Booking Terms and conditions
Rail Discoveries Booking Conditions
The following booking conditions together with any other written
information we brought to your attention before we confirmed your
booking, form the basis of your contract with Great Rail Journeys
Limited trading as Rail Discoveries and Great Rail Journeys, of
Saviour House, 9 St. Saviourgate, York, YO1 8NL ("we" or "us").
Please read them carefully as they set out our respective rights
and obligations. By asking us to confirm your booking, we are
entitled to assume that you have read these booking conditions and
agree to them. References to "you" and "your" means all persons
named on the booking (including anyone who is added or substituted
at a later date), or any of them as applicable. References to
"holiday", "booking", "tour" or "arrangements" means the holiday
arrangements which we agree to make, provide or perform (as
applicable) as part of our contract with you, unless otherwise
stated.
By making a booking, the first named person on the booking
("party leader") 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;
- He/she consents to our use of information in accordance with
our Privacy Policy;
- He/she is over 18 years of age and where placing an order for
services with age restrictions declares that he/she and all members
of the party are of the appropriate age to purchase those
services;
- He/she accepts financial responsibility for payment of the
booking on behalf of all persons named on the booking; and
- He/she accepts responsibility for passing all documentation and
information in regards to the booking on to all persons named on
the booking.
1. Making Your Booking
You may book with us by telephone, online or via one of our
authorised travel agents. Once we (or your authorised travel agent)
have received all appropriate payments, we will, subject to
availability, confirm your holiday over the telephone (where you or
your travel agent make the booking by telephone) or by e-mailing or
otherwise sending a booking confirmation letter/invoice to the
party leader. We reserve the right to return your deposit and
decline to issue a confirmation at our absolute discretion. Where
you book through one of our authorised travel agents, the booking
confirmation letter/invoice and all other communications will be
sent to your agent and you should also contact us through the
agent. Alternatively, you can book online via our website in which
case your holiday booking will be acknowledged by e-mail and a
booking confirmation letter/invoice will follow. The
acknowledgement of your booking is not a confirmation of it and
does not create a legally binding contract. A binding contract
between you and us only comes into existence once we have issued
you with a booking confirmation that will confirm the details of
your booking and will be sent to you or your travel agent. All
references in these booking conditions to the confirmation of your
booking means the booking confirmation letter/invoice. A
provisional booking can be made by phone but you must send the
applicable payment within 7 days, or the provisional booking will
automatically lapse.
If your confirmed arrangements include a flight, we (or if you
booked via an authorised agent of ours, that agent) will also issue
you with an ATOL Certificate.
Upon receipt, of the booking confirmation, ATOL Certificate or
any other document, please check all of the details carefully. In
particular, please check that the initials or forenames and
surnames given match those on your passports as we make
reservations using this information. If you believe that any
details are incorrect, you must advise us immediately as changes
cannot be made later and it may harm your rights if we are not
notified of any inaccuracies in any document within ten days of our
sending it out (five days for tickets). We will do our best
to rectify any mistake notified to us outside these time limits but
you must meet any costs involved in doing so. The only exception to
this requirement to meet costs is where the mistake in question was
made by us and there is good reason why you did not tell us about
it within these time limits.
2. Payment
You are required to send us the appropriate deposit per person
(as detailed on the relevant tour page) or full payment if booking
within 60 days of departure (90 days for cruise and private train
holidays) and all applicable insurance premiums (if our insurance
is required) at the time of booking. In addition to the deposit
applicable to the holiday, a further additional deposit is required
of a minimum of 20% of the additional cost for any booking
variations including flight and hotel upgrades and holiday
extensions. Please note, deposits and all additional deposits are
not refundable except where expressly stated in these booking
conditions. The balance of the cost of your holiday must be paid no
less than 60 days before departure (90 days for cruise and private
train holidays). If a cheque payment is declined by your bank for
any reason, an administration charge of £30 will be made. If you
return your payment counterfoil before the date that payment is
due, this authorises us to take payment early. If we do not receive
all payments in full and on time, we are entitled to assume that
you wish to cancel your booking. In this case, we will be entitled
to keep all deposits paid or due at that date. If we do not cancel
straight away because you have promised to make payment, you must
pay the cancellation charges shown in clause 8 depending on the
date we reasonably treat your booking as cancelled.
Except for flight inclusive bookings, all monies you pay to one
of our authorised travel agents for your holiday with us will be
held by the agent on your behalf until a contract between us comes
into existence. After that point, your agent will hold the monies
on our behalf until they are paid to us. For flight inclusive
bookings, all monies paid to any authorised travel agent of ours
for your holiday with us will be held on behalf of and for the
benefit of the Trustees of the Air Travel Trust subject to the
travel agent's obligation to pay such monies to us in accordance
with our trading terms unless we fail. In the unlikely event of our
financial failure, all monies then held by the travel agent or
subsequently paid by you to the travel agent will be held by the
agent on behalf of and for the benefit of the Trustees of the Air
Travel Trust without any obligation on the agent to pay such monies
to us.
