1. Booking and Payment
To make your booking, please submit a booking request. The person who makes the booking (“party leader”) must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are aged under 18 when the booking is made. By making the booking request, the party leader confirms that he or she is so authorised.
In order to confirm your booking you are required to pay a deposit of 25% of the trip price (or full payment if booking within 75 days of departure). This will only be refundable in the circumstances set out in these booking conditions. For certain custom and private holidays, the deposit may be more than 25%, we will advise you of the applicable deposit prior to booking. Your balance must be paid by the due date shown on your invoice or in correspondence. Reminders are not sent. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
Once we receive the payment due at the time of booking and issue our confirmation invoice to the party leader, the contract between us will become binding and covers everyone you are booking on behalf of. After this, we will send you an invoice for the balance and advise you of the date for payment of the same. Website prices are quoted in UK Sterling.
Please check your invoice carefully as soon as you receive it and contact us immediately if any information which appears on the invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you may be required to meet any costs involved in doing so.
Payment will be accepted by:
• Visa Debit, Visa Credit, MasterCard Credit, MasterCard Debit, American Express and Discover credit cards.
• Bank Transfer (details available from our office).
It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking. See clause 8 on the subject of insurance.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to inf[email protected]
2. Cancellation of Booking
You may cancel your confirmed booking at any time prior to departure. You may also transfer your booking to someone else as referred to in clause 4 below. Any cancellation must be notified in writing by the person who made the booking. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
If you cancel your small group holiday:
● Cooling off period: Any booking made more than 75 days before travel benefits from a 48 hour cooling off period. You can cancel without penalty for 48 hours and receive a refund of your deposit.
● 76 or more days before travel – your deposit will be held as a credit for future travel.
● 75 days – 51 days before travel – we charge 40% of the holiday price
● 50 – 31 days – we charge 50% of the holiday price
● 30 days or less – we charge 100% of the holiday price
If you cancel your private departure or custom trip*:
● 76 or more days before travel – we charge 25% of the holiday price
● 75 days – 51 days before travel – we charge 40% of the holiday price
● 50 – 31 days – we charge 50% of the holiday price
● 30 days or less – we charge 100% of the holiday price
* please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled.
We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out travel insurance (see clause 8 below) to protect yourself from losing money if you have to cancel. You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.
3. Changes or Cancellation by Us
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
(1) We reserve the right to increase or decrease and correct errors in advertised prices, and to change any of the facilities or services shown in our itineraries or elsewhere at any time before your holiday is confirmed. Coronavirus and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) may have an effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
(2) We also reserve the right to cancel your holiday in accordance with this clause. For example, if the minimum number of clients required for a trip is not achieved, we may have to cancel your holiday.
(3) It is unlikely we will have to make any changes to your holiday and any changes are usually insignificant but we must reserve the right to do so. If a significant change becomes necessary, we will inform you as soon as reasonably possible in writing if there is time before your holiday begins. No compensation is payable for insignificant changes. Occasionally, before the start of your holiday, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking, or to any special requirement which we have accepted. All changes which are not significant will be treated as insignificant. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(4) All group holidays require a minimum number of participants to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before the start of your holiday.
(5) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. Where any alteration or alternative arrangements we are able to offer (and which you accept) result in a package of lower quality or cost, you will be entitled to an appropriate price reduction.
(6) If you choose to cancel your booking in accordance with clause 3(5), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us in the form of a credit note within 14 days of the effective date of cancellation (see above). If you do not wish to accept a credit note please contact us to discuss this. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 11).
(7) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 11) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 3(4). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 3(6)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred in connection with your holiday booking. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 2 will apply.
(8) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 3(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform the contracted arrangements. This may be the case, for example, where restrictions applied by any government mean you are unable to take your holiday. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.
