.
- CUTTING YOUR HOLIDAY SHORT
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
- IF YOU CHANGE OR TRANSFER YOUR BOOKING
If you wish to change any part of your booking after our e-mail confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.
Where we can meet a request, an administration fee of 75 GBP/AED 350 per booking plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged, if a confirmed booking is changed or transferred to a different departure date or tour, up to 90 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges below. Changes are subject to availability. For an administration fee of 75 GBP/AED 350 per booking, you can request a credit voucher for the amount paid in respect of any cancelled booking. This must be redeemed within 6 months of issue against a new booking. The voucher is not transferable, can only be redeemed against one booking and cannot be exchanged for cash. No refund or further credit voucher will be provided if the cost of the new booking is less than the value of the credit voucher.
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 9.
Transfer of Booking:
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:
that person is introduced by you and satisfies all the conditions applicable to the holiday;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of AED 350 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these booking conditions and all other terms of the contract between us.
- 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 9 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
- IF YOU CANCEL YOUR BOOKING BEFORE DEPARTURE
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Email is accepted as a form of written communication. However, cancellation by email will only take effect when receipt of the email is confirmed. If no acknowledgment is received within 2 working days you should make a follow-up request.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows. The cancellation charges are calculated from the day written notification is received by us and as a percentage of the total tour price per person cancelling, excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which will apply to most tours. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour.
- > 90 days before tour start date – retention of deposit
- 42-89 days before tour start date – 50% of balance of tour or retention of deposit if higher
- <42 days before tour start date – 100% of tour cost
Amendment charges and insurance premiums are not refundable in the event of cancellation. It is strongly recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges.
Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of the insurance policy. All claims must be made direct to the insurance company. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges in excess of the amount already paid to the Company at the time of cancellation, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking.
Part cancellation of a booking may result in additional costs being payable by the remaining clients. To clarify all additional extras, single supplements, pre and post tour nights, personalised childcare services, rental equipment and experiences will incur 100% cancellation charges up to 90 days before the tour start date.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
In case of an unavoidable and extraordinary circumstances that occurs at your holiday destination or its immediate vicinity that significantly affects the performance of the holiday or significantly affecting the transport arrangements to the destination, 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 UK 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.
- IF WE CHANGE OR CANCEL YOUR TOUR
As we plan your tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make an insignificant change to your tour, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard, changes of transport providers etc.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.
(d) A significant change to your itinerary, missing out one or more destination entirely.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at our discretion. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel, whether or not such expenses arise from a change of itinerary, and we are not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. We will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
We will not cancel your travel arrangements less than 42 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(for significant changes) accepting the changed arrangements; or
(ii) having a refund of all monies paid; or
(iii) accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
(iv) 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.
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.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|PERIOD BEFORE DEPARTURE IN WHICH WE NOTIFY YOU||AMOUNT YOU WILL RECEIVE FROM US* .|
|More than 42 days||Nil|
|41 to 28 days||AED 50|
|27 to 14 days||AED 100|
|Less than 14 days||AED 200|
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make an insignificant change;
- where we make a significant change or cancel your arrangements more than 42 days before departure;
- where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- 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).
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.
- FORCE MAJEURE
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “Force Majeure”. For the purposes of these Booking 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, natural or nuclear disaster, disease, fire, 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 etc. 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.
- IF YOU HAVE A COMPLAINT
We make every effort to ensure that your tour arrangements run smoothly but if you do have a problem during your tour, please inform our Tour Guide immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us via email firstname.lastname@example.org.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Email is accepted as a form of written communication. However, formal complaints by email will only be deemed to have been received when receipt of the email is confirmed. If no acknowledgment is received within 2 working days you should make a follow-up request.
Please Note: Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract. You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.
- PASSPORTS, VISAS AND VACCINATIONS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with us as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. 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 do not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that we are not responsible for any errors or omissions in this information.
- TRAVEL AND CANCELLATION INSURANCE
Adequate travel Insurance WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 is mandatory and is a condition of your contract with us. You are responsible for arranging your own insurance cover. You are responsible for ensuring that you have alternative personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover. We recommend that you ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your tour. You should satisfy yourself that the travel insurance you purchase meets your particular requirements and should arrange supplementary insurance if need be.
- INSOLVENCY PROTECTION
TWO FOUR DMCC is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel and Linked Travel Arrangements Regulations” all passengers booking with TWO FOUR DMCC are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of TWO FOUR DMCC. This insurance has been arranged by Trust My travel Limited.