3. Passports, Visas and Other Entry
Requirements
Please note that you are entirely responsible for ensuring that
everyone in your party has the necessary correct and up-to-date
personal documentation before you start the tour and that you all
fulfil the passport, visa, health and any other entry requirements
applicable to your chosen tour. We do not accept any liability if
you are refused entry onto any transport or into any country due to
failure on your part to carry correct documentation. If failure to
have any necessary travel or other documents results in fines,
surcharges or other financial penalty, costs or expenses being
imposed on us, you will be responsible for reimbursing us
accordingly. In addition, should you be unable to travel on
the holiday as a result, cancellation charges as shown in clause 8
of these booking conditions will apply.
For British Citizens, a standard 10-year British passport which
must also be valid for at least 6 months beyond your intended
return travel date is required for all holidays outside of the UK.
In many cases, you will also need to have multiple consecutive
blank visa pages within your passport (the number varies depending
on the destination(s) visited). If your passport expires before
this, it may still be acceptable, but you should contact your local
Passport Office or the consulate or embassy of the
country/countries you plan to visit/transit through, for detailed
advice. Information is also available on or through the UK
Government Foreign & Commonwealth Office website
www.gov.uk/foreign-travel-advice. Customers applying for a first
passport or renewing their passport should allow at least six weeks
to obtain one as you may be required to attend a personal interview
with the Passport Office, however, in all cases, please apply as
far ahead as possible so as to allow time for unexpected
delays.
If you have a British passport issued outside of the UK or if
you are not a British Citizen, it is your responsibility to check
entry requirements with the relevant embassy or consulate of the
country/countries that you plan to visit or transit through.
It is your responsibility to ensure your party obtains all
necessary visas before departure including any additional visas or
other documents required when travelling on any of our rail or
cruise tours that visit other countries/ports independently. Also,
some nations now have very strict documentation requirements for
those travelling with children and notarized birth certificates
and/or other documents may be required for children under 18. Visa
requirements may change at short notice and we recommend that you
check the latest position in good time before your departure.
Information on this subject is available on or through the UK
Government Foreign & Commonwealth Office website
www.gov.uk/foreign-travel-advice.
It is your responsibility to ensure you are aware of all
recommended vaccinations and health precautions in good time before
departure. Information is available from your GP surgery and from
the National Travel Health Network and Centre www.nathnac.org. and
also on www.nhs.uk/Livewell/Travelhealth. For European holidays,
you should obtain the European Health Insurance Card (EHIC) prior
to departure from www.ehic.org.uk for access to health care in many
European countries. An EHIC is not a substitute for travel
insurance. Some nations require proof of vaccinations for all
travelers. Vaccination and other health
requirements/recommendations are subject to change at any time for
any destination and we would advise that you check with a doctor or
clinic not less than six weeks prior to departure to ensure that
you have met the necessary requirements and have the applicable
information.
For information concerning passports, visa and other entry
requirements for any destination, we recommend contacting the UK
Government Foreign & Commonwealth Office website
www.gov.uk/foreign-travel-advice or speak with your authorized
travel agent if you are unsure about the visa requirements for your
travel destination.
4. Travel Insurance
It is a condition of booking that you take out sufficient and
appropriate travel insurance cover. We recommend you do this at
time of booking so that your deposit (less any applicable excess)
is recoverable in the event of a cancellation covered by the
policy. To purchase the insurance policy we offer please contact us
for details. If you take out your own cover please provide us with
details of the insurance company, the policy number and the 24-hour
emergency telephone number prior to departure or when requested. 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. The duration of the
holiday as shown on the booking confirmation or as advertised in
the brochure or on our website includes the day of departure and
day of return and is the period to be used for insurance purposes.
Read our policy details carefully and take them with you on
holiday. Should you choose to extend your holiday (either at the
start or the end of your holiday), you will need to extend the
duration of your insurance cover. 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.
5. Holiday Prices
Please note changes and errors occasionally occur. We reserve
the right to increase/decrease and correct errors in advertised
prices at any time before your holiday is confirmed. Before you
make a booking, we will give you the basic price for your chosen
holiday. You should check all details before you make your booking.
Upgrades, holiday extensions or any other variation which you have
requested are on a request basis with our suppliers and subject to
availability, and prices for these will only be confirmed once the
prices and availability has been confirmed by our suppliers. For
all holidays, once you have accepted the basic price and a booking
has been confirmed, that price is fully guaranteed and will not be
subject to any surcharges.
6. Suitability of the Tour and Behaviour
We reserve the right in our absolute discretion to terminate
without prior notice the holiday arrangements of any customer whose
behaviour is such that it causes or is likely to cause, in our
reasonable opinion, or in the opinion of any Tour Manager or any
other person in authority, distress, damage, danger or significant
annoyance to any third party, or damage to property. In these
circumstances all our obligations to you under our contract or
otherwise will cease, full cancellation charges will apply and we
will not be liable for any refund, compensation or costs incurred
by you whatsoever. 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 hotel manager or other supplier prior to departure. 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.