(9) In the event that unavoidable and extraordinary circumstances (see clause 11) occur in the location where your itinerary is due to take place or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, we will offer you the choice of postponing your travel or changing to an agreed alternative holiday. If you change to an agreed alternative of a lower price, we will refund the difference in price to you. If neither of the options presented is acceptable you may cancel your trip and we will refund all payments made directly to us in respect of the holiday cost.
(10) We will not in any circumstances refund or be responsible for any expenses you may have incurred in connection with your booking such as flight payments, travel insurance, equipment purchases, visas etc where your booking is cancelled or changed as referred to in this clause.
4. Changes by You
Different rules apply to changes you wish to make depending on the tour you book.
Small group departures
You may request to change your small group trip and transfer your deposit to a new booking up to 75 days prior to departure. Up to 75 days prior to departure you may also request that your deposit be held in credit as a deposit for a future booking for yourself or someone else nominated by you. Requests to change your departure date made within 75 days of departure are treated as a cancellation and cancellation charge will apply as set out in clause 2.
Where it is possible to change to a different departure, there is no administration fee for the first request to change, any changes thereafter will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Wilderness England has made.
Private departures of fixed product
You may request to make changes to your private departure trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and cancellation charge will apply as set out in clause 2.
Where it is possible to change your private departure, there is no administration fee for the first request to change made 120 or more days before departure, any further changes and requests for changes made between 119 and 75 days of departure will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Wilderness England has made.
You may request to change your custom trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and cancellation charges will apply as set out in clause 2.
Where it is possible to change your custom trip, changes will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Wilderness England has made.
For all trips, you may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50, must be paid before the transfer can be effected.
5. Information Provided
The information appearing on our website and in any of our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Any information provided by Wilderness England on such matters as climate, travel, clothing, special equipment etc. is given in good faith but without responsibility on the part of Wilderness England.
We may also provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) 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.
6. Adventure Travel and Client Responsibility
6a) It is a fundamental condition of your booking that you accept the hazards involved in the sort of trips we operate and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the trip dossier is indicative only and not a guarantee that a particular route will be followed or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment, details of which will be sent to you at the time of booking.
If in the reasonable opinion of the Wilderness England Guide or Staff, your health, conduct, behaviour, fitness or equipment may compromise the safety of a trip, or if it could negatively impact the experience of other clients on the trip, we reserve the right to cancel or terminate your holiday.
This clause 6a equally applies where, following an on-trip accident or injury, we are of the view that you are not able to continue with the trip even if you are cleared to continue with physical activity by a medical professional. In these circumstances, you will not be entitled to a refund nor compensation.
6b) All minors travelling with Wilderness England must do so with an adult parent or guardian who is responsible for their well-being and behaviour throughout their holiday. Minors must not be left alone in the company of any other adult, in particular, their guide, at any time, the only exception being in emergency situations. All parents/guardians booking with Wilderness England Ltd should consider this carefully before committing to an adventure holiday with minors in their care.
6c) When you book with us, you accept responsibility for any damage or loss you cause. 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. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
6d) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
7. Accommodation Provision
Accommodation is usually in twin or double rooms unless stated otherwise and we request that clients who book individually share a twin room. Where a single room is requested, we will try to accommodate this but a single supplement will often apply – please check at the time of booking. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced for the relevant amount. On some itineraries please note that no single accommodation is available.
8. Personal Travel Insurance
It is a condition of our acceptance of your booking that you have appropriate travel insurance to cover your trip.
We strenuously recommend that you take out a travel insurance policy before you book your trip with us.
A travel insurance policy protects you and your holiday arrangements from the unexpected before and during your trip. It is your responsibility to make sure you have adequate cover and we are not able to offer advice on insurance. However, we recommend your policy should include cover for emergency medical costs, cancellation or curtailment of your trip, personal belongings/baggage and personal liability:
•In the event of emergency rescue and medical care and/or repatriation from a trip due to injury or medical emergency, any evacuation and medical costs will be borne by the client.
•If you need to cancel your trip with us then you may lose some or all of the money you have paid (see section 2).
•All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment.
