These Terms and Conditions of Service (“Terms of Service”) govern your membership of AwimAway.com, herein after AwimAway and our associated websites. Please read them carefully as they set out our respective rights and obligations and apply to all bookings. By establishing membership on the AwimAway Sites or purchasing or using products or services through the AwimAway Sites, you accept the Terms of Service without limitation or qualification.
These booking conditions are divided into 4 sections. These are as follows:
Section 1 – terms which apply to your booking
Section 2 – terms which apply to your activity or content
Section 3 – terms which additionally apply to AwimAway tours
Section 4 – terms which additionally apply to all your bookings
The following terms apply to all bookings made with or through AwimAway.
As a condition of your use of this Site, you warrant that (a) you are at least 18 years of age; (b) you will use this Site in accordance with this Terms of Service; (c) you will provide your contact information and identification details, and (d) you will submit any other form of authentication required as part of the enrolment process, at AwimAway’s sole discretion.
- PROHIBITED ACTIVIES
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of AwimAway or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Site for any purpose competitive to AwimAway or its affiliates or to:
- transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorised use of this Site or otherwise in response to specific requests for information by us
- introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code
- obtain unauthorised access to any AwimAway computer system
- impersonate any other person, including but not limited to a registered user of this Site or an employee of AwimAway
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity
- tamper with or obtain access to this Site or any component of this Site
- conduct fraudulent activities; or
- collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
- PRODUCTS AND SERVICES
- Services offered
AwimAway provides users with access to sales of travel products and services online (the "Service"). We offer through our Sites, 3 types of travel services as set out below. The terms and conditions that apply to each type of travel and the contract with you will depend on the type of service you book.
- accommodation only – your contract will be with the provider of the accommodation and not AwimAway. AwimAway acts only as agent for the accommodation provider;
- packages arranged by a tour operator – your contract will be with the tour operator and not AwimAway. AwimAway acts only as agent for the tour operator;
- packages arranged by AwimAway – your contract will be with AwimAway.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.
- Service description
AwimAway attempts to provide accurate descriptions of our Services on the AwimAway Sites. The information provided is either from the supplier or our representative who has visited the property or undertaken the Service shown on the Site. Services which are verified by our representative are marked as AwimAway Verified and deemed to meet AwimAway standards. AwimAway does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
- Service availability
In rare cases, the Services advertised may not become available when your booking request is processed. If this should occur, we will, where possible, offer you similar alternative arrangements. Where we cannot do so or these are not acceptable to you, we will reimburse the payment you have made to the credit or debit card from which payment was deducted.
- Service pricing
AwimAway pre-negotiates certain discounted rates with service providers for products and services offered on our Sites. AwimAway retains service fees as compensation for negotiating these prices, which vary according to the amount and type of reservation booked through AwimAway. The rates displayed on the AwimAway Sites reflect AwimAway’s pre-negotiated rates, which include the fees retained by AwimAway.
AwimAway strives to provide accurate pricing information regarding the products and services available on the AwimAway Sites. We cannot, however, insure against pricing errors or pricing changes. AwimAway reserves the right to make changes to and correct errors in advertised prices at any time and to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, AwimAway will notify you by email and correct the pricing on the AwimAway Sites.
If additional charges may apply to your booking (including but not limited to other taxes or incidentals), which charges you do not pay at the time of checkout on the AwimAway Sites, you will be responsible for paying these charges directly to the service provider.
AwimAway does not guarantee that it offers best available rates for products and services not available on the AwimAway Sites.
Incidentals: AwimAway bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
Surcharges: The price of your tour may be subject to surcharges on the following items:
- transport costs, including the increase in costs of fuel
- dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports.
Since some costs are beyond our control, we reserve the right to increase our charges at any time. We will of course inform you of any such change should that become necessary.
Taxes and fees: The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
- MAKING YOUR BOOKING
The AwimAway member making a booking will be deemed as group leader and must be authorised to make the booking on the basis of these Terms of Service by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The group leader is responsible for making all payments due to us.
Only fixed, irrevocable orders can be accepted. A booking request can only be processed where you have provided us with payment authority (including credit / debit card details) and it has been accepted as a firm booking. Please ensure you carefully check all booking details before you submit your booking request, as it will not be possible to make changes later without paying any applicable charges. We accept no liability for any errors you make.
When you receive the confirmation invoice, please check the details carefully and inform us immediately if anything is incorrect. Spelling of names etc. is particularly important. Names on travel documents must exactly match those shown in passports – we cannot accept responsibility if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Contact us immediately if any information which appears on the confirmation, invoice or any other document appears to be incorrect or incomplete.