Our tours can be physically demanding and we also reserve the
right to terminate your holiday where, in the reasonable opinion of
any person in authority (including office staff or your Tour
Manager when you join your holiday), your physical condition means
you are unable or likely to be unable to cope with the tour or to
experience significant difficulties in doing so. It is your
responsibility to disclose an accurate account of your mobility and
all other relevant information relating to your health and fitness
at the time of booking. You must advise us of any change to your
level of mobility or health and fitness between booking your
holiday and departing on your tour. Please also see also clause
17.
7. Alterations to Your Booking and Booking
Transfers
Please notify us in writing if circumstances arise whereby you
wish to transfer to another available holiday in this brochure or
on our website, depart on a different date or make other
alterations to your confirmed holiday. Any alterations requested 60
days or more (90 days or more for cruise and private train
holidays) prior to departure will be subject to a minimum
alteration fee of £40 per person together with costs or charges
incurred or imposed by any of our suppliers. Any alteration to your
booking requested less than 60 days (90 days for cruise and private
train holidays) prior to departure will be regarded as a
cancellation and cancellation charges as set out in clause 8 will
be payable. Name changes can be made up to 21 days prior to
departure for an alteration fee of £40 per person together with any
costs or charges incurred or imposed by any of our suppliers. 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.
Please be aware that certain arrangements, such as low-cost
flight bookings, may not be amended after they have been confirmed
and any alteration could incur a cancellation charge of up to 100%
of that part of the arrangements.
Transfer of Booking
If any member of your party is prevented from travelling, that
person(s) may transfer their place to someone else, subject to the
following conditions:
- that person is introduced by you and satisfies all the
conditions applicable to the arrangements;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of
£40 per person transferring, as well as any additional fees,
charges or other costs arising from the transfer; and
- the transferee agrees to these booking conditions and all other
terms of the contract between us.
You and the transferee remain jointly and severally liable for
payment of all sums. If you are unable to find a replacement,
cancellation charges as set out in clause 8 will apply in order to
cover our estimated costs. Otherwise, no refunds will be given for
passengers not travelling or for unused services.
8. Cancellation by You Before Departure
Should you wish to cancel your holiday, notice can be given
verbally but must be followed up in writing by the party leader.
Your notice of cancellation will only take effect when it is
received in writing by us. Since we incur costs in cancelling your
arrangements, you will be required to pay the applicable
cancellation charges up to the maximum shown below. The amount of
the cancellation fee depends upon the date when the written notice
of cancellation is received by us. Where the cancellation charge is
shown as a percentage, this is calculated on the basis of the total
cost payable by the person(s) cancelling, excluding insurance
premiums arranged through us and amendment charges which are not
normally refundable. The cancellation charges below have been
calculated as a pre-estimate of the losses we would incur in the
event you cancelled your holiday within the stipulated time period.
The scale of cancellation charges is as follows:
|
|
Cruise & Private Train
holidays
|
All other holidays
|
|
91 days or earlier
|
Loss of deposit*
|
Loss of deposit*
|
|
From 61 to 90 days
|
45% of final invoice
|
Loss of deposit*
|
|
From 41 to 60 days
|
60% of final invoice
|
35% of final invoice
|
|
From 28 to 40 days
|
75% of final invoice
|
60% of final invoice
|
|
From 14 to 27 days
|
90% of final invoice
|
85% of final invoice
|
|
13 days or less prior to departure
|
100% of final invoice
|
100% of final invoice
|
*Loss of Deposit means the loss of the full brochure deposit
amount, including the outstanding balance of any 'low deposit'
payment you have made, and includes loss of any additional deposit
paid for holiday variations and holiday extensions as referred to
in clause 2.
We will deduct the cancellation charge(s) from any monies you
have already paid to us.
Depending on the reason for cancellation, you may be able to
reclaim these cancellation charges (less any applicable excess)
under the terms of your insurance policy. Claims must be made
directly to the insurance company concerned. Where any cancellation
reduces the number of full paying party members below the number on
which the price, or any concessions agreed for your booking were
based, we will recalculate these items and re-invoice you
accordingly. Any such additional costs are not cancellation
charges.
Note: Certain arrangements may not be amended after they have
been confirmed and any alteration or cancellation could incur a
cancellation charge of up to 100% of that part of the arrangements
in addition to the charge above.
Should one or more member of a party cancel, it may increase the
per person holiday price of those still travelling and you will be
liable to pay this increase.
Cancellation by You due to Unavoidable & Extraordinary
Circumstances:
You have the right to cancel your confirmed arrangements before
the departure date without paying the above cancellation charges in
the event of unavoidable and extraordinary circumstances occurring
at your holiday destination or its immediate vicinity and
significantly affecting the performance of the arrangements or
significantly affecting transport arrangements to the destination.
In these circumstances, we shall provide you with a full refund of
the monies you have paid but we will not be liable to pay you any
compensation. Please note that your right to cancel in these
circumstances will only apply where the Foreign and Commonwealth
Offices advises against travel to your destination or its immediate
vicinity. For the purposes of this clause, "unavoidable and
extraordinary circumstances" means warfare, acts of terrorism,
significant risks to human health such as the outbreak of serious
disease at the travel destination or natural disasters such as
floods, earthquakes or weather conditions which make it impossible
to travel safely to the travel destination.