Any non-fulfilment or partial non-fulfilment (a “Claim”) with a Booking must be reported to Trust My Travel by email to email@example.com within 72 Hours of when the Booking should have been fulfilled (for example if you book tickets for a performance on 1st May then you have until 4th May to report non-fulfilment). If an issue is not reported in accordance with these terms and conditions then you will not have any form of redress against Trust My Travel or the TWO FOUR DMCC under these terms. If you have a dispute with regard to the quality of the Travel Products, rather than reporting a non-fulfilment of the Booking (“Quality Issue”) then Trust My Travel may (but are not obligated to) take such action as in our sole discretion deem to be reasonable to assist you in mediating a satisfactory settlement to the Quality Issue with the TWO FOUR DMCC. Trust My Travel may charge you a fee for the mediation of a Quality Issue that Trust My Travel will inform you of before proceeding. Trust My Travel suggest you contact the TWO FOUR DMCC with Quality Issues in the first instance but please note the reporting date of a complaint is subject to the TWO FOUR DMCC’s terms and conditions.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance.
If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.
- TOUR PARTICIPATION AND CLIENT RESPONSIBILITY
You must provide any information we ask for in good time and are responsible for providing accurate information to us. This includes the on boarding form that you will be asked to complete prior to your trip. It is important that you complete all information we request accurately and on time as we cannot be held responsible for any problems or additional costs that may arise from any inaccurate or incomplete information that you may provide.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that we are not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither, us nor our Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to accept the authority and decisions of our employees, tour leaders, fixers, agents, childcare staff and guides whilst taking part in your tour. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, the tour leader, childcare staff, sales and customer experience staff or hotel manager), your health, level of fitness or conduct at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of yourself or any third party (including any other clients of ours) or the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without refund or recompense, this will also be the case where it is discovered that you have committed a criminal act (such as causing damage).
If you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion nor refund you for any unused services.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Any clients who have taken part in racist / offensive / abusive or any other form of discriminatory behaviour to any of our clients or to any third party will be excluded from the tour and will receive no refund for any missed services or accommodation.
- CHILDCARE SERVICES
Parents remain responsible for their children at all times throughout the trip, except during specified supervised childcare sessions which are clearly indicated on each itinerary. It is the responsibility of the parents to ensure that their children are handed over to childcare staff for these sessions and the appropriate form is signed at drop off and pick up. Where parents fail to sign their children in and out of these sessions, they all assume all responsibility for the safety and welfare of their children.
The childcare supervisor reserves the right to ask that parents or guardian do not leave their children in a supervised childcare session or that they return early from an activity. The reason that this may happen is because their child has become unusually upset, is complaining of feeling unwell or an incident has occurred where the childcare supervisor feels parent or guardian involvement is required. Our childcare supervisors are highly trained and experienced and so will do everything in their power to prevent such a request being made, but the parents or guardian must accept the decision of the childcare supervisor without question.
During travel time, family activity time or free time, the childcare staff may still assist the parents or guardians in looking after or entertaining the children, however this does not mean they have assumed responsibility for the welfare and safety of the child at that time.
Certain activities have been categorised as suitable for family inclusive, adults only (18 years and older), or for certain age groups, for example 7 years and older. Further restrictions may be enforced by the activity provider due to weight and/or heights. It is the responsibility of the parent to satisfy themselves that the activity on offer is suitable for their family including children. Parents and guardians must adhere to any/all restrictions enforced by the activity provider and/or two point four staff.
On occasions, activities may dictate that at least one parent or guardian must remain with their child at all times throughout. In this case one parents or guardian may have the opportunity to avail of an optional activity whilst the other parent or guardian remains with their children.
Childcare staff are allowed to administer long term medication and medication in an emergency situation i.e inhalers, epi-pens. Our childcare staff are all first aid trained. Parents or guardians can seek specialist advice from a qualified doctor or GP at their own request or expense should they decide their child or unwell or injured.
A detailed audit and checklist is prepared for each hotel and activity throughout the duration of the trip as listed under the services in the tour contract. It is the responsibility of the parent or guardians to make themselves aware of any risks or potential risks that have been identified and how they will mitigate the likelihood of any injury or suffering because of this. Examples of this may include but are not limited to swimming pools with no children safety fences or depth markers, uneven paths or steps etc. Our tour guides and/or childcare staff will bring this to the attention of the parents or guardians and are on hand to offer advice or assistance but at no time will accept responsibility for any risk they may pose.
- HEALTH, DISABILITIES AND MEDICAL CONDITIONS
We are not a specialist disabled tour company, but we will do our utmost to cater for any special requirements you may have. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and also update us if/when any change in your condition or disability occurs.
You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We reserve the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
We reserve the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the on ground staff determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to us at the time of booking. We may refuse to carry women who are over 24 weeks pregnant. We may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by us for any reason by the deadline indicated above, we reserve the right to cancel your booking and all applicable cancellation fees will apply.