- PROCESSING YOUR ORDER
Where you book online or otherwise request us to, we will communicate with you by e-mail in relation to your booking. You must accordingly check your e-mails frequently, including your Spam inbox. 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 booking conditions to “send” and “in writing” include electronic communications through our website or by e-mail.
AwimAway may, at its sole discretion, choose to not process or to cancel your reservation in certain circumstances, such as:
- when the booking you wish to reserve is no longer available or has been mispriced
- when we suspect the reservation request is fraudulent
- when we may need to verify your identity to process your reservation
- other circumstances where AwimAway deems it appropriate.
For reservations that we do not process or cancel, AwimAway will either not charge you or refund the payment you have made to the credit / debit card from which payment was deducted.
All reservations booked through AwimAway must be prepaid in full. You agree to pay to AwimAway the fees, costs, expenses and other charges in connection with your reservation (collectively, the “Charges”). You acknowledge and agree that the Charges will be billed to your payment card, or that you will pay the Charges using another payment method approved by AwimAway.
- CANCELLATIONS AND CHANGES TO RESERVATION
Cancellations and changes to reservations made through one of our flash sales are not permitted. With respect to other services and reservations available on the AwimAway Sites, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancellation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur.
To the extent you are eligible to cancel or change your reservation, such cancellation is subject to the property’s cancellation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e. either AwimAway credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by AwimAway.
You may not sell, auction, barter or transfer your reservation to a third party.
- SERVICE PROVIDER RULES AND RESTRICTIONS
Many of the services which make up your holiday are provided by independent suppliers. These suppliers may provide their services in accordance with their own terms and conditions and may impose additional rules and restrictions on products and services available through the AwimAway Sites. Please read these additional terms and conditions carefully. By purchasing products and services through AwimAway you agree to abide by such additional rules and restrictions.
You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by AwimAway for any costs we incur as a result of such violation.
The following terms apply to your activity on our Sites and content submitted by you.
- EARNING REWARDS OR “KARMA” POINTS
Often AwimAway members recommend our Sites and services to their friends. We reward their act of kindness with Karma points, which they can convert with credits toward future purchases on the AwimAway Sites. AwimAway members can earn Karma points by:
- Inviting friends to become a member of AwimAway Sites
- Sharing AwimAway Sites or AwimAway pages on Facebook or Twitter
- Adding tips or writing reviews on AwimAway Sites
- Participating in certain referral and marketing promotions
However, it is important to note that Karma points are a reward and not a right to demand. The rules for earning Karma points may be different between AwimAway websites and marketing activities. Also, these rules can change without notice.
You may only earn Karma points via AwimAway’s authorised Sites subject to the following conditions:
- That you do not pool with or transfer Karma points to another person
- That you will not auction, barter or sell Karma points
- That you do not engage in any promotional, marketing or other advertising activities on behalf of AwimAway or otherwise
- That you agree with the terms of the Karma programme
- Should there be any tax liability for the accumulation and/or use of Karma points; such taxes are the sole responsibility of the participant.
- Karma points may be subject to certain sale restrictions or exclusions.
- Karma points programmes are void where prohibited by law.
- AwimAway will have no liability for any errors while displaying Karma point statistics.
- AwimAway reserves the right to terminate the Karma point programme at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the programme.
- GIFT CARDS
Terms regarding Gift Cards may be viewed by clicking http://www.AwimAway.com/gift-card. If you need assistance with respect to a Gift Card, please call Customer Service at 020 8350 6199 or email support@AwimAway.com
- CONTENT YOU SUBMIT
With respect to any content you submit or make available to AwimAway (other than personal information, which is handled in accordance with the Privacy Notice, including but not limited to endorsements or testimonials, you grant AwimAway a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant such a licence to AwimAway. Privacy Notice [http://www.AwimAway.com/privacypolicy/].
The following additional terms apply to bookings made for tours organised by AwimAway.
- IF YOU CHANGE YOUR BOOKING
If, after our confirmation has been issued, you
(i) wish to change your holiday arrangements, we will do our utmost to make these changes. Any change to an itinerary prior to receipt of your final payment will be treated as an amendment. Depending on the amount of work involved, each change will incur an amendment charge which will not exceed £50 per person, in addition to any further costs or charges that we incur from our suppliers in making the alteration. If full payment has already been received, amendments are treated as cancellations and the cancellation charges detailed below will apply. Please note that some suppliers, in particular airlines, do not allow a name change and may consider this as a cancellation and rebooking liable to a 100% cancellation charge.