9. Changes and Cancellations by Us
We start planning the holidays we offer many months in advance
and occasionally, we have to correct errors and/or make changes to
the information contained in our brochures, our website and other
details, both before and after bookings have been confirmed, and
also cancel confirmed bookings (which would for the avoidance of
doubt expressly include any variations or extensions booked by you
and which are part of the package and your confirmed
booking).Whilst we always endeavour to avoid changes and
cancellations, we must reserve the right to do so.
Insignificant Changes by Us: An insignificant change is any
change, which is not a significant change as referred to below.
Significant Changes by Us: A significant change is any change
which, taking account of the information you have given us at the
time of booking or which we can reasonably be expected to know as a
tour operator, we could reasonably expect to have a significant
effect on your confirmed holiday. Occasionally, we have to make a
"significant change" before departure such as a change of
accommodation to that of a lower official classification or
standard for the whole or a major part of the time you are away, a
change of accommodation area for the whole or a major part of the
time you are away, a change of outward departure time or overall
length of time you are away of twelve or more hours, a change of UK
departure point to one which is significantly more inconvenient for
you or a significant change of itinerary missing out one or more
major destination substantially or altogether.
Cancellations by Us: All our escorted holidays are organised on
the basis of a minimum number of clients (usually 15). In the
unlikely event the holiday (which would include any individually
purchased variations or extensions), has to be cancelled because of
insufficient numbers, you will be informed at least 60 days (90
days for cruise and private train holidays) prior to departure.
If we have to make a significant change or cancel, we will tell
you as soon as possible and if there is time to do so before
departure, we will offer you the choice of the following
options:
- (for significant changes) accepting the changed arrangements;
or
- purchasing an alternative holiday from us, of a similar
standard to that originally booked if available. We will offer you
at least one alternative holiday of equivalent or higher standard
for which you will not be asked to pay any more than the price of
the original holiday. If this holiday is in fact cheaper than the
original one, we will refund the price difference. If you do not
wish to accept the holiday we specifically offer you, you may
choose any of our other, then available, holidays. You must pay the
applicable price of any such holiday. This will mean you paying
more if it is more expensive or receiving a refund if it is
cheaper; or
- cancelling or accepting the cancellation in which case you will
receive a full refund of all monies you have paid to us (including,
where appropriate, the price paid for any holiday extensions or
additional service purchased from us and included in your
package).
Please note the above options are not available where any change
made is an insignificant one.
You must notify us of your choice within 7 days of our offer. If
we do not hear from you within 7 days, we will contact you again to
request notification of your choice. If you fail to respond again
we will assume that you have chosen to accept the change or
alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will
pay you compensation in the following circumstances:
- if, where we make a significant change, you do not accept the
changed arrangements and cancel your booking
- if we cancel your booking and no alternative arrangements are
available
We will not pay you compensation in the following
circumstances:
- where we make an insignificant change
- where we make a significant change or cancel your arrangements
(including cancellation due to not reaching the minimum number of
client bookings required to run your holiday) more than 60 days
before departure (90 days for cruise and private train
holidays)
- where we make a significant change and you accept those changed
arrangements or you accept an offer of alternative travel
arrangements
- where we have to cancel your arrangements as a result of your
failure to make full payment on time;
- where the change or cancellation by us arises out of
alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due
to Force Majeure (see clause 10).
In any of the circumstances referred to above we will not be
liable for the cost of any service (such as, but not limited to,
flights, hotels and connecting rail travel) which is purchased in
connection with any holiday but which is not booked through us, or
for any related expenses such as cancellation charges or amendment
fees for any service which cannot be used or has to be cancelled or
amended as a result of our having to cancel or make a significant
change to any holiday.
Very rarely, we may be obliged as a result of "force majeure"
(see clause 10) to change or terminate your holiday after departure
but before the scheduled end of your time away. This is extremely
unlikely but if this situation does occur, we regret we will be
unable to make any refunds (unless we obtain any refunds from our
suppliers), pay you any 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, if possible, make suitable alternative arrangements for you
at no extra charge and, if appropriate in all the circumstances,
will pay you reasonable compensation.
10. 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 "unavoidable and
extraordinary circumstances", meaning any event beyond our or our
supplier's control, the consequences of which could not have been
avoided even if all reasonable measures had been taken. Examples
include, warfare and acts of terrorism (and threat thereof), civil
strife, significant risks to human health such as the outbreak of
serious disease at the travel destination or natural disasters such
as floods, earthquakes or weather conditions which make it
impossible to travel safely to the travel destination or remain at
the travel destination, the act of any government or other national
or local authority including port or river authorities (including
any impact to travel or other arrangements as a result of the
United Kingdom's decision to leave the European Union), industrial
dispute, lock closure, natural or nuclear disaster, fire, chemical
or biological disaster, unavoidable technical problems with
transport and all similar events outside our or our supplier(s)
control.
