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 holidays booked with AWIM LTD trading as AwimAway (“we”, “us”, or “our”). In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date. 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 products
Section 4 – terms which additionally apply to all your bookings
The following terms apply to all bookings made with or through AwimAway.
1. AWIMAWAY MEMBERSHIP
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.
2. 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:
a. 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
b. introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code
c. obtain unauthorised access to any AwimAway computer system
d. impersonate any other person, including but not limited to a registered user of this Site or an employee of AwimAway
e. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity
f. tamper with or obtain access to this Site or any component of this Site
g. conduct fraudulent activities; or
h. 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.
4. PRODUCTS AND SERVICES
a. 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, where we will source and create a holiday for you using a number of different travel suppliers on whose behalf we act as agent.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.
b. 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.
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.
c. 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 either by bank transfer or to the credit or debit card from which payment was deducted.
d. 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.
5. 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.
6. 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.
Obtaining confirmation of all elements from suppliers may take two weeks or more. In some cases, it may not be possible to confirm all elements as requested and changes may need to be made. Occasionally, we have to cancel a booking prior to issue of the confirmation invoice, where the supplier is unable to confirm all key elements and/or we are unable to offer suitable alternative arrangements.
If we have to cancel your holiday prior to confirmation or the arrangements we are able to confirm when we issue a confirmation invoice are significantly different to those requested and any alternative arrangements we offer you are not acceptable, we will refund all monies you have paid us. As bookings can only be accepted on the basis set out above, no compensation will be payable where your booking is cancelled or a significant change made by us (which you accept) in accordance with this clause. We reserve the right to decline your booking and return your deposit payment at our absolute discretion.
AwimAway may also, at its sole discretion, choose to not process or to cancel your reservation in certain circumstances, such as:
a. when the booking you wish to reserve is no longer available or has been mispriced
b. when we suspect the reservation request is fraudulent
c. when we may need to verify your identity to process your reservation
d. 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.
a) 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.
b) A contract between you and us will come into existence when we process your credit/debit card payment or deposit your cheque/cash for your deposit or initial payment into our account, and issue you with a confirmation invoice. Where we have taken payment from you but are unable to confirm your booking arrangements, we will issue you with deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
c) A deposit as specified on your quotation, or as advised by your travel consultant, must be paid at the time of booking.
For certain arrangements, in particular Tailormade Holidays, the suppliers concerned may require a higher deposit or full payment at the time of booking. If this applies to your booking we shall advise you of this prior to booking or may request an additional deposit payment after booking. For the purposes of clause 7 such payments will also be classed as deposits.
d) The balance of the holiday cost must be received by us not less than 3 calendar months prior to departure. Bookings made within 3 months of departure require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 8 below will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.
8. CANCELLATIONS AND CHANGES TO RESERVATION
a) 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.
b) 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.
c) You may not sell, auction, barter or transfer your reservation to a third party.
9. SERVICE PROVIDER RULES AND RESTRICTIONS
a) 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.
b) 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.
1. 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:
a. Inviting friends to become a member of AwimAway Sites
b. Sharing AwimAway Sites or AwimAway pages on Facebook or Twitter
c. Adding tips or writing reviews on AwimAway Sites
d. 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:
a. That you do not pool with or transfer Karma points to another person
b. That you will not auction, barter or sell Karma points
c. That you do not engage in any promotional, marketing or other advertising activities on behalf of AwimAway or otherwise
d. That you agree with the terms of the Karma programme
a. Should there be any tax liability for the accumulation and/or use of Karma points; such taxes are the sole responsibility of the participant.
b. Karma points may be subject to certain sale restrictions or exclusions.
c. Karma points programmes are void where prohibited by law.
d. AwimAway will have no liability for any errors while displaying Karma point statistics.
e. 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.
2. GIFT CARDS
Terms regarding Gift Cards (when available) may be viewed by clicking https://www.AwimAway.com/gift-card. If you need assistance with respect to a Gift Card, please call Customer Service at 020 8350 6199 or support@AwimAway.com
3. 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 [https://www.AwimAway.com/privacypolicy/].
The following additional terms apply to bookings made for Tailor made holidays and tours organised by AwimAway.
1. IF YOU CHANGE YOUR BOOKING
If, after our confirmation has been issued, you
(a) 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 incur a charge or consider this as a cancellation and rebooking liable to a 100% cancellation charge.
(b) 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 party leader at least 60 days before departure and you pay a minimum of £50 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 Clause 3 of Section 3 below.
2. IF YOU TRANSFER YOUR BOOKING
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
(a) the transfer is requested in writing at least 7 days before departure;
(b) all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable;
(c) you sign an authorisation to transfer the holiday into another name;
(d) the transferee accepts these Terms and Conditions;
(e) the transferee provides us with new travel insurance details;
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £75 must be paid. Any overdue balance payment must also be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in Clause 3 of Section 3 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
3. 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.
(a) 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.