(ii) wish to change to another of our tours or change departure date, we will try to make the changes, provided that notification is received in writing at our offices from the lead name at least 60 days before departure and you pay a minimum of £40 per person to cover our administration costs. Any alteration, whether a change to an existing booking or a change to another tour or departure dates, will be subject to payment by you of any costs imposed by any of our suppliers providing the component parts of the tour. Any alteration by you within 60 days of departure will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out in Para 2 Clause (ii) below.
- IF YOU CANCEL YOUR BOOKING
Should you for any reason have to cancel your booking, you must give us a written notice of cancellation signed by the person who originally made the booking. The cancellation will take effect from the day the written confirmation is received.
(i) Cancelling your flights: Certain types of airline tickets cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge. Tickets returned will be submitted to the respective airline, or their agent, for assessment. As soon as we are reimbursed by the issuing airline or their agent, we will forward a refund to you, less loss of deposit and applicable cancellation and/or administration charges. Please note that airline refunds or part-used tickets and the return half of the airfare are always less than the pro-rata rate and may have no refund value whatsoever. Refunds usually take 8-12 weeks but in certain cases may take longer.
(ii) Cancelling your services other than flights: Cancellation charges are dependent on the supplier’s terms and conditions vary accordingly. These charges vary according to whether you have booked a package or other travel arrangements. In the case of a package, the following scale of charges applies, plus any additional charges passed on to us by airlines and suppliers (e.g. non-refundable air tickets), depending on the date of cancellation.
Period before departure within which written cancellation is received
Amount of cancellation charge shown as percentage of the tour price
More than 60 days*
Between 59 and 40 days*
Between 39 and 28 days
Between 27 and 14 days
14 days or failure to arrive at departure airport
*For our expedition cruises the cancellation charges differ, as follows:
More than 90 days
Between 89 and 40 days
After departure there will be no refund of any unused component of your holiday. If you are booking other travel arrangements, the cancellation charges will be shown on your invoice immediately below the details of your itinerary. In addition, all bookings for other travel arrangements (e.g. flight only) will be non-refundable within 48 hours of departure.
- CHANGES PRIOR TO BOOKING YOUR TOUR
Before you enter into a contract with us, we reserve the right to change any of the facilities, services or prices described on our website. If a change occurs, you will be advised at the time of booking.
- IF WE CHANGE YOUR HOLIDAY
It is unlikely that we will make any amendments or changes to your travel booking after it has been confirmed. However, because travel arrangements are often made many months in advance and because we have no control over some of the products featured our website or brochure, changes and cancellations may occasionally be necessary.
Major or minor changes: We reserve the right to make changes or cancel your travel arrangements in any circumstances and at any time. A change may be ‘major’ or ‘minor’. A major change would be considered to be a change in accommodation to a lower standard or to a different resort or the cancellation of a tour. We reserve the right to make a minor change and we will tell you about it as soon as possible. If there is a major change to your travel arrangements, we will inform you as soon as is reasonably possible. You will have a choice of either accepting the change of your package, accepting an offer of a comparable package (paying the difference if the alternative is more expensive) or cancelling the package and receiving a full refund. Please note that some tours require a minimum number of bookings to operate. In the unlikely event that a tour is cancelled owing to low bookings, you will be told as soon as is practical. If we are unable to provide you with a significant element of the package after you have departed, we will make alternative arrangements for you at no extra charge.
‘Force majeure’: Compensation will not be payable if we are forced to cancel or in any way change your tour for reasons of consolidation or ‘force majeure’ or failure to pay your balance on the specified date. This means that we will not have to pay compensation if we have to cancel or change your travel arrangements in any way because of threat of war, riot, civil strife, industrial dispute, terrorist activity, health epidemics, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen or unavoidable circumstances beyond our control.
Compensation: If the cancellation has not been caused by force majeure or low bookings, we will pay you compensation as set out below.
Period before departure within which we notify you of a major change
Compensation per person
Before balance due date
Between balance due date and 14 days before travel
Between 13 days and the date of travel
- IF WE CANCEL YOUR HOLIDAY
(a) Before departure
We reserve the right to cancel your tour in any circumstances, if we deem it necessary. However, in no circumstances will we cancel your tour less than 6 weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the final balance. In circumstances where we are unable to provide the tour booked, we will return to you all monies paid, including insurance when you have bought that from us, or where possible offer an alternative tour of comparable or higher standard and compensation if appropriate.