11. UK Government Foreign & Commonwealth Office
Advice
You are responsible for making yourself aware of UK Government
Foreign & Commonwealth Office advice and warnings in regard to
the safety of the countries and areas in which you will be
travelling to and to make your own decisions accordingly. Global
and political situations do change. Your safety is our first
consideration and if the UK Government Foreign & Commonwealth
Office advises against travel to a certain country, we will act on
this advice. If such advice is to avoid or to leave a
particular country or area this may constitute force majeure (as
described in clause 10). The UK Government Foreign &
Commonwealth Office issues regular advice and updates on their
website at www.gov.uk/foreign-travel-advice which you are
recommended to consult before booking and again in good time prior
to departure.
12. Our Liability to You
(1) We will accept responsibility for the arrangements we agree
to provide or arrange for you as an "organiser" under the Package
Travel and Linked Travel Arrangements Regulations 2018 as set out
below, and as such we are responsible for the proper provision of
all travel services included in your package, as set out in your
confirmation invoice. Subject to these booking conditions, if we or
our suppliers negligently perform or arrange those services and we
don't remedy or resolve your complaint within a reasonable period
of time, 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.
(2) We will not be responsible for any injury, illness, death,
loss (including loss of possessions and loss of enjoyment), damage,
expense, cost or other sum or claim of any description whatsoever
which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any
member(s) of their party
- the act(s) and/or omission(s) of a third party not connected
with the provision of your holiday and which were unavoidable and
extraordinary; or
- "Force majeure" as defined in clause 10 above.
(3) 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 in our brochure or on our website and we have
not agreed to arrange them as part of our contract and any
excursion you purchase during your holiday. Please also see clause
18 "Excursions, Activities and Brochure/Website Information".
(4) We limit the amount of compensation we may have to pay you
if we are found liable under this clause as follows:
(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 equivalent to the excess on your insurance
policy which applies to this type of loss per person in total
because you are required to have adequate insurance in place to
cover any losses of this kind.
(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 up to three times the price paid by or on behalf of the
person(s) affected in total. This maximum amount will only be
payable where everything has gone wrong and you or your party has
not received any benefit at all from your booking.
(c) Claims in respect of international travel by air and rail,
or any stay in a hotel:
(i) 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 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. 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) 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.
(iii) 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.
(d) Claims in respect of international travel by sea or inland
waterway
Travel by sea is governed by the provisions of the Convention
Relating to the Carriage of Passengers and their Luggage by Sea
1974 as amended in 1976 (the Athens Convention) and, where
applicable, EU Regulation 392/2009 relating to the Liability of
carriers of passengers by sea in the event of accidents. The extent
of our liability will in all cases be limited as if we were the
Contracting Carriers under the Athens Convention and/or EU
Regulation 392/2009.
The Athens Convention and EU Regulation 392/2009 limit the
carriers' liability for death or personal injury or loss or damage
to luggage and makes special provision for valuables. It is
presumed that luggage has been delivered to you undamaged unless
written notice is given to us and/or the carrier;
- in the case of apparent damage, before or at the time of
disembarkation or redelivery; or
- in the case of damage which is not apparent or of loss, within
15 days from the date of disembarkation or redelivery or from the
time when such redelivery should have taken place.
Damages for cabin luggage payable by the carrier are limited up
to the Athens Convention limit of 833 Special Drawing Rights
("SDRs") or 2250 SDRs if EU Regulation 392/2009 applies.
Any liability in respect of death and personal injury and loss
of and damage to luggage which we may incur to you shall always be
subject to the limits of liability contained in the Athens
Convention or EU Regulation 392/2009 for death/personal injury of
46,666 Special Drawing Rights (SDR) or 300,000 SDR under Athens
Convention or 400,000 SDRs under EU Regulation 392/2009 except in
the case of liability for war or terrorism 250,000 SDRs.
We are not liable for valuables, monies or other securities
including jewelry and watches. If they have been deposited with the
reception desk on the ship for safe keeping and a receipt issued,
then in those limited circumstances the Carriers liability will be
as set out in the Athens Convention or EU Regulation 392/2009. The
use of safes onboard a Vessel is not a deposit with the ship or
with the company under the Athens Convention or EU Regulation
392/2009 or otherwise. The limits are 1200 SDRs pursuant to
Athens or 3,375 SDRs pursuant to EU Regulation 392/2009.
Limits shall be reduced in proportion to any contributory
negligence by the Passenger and by the maximum deductible specified
in Article 8 (4) of the Athens Convention or EU Regulation
392/2009.
Where carriage is performed on inland waterways, and the vessel
does not go to sea the liability provisions relating to sea going
vessels do not apply to the cruise. In those cases the liability of
the Carrier to customers shall be determined in accordance with
English law (the Merchant Shipping Act) and The Convention on
Limitation of Liability for Maritime Claims 1996 (LLMC 96) as
amended by SI 1998/1258, a copy of which will be provided by on
request or can be found at:
https://www.legislation.gov.uk/uksi/1998/1258/contents/made.
