Terms & Conditions
1. Your Contract is with Great War Tours Limited
These Conditions form the basis of your contract with Great War Tours Limited (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these 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. 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 terms and conditions and has the authority to and does agree to be bound by them.
2. Your holiday contract
A binding contract is made with us when you tell us that you would like to accept our written or verbal quotation and you make full payment of the cost of your holiday. These Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England only.
3. Your financial protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”) require us to provide security for the monies that you pay for the package holidays booked with us for your repatriation in the event of our insolvency. We provide this security for packages, by way of membership of the Travel Trust Association (“TTA”) (TTA number Q0941). This means that in respect of all arrangements, in the unlikely event of our insolvency, the TTA will ensure that you are not left stranded abroad or will arrange to refund any money you have paid to us for an advance booking except where your contracted arrangements with us do not include transport to and from the UK. In this case, if already abroad, you will be returned to the point where your contracted arrangements with us commenced. We are obliged to maintain a high standard of service to you by TTA’s Code of Conduct.
4. Paying for your holiday
At the time of booking, you will be required to pay the full amount of your holiday price (including VAT and any surcharge). Cheques can only be accepted if received more than thirteen weeks before departure. 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 10 will become payable.
We endeavour to ensure that all the information and prices both on our website and in our brochures 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 your booking is confirmed.
6. Damage to property
If you or any member of your party cause any damage to your holiday accommodation or any item in it or on its premises, you and/or your party will be required to pay for the loss and/or damage caused and we will hold you and each member of your party jointly and individually responsible. Unless the damage was caused accidentally and results in losses below £25, full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation or an invoice in respect of it will be sent to you on your return to the UK.
Please check your confirmation invoice, tickets, final itinerary and all other documents you receive from us, immediately on receipt. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies in any document within a reasonable period of time (taking into account the date of your departure).
8. If you change your booking
If you wish to change your travel arrangements in any way once a binding contract is in place between us, (for example your chosen departure date or accommodation) we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing by letter or email from the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of applicable rate changes and any costs or charges incurred or imposed by any of our suppliers. The amount of the fee will be notified to you before you choose to proceed with any change. If you make a number of changes to the same booking, we will only make a reasonable overall charge. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. 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. Except for a change of name, any changes you make within 12 weeks of your departure will be treated as a cancellation and the cancellation charges shown in the section “If you cancel your holiday” may apply even to individual components.
9. Transfer of bookings
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before departure and you pay an amendment fee notified to you at the time you request the transfer, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.
10. If you cancel your holiday
Once your holiday has been confirmed, to cancel the entire holiday or any component, the person making the booking must either write to or email us. Our contact details are stated on your booking confirmation. Cancellation takes effect on the date we receive your letter. If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking. You must pay us the sums up to the maximum shown below. Also note the ‘Exception’ section which may apply in addition to the scale of charges. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only. Remaining passengers in the group must pay any increased costs for the holiday.
For all destinations and accommodation types, the following cancellation charges apply:
Date on which written notice of cancellation is received by us:-
More than 12 weeks prior to departure – loss of deposit (if any) and insurance premiums and amendments charges (if applicable)
84 – 64 days prior to departure 40% of the cost of your holiday.
63 – 0 days prior to departure 100% of the cost of your holiday
Cancellation of certain transport arrangements, can result in up to 100% cancellation charges regardless of the notice period given to us. We reserve the right to pass on these charges which will apply to the transport element of your holiday and the cancellation charges in the scale above will apply to the other elements of your holiday (e.g. accommodation, car hire, etc). Similarly, name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of that element of your booking.
11. If we change or cancel your holiday
It is unlikely that we will have to make any changes to your confirmed travel arrangements or cancel them. Occasionally, we may have to make changes and correct errors in the brochure or on the website and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel. If a ‘significant change’ (see below) or cancellation has to be made to your holiday arrangements we will notify you as soon as possible. You may then: a) accept the changed arrangements; b) accept an offer of an alternative holiday of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value); or c) cancel your booking completely, in which case we will refund you all monies paid by you. If we make a significant change or cancel less than 12 weeks before departure, we will also pay compensation as detailed below, except to infants:
Period before departure that a significant change is notified to you:-
More than 56 days prior to departure £0 per person
56 – 43 days prior to departure £10 per person
42 – 29 days prior to departure £20 per person
28 – 15 days prior to departure £30 per person
14 – 0 days prior to departure £40 per person
Note: In the event that compensation is due, if the substituted holiday is of a lower price than the one originally booked, we will also refund the price difference. If the substitute holiday is of a higher price we will deduct the price difference from the compensation payable.
Significant changes include: a change of outward departure date or time or overall length of your travel arrangements of twelve or more hours; change of resort or area for the whole or a significant part of your time away; change of accommodation to that of a lower official category for the whole or a significant part of your time away. Please note not all accommodation changes constitute a ‘significant change’.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 12 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” (see clause 12) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
12. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, illness of our agents or a client, automobile accidents, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
The Regulations provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 17 (2) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them.
Subject to the other terms of these 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.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 12 of these booking conditions.
14. Your accommodation
This is reserved exclusively for the people named on the confirmation invoice and no other persons are permitted to stay at the accommodation unless this has been agreed with us in writing and appropriate payments made (if applicable).
15. Disabilities and Medical Problems
We will take reasonable steps to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. 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.
16. Holiday insurance
Adequate insurance is essential. Your booking may not be accepted until insurance arrangements have been made. We may request your insurance details at the time of booking. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
17. Our liability to you
17.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Regulations as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. 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.
17.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
17.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause.
(a) Loss of and/or damage to any luggage or personal possessions and money;
The maximum amount we will have to pay you in respect of these claims is an amount equal to the applicable excess in your travel insurance policy in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death;
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by sea and rail;
(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); and The Berne/Cotif Convention (with respect to rail travel). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
(ii) 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.
17.4 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
17.5 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
17.6 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 for any business losses.
17.7 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.
18. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
19. If you have a complaint
If you have cause for complaint whilst on holiday or travelling to your destination, this must be brought to the attention of our representative and relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the representative/local agent/ supplier be unable to resolve the matter, details of the complaint must be notified to us in writing within 28 days of the end of your holiday. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
20. Complaint arbitration scheme
In connection with our membership of TTA, we can offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract.
At all times during your holiday, you are expected to have consideration for your fellow passengers and other third parties. If in the opinion of ourselves, accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to third parties or property or to cause a delay or diversion to transportation, either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. Subject to clause 6, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
22. Passports, visas and health requirements
We, or the ferry or train operator, will refuse travel if you do not have a valid passport, visa and entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
23. Use of information you give us and communicating with you
In order to process your booking and provide you with your confirmed holiday we will need to collect and process personal information. This may, for operational reasons, be held at overseas locations. We must pass on your personal information to the companies and organisations who need to know them so that your holiday can be provided (for example your accommodation provider, transport companies, credit/debit company or bank). Where you provide us with personal information, you consent to this information being used as described in this clause. We would like to send you information about products and services that we think will be of interest to you. We may do this by post, telephone, SMS or email. We are entitled to assume you do not object to our doing any of the things mentioned above unless you notify us in writing to the contrary.