(b) 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 holiday price
- More than 60 days: Deposit only
- Between 59 and 40 days: 50%
- Less than 40 days or failure to arrive at departure airport 100%
Note: Cancellation charges may differ for our expedition cruises.
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.
4. 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.
5. IF WE CHANGE YOUR HOLIDAY
a) 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.
b) 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. Significant changes include (i) a change in your flight departure time by more than 12 hours (ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you (iii) a change in your destination locality or (iv) a change of accommodation to that of a lower standard.
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.
If the cancellation has not been caused by force majeure or low bookings, and where we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 but no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where:
(i) 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 or
(ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above) or
(iii) where your booking is cancelled or a significant change made (which you accept) prior to or at the time of confirmation, as set out above.
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Terms and Conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
6. 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, 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 below).
7. 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.
8. YOUR CONTRACTUAL REQUIREMENTS
By using our Service, we will assume you accept the terms and conditions and 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.
9. ALTERATIONS TO BOOKING CONDITIONS
Once a contract exists between us, no employee or agent of AwimAway may vary these conditions or offer any refund or discount on the published price without the written consent of a director of the Company.
10. SPECIAL REQUESTS
10. 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.
The following additional terms apply to your bookings.
1. TRAVEL INSURANCE
It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical and holiday cancellation to be valid from the date when the contract between us comes into existence until the holiday is completed.
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 (WHEN 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.
Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, AwimAway may, if it chooses, refuse your booking or cancel your holiday, In any event, AwimAway will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. 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.
2. 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.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
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 otherwise comply with any passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
3. FORCE MAJEURE
Except where otherwise expressly stated in these Terms and 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 “force majeure”. In these Terms and Conditions “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, health epidemics, natural disasters, fire or explosion, inclement weather and acts of God and all other unforeseen or unavoidable circumstances beyond our or our suppliers’ control.
4. SUPLIER’S CONDITIONS
Independent suppliers provide most accommodation, services and transport. All bookings are subject to the third-party conditions and regulations of these carriers/ transport proprietors/accommodation providers and service suppliers. These conditions may limit or exclude liability to you and may be subject to provisions of international conventions - copies are available from us on request. Many third-party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.
5. OUR LIABILITY
a) For Tailormade Holidays, our obligations are to source your holiday arrangements and put together an itinerary which is suitable as per your instructions. We will then forward your payments on to the relevant suppliers to confirm your booking. The actual provision of your holiday arrangements shall at all times and for all elements be performed by third party suppliers, on whose behalf we act as agent.
(b) Notwithstanding (a) above, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on Package Travel (and subsequent UK regulations) as set out below. Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: 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. 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.
c) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) 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 (iii) unavoidable and extraordinary circumstances or force majeure as defined in clause 8 above.
d) Please note, 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 excursion you purchase in resort. 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.
e) As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us:
(i) loss of and/or damage to any luggage or personal possessions (including money): the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(ii) Claims not falling under clause 5d (i) 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 three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking
(iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel (if purchased through AwimAway):
- The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements).
- You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
- When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
- Where applicable, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline/transport provider or other supplier in relation to the claim that gives rise to that compensation payment.
e) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) 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 (ii) which 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. Additionally, we cannot accept liability for any business losses.
f) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 19 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred.
6. BEHAVIOUR & DAMAGE
a) When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. 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.
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 or any member of your party behaves 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 leave the accommodation or other service. 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 or costs incurred as a result of the termination.
b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Scott Dunn. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
7. ACCEPTANCE OF RISK (BY YOU)
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. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible. Refunds will not be given for unused services.
8. EXPECTATIONS OF OVERSEAS STANDARDS & SAFETY (BY YOU)
Please note it is the requirements and standards of the country in which any services, that make up your holiday are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition, you must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.
9. CLAIMS & COMPLAINTS
In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If your complaint is not resolved locally then please contact our AwimAway UK office.
If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it.
If we/the supplier is unable to resolve matters whilst you are on holiday and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaint procedure, your right to claim any compensation may be affected or even lost as a result.
If you remain unhappy, you can choose to use the European Commission Online Dispute (ODR) Resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/, as a means of alternative dispute resolution.
10. CONSUMER PROTECTION
Data available on receipt of ABTA/ATOL or other protection.
11. LAW & JURISDICTION
These conditions apply to Services offered by AwimAway.com, part of AWIM LTD, registered company number 08952863. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales.
If, however, you live in, and 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. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
12. PERSONAL INFORMATION & PRIVACY
Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that need this information in the course of providing the holiday services you have booked. We may contact you from time to time with holiday information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us at email@example.com, detailing how you wish us to use and store your personal information.
We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition, please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. AwimAway will not be held responsible if you fail to provide or comply with relevant API requirements.
13. 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.
14. 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.
15. 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. These Terms of Service will be superseded by any subsequent edition.
16. 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 AWIM LTD)
16 Myddelton Gardens
London N21 2PA
EFFECTIVE DATE: 01 May 2018