The limits for non-sea going passenger vessels is 175,000 SDRs
per passenger limit. Liability for property claims will be at least
1,000,000 SDR's under SI 1998/1258 (4)(b)(i)). The Strasbourg
Convention on the Limitation of Liability of Owners of Inland
Navigation Vessels, referred to as the "Strasbourg Convention" with
protocols and amendments, applies to vessels sailing on waterways
located in the territory of a state party subject to (i) the
"Revised Convention relating to the Navigation of the Rhine of 17
October 1868" and (ii) the "Convention of 27 October 1956
concerning the canalization of the Moselle" (Article 15(1) of the
Strasbourg Convention:
https://www.ivr-eu.com/expertises/legal/?lang=en). If the
Strasbourg Convention applies the limits for customer claims are
60,000 SDRs per customer subject to a minimum of 6,000,000 SDR's
(see Article 7). The Carrier's liability for death, injury,
illness, damage, delay or other loss to person or property of any
kind suffered by customers shall, in the first instance, be
governed by the Convention on Limitation of Liability for Maritime
Claims 1996 as amended by SI 1998/1258 or where applicable the
Strasbourg Convention. The Carrier's liability therefore shall not
exceed those limitations provided by the said LLMC 1996 and SI
1998/1258 or where applicable Strasbourg Convention or in any
further revisions, protocols and/or amendments thereto as shall
become applicable. Where the LLMC 1996 or If applicable Strasbourg
Convention permits the Carrier to apply a deductible, the Carrier
may apply that deductible.
SDRs are a monetary unit of the International Monetary Fund and
current exchange rate can be found in major financial
newspapers.
(5) Please note, we cannot accept any liability for any damage,
loss, expense or other sum(s) of any nature or description (a)
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
(b) 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 or expenses including, without limitation,
self-employed loss of earnings.
(6) Where it is impossible for you to return to your departure
point as per the agreed return date of your package, due to
"unavoidable and extraordinary circumstances", we shall provide you
with any necessary accommodation (where possible, of a comparable
standard) for a period not exceeding three nights per person.
Please note that the 3 night cap does not apply to persons with
reduced mobility, pregnant women or unaccompanied minors, nor to
persons needing specific medical assistance, provided we have been
notified of these particular needs in advance. For the purposes of
this clause, "unavoidable and extraordinary circumstances" mean
warfare, acts of terrorism, significant risks to human health such
as the outbreak of serious disease at the travel destination or
natural disasters such as floods, earthquakes or weather conditions
which make it impossible to travel safely back to your departure
point.
13. Complaints and Problems
In the unlikely event that you have any reason to complain or
experience any problems with your holiday whilst away, you must
immediately inform your Tour Manager and the supplier of the
service(s) in question. Any verbal notification must be put in
writing and given to your Tour Manager and the supplier as soon as
possible. Until we know about a problem or complaint, we cannot
begin to resolve it. Most problems can be dealt with quickly. If
you remain dissatisfied, however, you must write to us within 28
days of your return to the UK giving your booking reference and
full details of your complaint. Only the party leader should write
to us. If you fail to follow this simple complaints procedure, your
right to claim the compensation you may otherwise have been
entitled to may be affected or even lost as a result.
Please note that we do offer an Alternative Dispute Resolution
service, through our ABTA membership. Please see clause 14 for
further details.
14. Arbitration
We are a Member of ABTA, membership number V2170. We are obliged
to maintain a high standard of service to you by ABTA's Code of
Conduct. We can also offer you ABTA's scheme for the resolution of
disputes which is approved by the Chartered Trading Standards
Institute. If we can't resolve your complaint, go to www.abta.com
to use ABTA's simple procedure. Further information on the Code and
ABTA's assistance in resolving disputes can be found on
www.abta.com or you can contact ABTA, 30 Park Street, London SE1
9EQ You can also access the European Commission Online Dispute
(ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
This ODR platform is a means of registering your complaint with us;
it will not determine how your complaint should be resolved.
15. 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. Some of these terms
and conditions may limit or exclude the supplier's liability to
you, usually in accordance with applicable international
conventions or EU regulations (see clause 12(4)(c)). Copies of the
relevant parts of these terms and conditions are available on
request from us or the supplier concerned.
16. Special Requests
If you have any special requests, you must advise us in writing
at the time of booking. Although we will endeavour to pass any
reasonable requests on to the relevant supplier, we regret we
cannot guarantee any request will be met unless we have
specifically confirmed this. For your own protection, you should
obtain confirmation in writing from us that your request will be
complied with (where it is possible for us to give this) if your
request is important to you. Confirmation that a special request
has been noted or passed on to the supplier or the inclusion of the
special request on your confirmation letter/invoice or any other
documentation is not confirmation that the request will be met.
Unless and until specifically confirmed, all special requests are
subject to availability. We regret we cannot accept any conditional
bookings, i.e. any booking which is specified to be conditional on
the fulfilment of a particular request and all such bookings will
be treated as "standard" bookings subject to the above provisions
on special requests.