You acknowledge that adventures travel and the products and services offered may involve a significant amount of risk to your health and safety. You are responsible for assessing whether a Tour is suitable for you. By traveling you acknowledge that you have considered any potential risks to health and safety. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. We do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements. You hereby assume responsibility for all such risks and release us from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered.
Travel may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and we make no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
- SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
- AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by us, the minimum age for minors travelling on any Tour is 2 years old.
All bookings with a minor are subject to review and approval by us. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. We will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behaviour, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Whilst we provide care services for minors, we expressly disclaim any responsibility for chaperoning or controlling any minor(s), outside of the agreed supervised childcare sessions.
All of our tours are designated as “Family Tours”. In order to participate in a Family Tour, you must be travelling as part of a “Family Unit”. A “Family Unit” is a group of two or more persons travelling and booking together, where at least one person is a minor in the care of at least one of the accompanying adults. One minor may accompany one or more adults for the purposes of being considered a Family Unit. We reserve the right to cancel the booking of anyone travelling or planning to travel on a Family Tour who, in our sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise does not meet our requirements for participation in a Family Tour.
- ADDITIONAL TERMS APPLICABLE TO CERTAIN TRAVEL STYLES
The following terms and conditions will only apply if you are booking or travelling on Private Tours:
Price Validity: Upon receipt of your Private Tour booking request we will provide you with a quote for the chosen Tour. Prices quoted for all Private Tour Tours are valid until the date indicated on the quote, after which time we reserve the right to provide you with a revised quote. Any modifications to a Private Tour itinerary, including dates or number of people travelling, will be subject to a revised quote.
Payment and Cancellation: Payment for the full amount due for any Private Tour is due 90 days before the departure date of the first product of service on your booking. If full payment is not received by the due date, we may issue a new quote, including a change to the rate payable or may treat the booking as cancelled and may, in its sole discretion, retain the deposit paid on booking as a cancellation fee. If a Tour is booked less than 90 days before the departure date of the first product or service on your itinerary where Private Tour is included, then the full amount is payable at the time of booking.
In addition to the deposit, certain elements of your Private Tour may be subject to higher or different charges (including different cancellation charges). These charges will be applicable solely when required by our suppliers. If this situation arises, we reserve the right to ask you to make payment of the requested sum within a certain period and prior to balance due date. These terms, if applicable, will be communicated to you prior to booking and will also be detailed on your invoice.
You may cancel your booking by notifying us in writing. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by us and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance or air products).
Deposit Terms for Private Tour: At the time of booking, a non-refundable deposit in the amount of 20% of the Tour price, per person per Tour is payable. If the booking is made 90 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be paid to us or the authorised agent, as applicable.
Cancellation Terms for Private Tours:
(a) Cancellation 90 days or more before tour start date – retention of deposit;
(b) Cancellation 60-89 days before first tour start date – 50% of balance of tour or retention of deposit, if higher;
(c) Cancellation less than 60 days before tour start date – 100% of tour cost.
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
- OUR RESPONSIBILITY FOR YOUR TOUR
Please Note: Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition.
Notwithstanding the above, 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 invoice. Subject to these Booking 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 any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking 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.
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:
- the acts and/or omissions of the person affected; or
- the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
- 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:
- 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.
- 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 is 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.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel. 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.
- 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.
- 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.
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- 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
- relate to any business.
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. 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.
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.
- NO LIABILITY FOR THIRD PARTY SUPPLIERS
We make arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable care in selecting Third Party Suppliers, we are unable to control Third Party Suppliers, do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than us and our employees.
We are not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Two Four DMCC and our parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of us or of our Third Party Suppliers of any services which form part of the booking contract then we limit our liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms and any liability of us and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to us and/or the Carrier:
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by us up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from us on request.
In so far as we may be liable to you in respect of claims arising out of carriage by sea, we are entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Our liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which we may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, we will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability we may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then our liability will not exceed $1,000 USD. We will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against us and our suppliers, contractors or other third parties.
- OPTIONAL EXCURSIONS AND ACTIVITIES
We and our tour leaders and fixers may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements but which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way.
Where a tour leader collects payment for or otherwise assists in booking any such activity or excursion for you, we and the tour leader act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply.
We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 18(2) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We do not guarantee that any optional activity, babysitting service or excursion mentioned on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as .
- IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, us or our representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to us, our contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
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 in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price 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.
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.
- PROMPT ASSISTANCE
If, whilst you are taking part in your tour, 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 Booking 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.
- FOREIGN AFFAIRS ADVICE
You are responsible for making yourself aware of Foreign Affairs advice from your respective governmental agency in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the UK Foreign & Commonwealth Office to avoid or leave a particular country may constitute Force Majeure (see clause 11).