Some options for Travel Insurance Providers include:
• Campbell Irvine Direct
• Journeyman Insurance Services
However, we recommend you do your own research to find the best provider for you. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
Please read your policy details carefully and take them with you on holiday.
9. Medical Conditions / Disabilities & Dietary Requirements / Special Requests
If you have any special request (such as dietary requirements), you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. Failure to disclose a medical condition, disability or reduced mobility that could affect you during the trip could place you and others at risk.
10. Independent Travel Arrangements
We will not be responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose to leave) or after the holiday. All air transport booked independently by you is undertaken entirely at your own risk.
11. Unavoidable and Extraordinary Circumstances
Except where otherwise expressly stated in these booking 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 damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, flood or an outbreak of serious illness at your holiday destination, closure. Unavoidable and extraordinary circumstances also include the coronavirus pandemic and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
12. Complaints Procedure
In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately make it known to your guide/leader at the earliest opportunity. If you are on a trip without a guide, or if you do not feel that your guide has dealt with your complaint in a satisfactory manner, we encourage you to contact our office as soon as possible so that we can help find an agreeable solution during your trip. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible.
Any outstanding complaint not resolved during your trip should be notified to us in writing within 28 days of the scheduled date of return. If we are unable to mutually resolve your complaint, we are members of the Association of Independent Tour Operators (“AITO”) and as such you have the option of engaging the AITO Independent Dispute Settlement Service (details available on request).
13. ABTA Arbitration
In addition to the AITO scheme referred to above, disputes arising out of, or in connection with, any holiday booking made with us which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA and administered independently. This is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit for claims is £5,000 per person and £25,000 per booking. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to mediation. Further information on the code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
14. Assistance Whilst You are on Holiday
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
15. Our Liability & Compensation
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-
– the act(s) and/or omission(s) of the person(s) affected; or
– the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
– unavoidable and extraordinary circumstances as defined in clause 11 above.
(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any activities you book during your holiday. Please also see clause 5 Information Provided. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 15(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 15(6) or as otherwise permitted by Scottish law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 15(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 15(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) 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) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).
16. Your Financial Protection
Wilderness England is a trading name of Wilderness Scotland Ltd. Wilderness Scotland is a member of ABTA (ABTA number 5844). ABTA will financially protect your holiday by ensuring you receive a refund of the monies you have paid to us or, where you are already on holiday, you are taken to the end point of your contracted arrangements, in the event that your holiday cannot be provided as a result of our insolvency. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
For further information about ABTA, financial protection, the code of conduct and the arbitration scheme (see clause 13), contact ABTA at 30 Park Street, London, SE1 9EQ tel 020 7637 2444 or see www.abta.com
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
17. Passports, Visas and Health Requirements
The passport and visa requirements applicable to the holidays we offer will be advised at the time of booking where required. Requirements may change and you must check the up to date position in good time before departure.
Details of any compulsory health requirements applicable to your holiday will be advised at the time of booking. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure (including those which are introduced to deal with coronavirus). For holidays in the EU/EEA while the UK remains in transition, you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 7.
18. Foreign Office Advice
The UK Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
19. Variation of Booking Conditions
The booking conditions may only be waived by a Director of Wilderness England in writing. When you book with us you agree to accept all these booking conditions, and when we accept your booking we agree to carry out our obligations to you as defined in holiday information provided to you. If you pay a deposit on behalf of other people, they also become bound to these conditions at the time of payment.
We both agree that Scottish law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of Scotland only unless, in the case of court proceedings, you live in another part of the UK. In this case, proceedings must either be brought in the courts of your home country or those of Scotland. If proceedings are brought in any country of the UK other than Scotland, you may choose to have your contract and claim governed by the law of that country (but if you do not so choose, Scottish law will apply).
20. Your Privacy
We take our responsibility for your right to privacy seriously. The way we process your data respects this and we would like to point you to our Privacy Notice for further details.
Wilderness England Ltd