17. Medical Conditions/Disabilities/Reduced
Mobility
Regrettably, many of our tours are not suitable for customers
with certain disabilities and they can also be physically
demanding. If you have any medical condition or disability which
may affect your tour or any health, fitness or mobility concerns
which may affect your ability to cope with the tour, please give us
full details before you confirm your booking so that we can advise
as to the suitability of the chosen arrangements. We will make
reasonable efforts to accommodate special needs or cause our
suppliers to accommodate them, but, if we are to help you choose
the right tour for your health, mobility and fitness, we must be
aware of all details. Please note that Tour Managers cannot provide
individual assistance with boarding trains or coaches, or handle
your luggage. It is your responsibility to provide us with full and
accurate details of your mobility, health and fitness (including
any disability), so we can advise you on the suitability of tours.
As standard practice all customers are asked at the point of
booking whether they have any mobility limitations or health
concerns which may impact on their tour. Customers are required to
provide all relevant information to ensure that this matter has
been carefully considered and we are aware of any issues. We may
require you to produce a doctor's certificate certifying that you
are fit to participate in the tour. Acting reasonably, if we are
unable to properly accommodate the needs of the person(s)
concerned, we will not confirm your booking or if you did not give
us full details at the time of booking, we will cancel it and
impose applicable cancellation charges when we become aware of
these details.
You must also advise us as soon as possible of any change in any
disability or medical condition or your health, fitness or mobility
or if any medical condition or disability which may affect your
tour develops after your booking has been confirmed. Please also
see clause 6.
18. Excursions, Activities and Brochure/Website
Information
The information contained in our brochure and on our website is
correct to the best of our knowledge at the time of the brochure
going to print or at the time of publication on our website. Whilst
every effort is made to ensure the accuracy of the brochure and
prices at the time of printing or publication, regrettably errors
do occasionally occur. You must therefore ensure you check all
details of your chosen holiday (including the price) with us at the
time of booking.
We may provide you with information (in our brochure, on our
website and/or when you are on holiday) about activities and
excursions which are available in the area you are visiting but
cannot be pre-booked with us or otherwise purchased via ourselves.
We have no involvement in any such activities or excursions which
are not run, supervised, controlled, inspected or endorsed in any
way by us. They are provided by local operators or other third
parties who are entirely independent of us. They do not form any
part of your contract with us even where we or your Tour Manager
suggest particular operators/other third parties and/or assist you
in booking such activities or excursions in any way. We cannot
accept any liability on any basis in relation to such activities or
excursions and the acceptance of liability contained in clause
12(1) of our booking conditions will not apply to them. We do not
however exclude liability for the negligence of ourselves or our
employees resulting in your death or personal injury. We cannot
guarantee accuracy at all times of information given in relation to
such activities or excursions or about the area(s) you are visiting
generally (except where this concerns the services which will form
part of your contract) or that any particular excursion or activity
which does not form part of our contract will take place as these
services are not under our control. If you feel that any of the
activities or excursions mentioned in our brochure or on our
website which are not part of our contract are vital to the
enjoyment of your holiday, write to us immediately and we will tell
you the latest known situation.
If we become aware of any material alterations to
destination/area information and/or such outside activities or
excursions which can be reasonably expected to affect your decision
to book a holiday with us, we will pass on this information at the
time of booking.
19. Flights
In accordance with EU Directive (EC) No 2111/2005, we are
required to bring your attention the existence of a "Community
List" which contains details of air carriers that are subject to an
operating ban within the EU Community. The Community List is
available for inspection at
http://ec.europa.eu/transport/air-ban/list_en.htm. We are also
required to advise you of the carrier(s) or, if the carrier(s) is
not known, the likely carrier(s) that will operate your flight(s)
at the time of booking. Where we are only able to inform you of the
likely carrier(s) at the time of booking, we will inform you of the
identity of the actual carrier(s) as soon as we become aware of
this. Any change to the operating carrier(s) and/or flight routings
(including indirect routings) after your booking has been confirmed
will be notified to you as soon as possible. We are not always in a
position at the time of booking to confirm flight routings and/or
flight timings. Where flight routings and/or flight timings are
given at the time of booking or detailed on your confirmation
letter/invoice these are for guidance only and are subject to
alteration and confirmation. The latest timings will be shown on
your itinerary which will be dispatched to you approximately 10
days prior to departure. You must accordingly check your tickets
very carefully immediately on receipt to ensure you have the
correct flight times. It is possible that flight times may be
changed even after tickets have been dispatched. We will contact
you as soon as possible if this occurs. Any change in the identity
of the carrier(s), flight timings, routings (including a change
from direct to indirect routings) and/or aircraft type (if given)
will not entitle you to cancel or change to other arrangements
without paying our normal charges except where specified in these
conditions. Regardless of any information given in good faith,
operational changes may be made by an airline at any point and we
cannot be responsible for these. If the carrier(s) with whom you
have a confirmed reservation becomes subject to an operating ban as
above as a result of which we/the carrier(s) are unable to offer
you a suitable alternative the provisions of clause 9 (Changes and
Cancellations by Us) will apply. Prices quoted in this brochure and
on our website are based on special airfares offered to us by the
airlines for group travel. These represent a reduction on the
normal IATA fares which entitle passengers to privileges and
flexibility that our clients do not normally require as part of the
holiday. Should you wish to book our holiday using a flight other
than that shown in the brochure/on our website, a flight variation
charge from £50 per person will apply in addition to the difference
in cost between our special fare and the normal IATA fare for the
flight(s) required. Tickets at our special fare are valid only on
the airline and dates shown and do not automatically entitle
passengers to switch to another carrier in case of a flight
cancellation, delay or technical problems with the aircraft or the
reservation. Please note that most airlines now operate 100%
non-smoking services.