In case of a cancelled tour departure, we strongly advise you not to book any connecting travel that is non-refundable or non-changeable or incurs penalties. We will not be liable to refund any incidental costs incurred for visas, vaccinations or other travel arrangements. If we are forced to cancel your holiday after departure, we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements or you reject these for good reason, then we will return you to your point of departure and refund you for any unused services, if appropriate.
(b) After departure
In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you to continue your holiday at no extra charge or, if this is impossible or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure. In addition, if appropriate, we will pay you compensation of an amount that is reasonable, taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure (as defined above).
- INDEPENDENT ARRANGEMENTS/EXCURSIONS
Any arrangements you make independently that do not form part of the tour are entirely at your own risk. If you book any excursions or additional travel arrangements while on your holiday, we act as your booking agent only.
- YOUR CONTRACTUAL REQUIREMENTS
By selecting ‘yes’ to accept the terms and conditions, you agree to accept the authority and decisions of our employees, group leaders, agents and suppliers while on tour. If, in the opinion of any of these, your health or conduct appears likely to endanger the progress of a tour, you may be excluded from the whole of or a part of the tour. In the case of ill health, we may make such arrangements as we deem necessary and recover the costs thereof from you. If you commit an illegal act, we shall cease to have responsibility to or for you.
- ALTERATIONS TO BOOKING CONDITIONS
Once a contract exists between us, no employee or agent of AwimAway.com Ltd may vary these conditions or offer any refund or discount on the published price without the written consent of a director of the Company.
- ATOL PROTECTION
AwimAway’s holidays with flights are ATOL protected since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 9439. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.
Scheduled Airline Failure Insurance (SAFI) will be added to your invoice if scheduled airline flights are booked. For full details of the financial protection in place for your booking, please enquire at the time of making a booking.
"All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it.
Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate"
- AWIMAWAY – ADVENTURE HOLIDAYS
Before booking with us, take a moment to consider the challenging nature of adventure travel. Trips of this kind often require a substantial amount of flexibility from you during the journey. The itineraries outlined on our website (or brochures) must be seen as an indication of our intention, rather than a contractual obligation on our part. Unforeseen local conditions or events may sometimes necessitate changes to the itinerary, accommodation or means of transport. We accept you are booking on the understanding that you realise the potential hazards involved in this kind of trip, including injury, disease or loss/damage to personal property, inconvenience and discomfort. Refunds will not be given for unused services.
The following additional terms apply to your bookings.
- TRAVEL INSURANCE
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON AWIMAWAY UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE AWIMAWAY SITES (WHERE AVAILABLE).
PLEASE READ YOUR POLICY DETAILS CAREFULLY AND TAKE THEM WITH YOU ON HOLIDAY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INSURANCE COVER YOU PURCHASE IS SUITABLE AND ADEQUATE FOR YOUR PARTICULAR NEEDS. WE DO NOT CHECK ALTERNATIVE INSURANCE POLICIES.
- PASSPORTS, VISAS & health
You are responsible for passports, visas, health requirements and travel insurance. AwimAway is not responsible for researching or obtaining passport, visa or health requirements. You are fully accountable for obtaining all documents and immunisations necessary to complete your travel. Keep in mind that requirements often vary for citizens of different countries.
- SPECIAL REQUESTS
If you have any special requests in connection with your AwimAway itinerary, you must submit them to us in writing at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfil such requests, as such services or amenities may not be available. AwimAway is not liable for any failure to fulfil a special request, and no cancellation due to any special request not being met shall be allowed.
AwimAway does not accept booking requests conditioned or contingent on the fulfilment of a special request.
All communications relating to this Agreement (in particular any requests to cancel or amend your holiday arrangements) must be made from the group leader in writing and in English and delivered by email. Any such communication shall take effect when a complete and legible copy of the communication has been received by us and confirmation to the effect has been sent to you.
- CONTRACTUAL OBLIGATIONS
These conditions apply to Services offered by AwimAway.com Ltd, registered company number 04815756.Your contract is with AwimAway.com Ltd. English law will govern this agreement and the English courts will deal with any disputes. If, however, you booked your holiday in Scotland or Northern Ireland, any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries. These Terms of Service will be superseded by any subsequent edition.
- ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and AwimAway regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service.
- MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that AwimAway may, at its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of AwimAway membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your AwimAway membership or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a group will survive expiration or termination of these Terms of Service.
- CONTACTING AWIMAWAY
If you have any questions about these terms and conditions, please contact us by e-mail at legal@AwimAway.com. You also may write to us at:
AwimAway.com (Part of OverCs Ventures Ltd)
16 Myddelton Gardens
London N21 2PA
- EFFECTIVE DATE: 01 Jan 2015