20. Denied Boarding Regulations
If you or any member of your party misses your flight or other
transport arrangement, it is cancelled or you are subject to a
delay of over 3 hours for any reason, you must contact us and the
airline or other transport supplier concerned immediately. If your
flight is cancelled or delayed, your flight ticket is downgraded or
boarding is denied by your airline, depending on the circumstances,
the airline may be required to pay you compensation, refund the
cost of your flight and/or provide you with accommodation and/ or
refreshments under EC Regulation No 261/2004 - the Denied Boarding
Regulations 2004. Where applicable, you must pursue the airline for
the compensation or other payment due to you. All sums you receive
or are entitled to receive from the airline concerned by virtue of
these Regulations represent the full amount of your entitlement to
compensation or any other payment arising from such cancellation,
delay, downgrading or denied boarding. This includes any
disappointment, distress, inconvenience or effect on any other
arrangements. The fact a delay may entitle you to cancel your
flight does not automatically entitle you to cancel any other
arrangements even where those arrangements have been made in
conjunction with your flight. We have no liability to make any
payment to you in relation to the Denied Boarding Regulations as
your entitlement to any compensation or other payment (as dealt
with above) is covered by the airline's obligations under the
Denied Boarding Regulations. If, for any reason, we make any
payment to you or a third party which the airline is responsible
for in accordance with the Denied Boarding Regulations, you must,
when requested, assign to us the rights you have or had to claim
the payment in question from the airline. If the airline does not
comply with these rules you should complain to the Civil Aviation
Authority at www.caa.co.uk/passengers. Please note, your rights
under clause 9 ("Changes and Cancellations by Us") and clause 12
("Our Liability to You") of these booking conditions are not
affected by the above Denied Boarding Regulations except that we
are entitled to argue that the amount you receive or are entitled
to receive from the airline is sufficient to meet any compensation
obligation we may have to you as your tour operator as a result of
any such cancellation, delay, downgrading or denied boarding.
21. Rail Journeys and Reservations
We request rail reservations many months in advance and although
we do our best to follow the routes noted on the itinerary there
might be occasions when a different routing and/or departure time
is necessary due to timetable variations or seat availability.
Regardless of any information given by us in good faith,
operational changes may be made by a rail supplier/operator at any
point and without notice, and we cannot be responsible for these.
Increasingly, trains are 100% non-smoking, and reservations are
requested in non-smoking accommodation, although at busy times we
may be allocated some smoking seats.
We cannot make specific requests for smoking seats. Prices
quoted in this brochure and on our website are based on special
fares negotiated with our rail partners for group travel. Should
you wish to travel on any Eurostar or other rail service, other
than those included as part of your group holiday, a rail variation
charge of £25 per person per service plus any additional cost will
apply. Any change involving sleeper services will be quoted on an
individual basis.
Tickets for Eurostar train services are issued subject to the
conditions set out in Eurostar International Limited's conditions
of carriage and/or the conditions of carriage of the carrier in
question, copies of which are available from travel agents
appointed by Eurostar International Limited or supplied on
request.
22. Your Financial Protection
The Package Travel and Linked Travel Arrangements Regulations
2018 require us to provide security for the monies that you pay for
the package holidays booked from this brochure or our website and
for your repatriation in the event of our insolvency. We provide
this security by way of an ATOL (ATOL number 3278) administered by
the Civil Aviation Authority of CAA House, 45-59 Kingsway, London
WC2B 6TE for packages which include a flight and a bond held by
ABTOT (ABTOT number 5386) for packages that do not include a
flight. You can contact ABTOT at www.abtot.com or ABTOT Limited,
117 Houndsditch, London EC3A 7BT.
When you buy an ATOL protected flight or flight inclusive
holiday from us, you will receive an ATOL Certificate*. This lists
what is financially protected, where you can get information on
what this means for you and who to contact if things go wrong. We,
or the suppliers identified on your ATOL Certificate, will provide
you with the services listed on the ATOL Certificate (or a suitable
alternative). In some cases, where neither we nor the supplier are
able to do so for reasons of insolvency, an alternative ATOL holder
may provide you with the services you have bought or a suitable
alternative (at no extra cost to you). You agree to accept that in
those circumstances the alternative ATOL holder will perform those
obligations and you agree to pay any money outstanding to be paid
by you under your contract to that alternative ATOL holder.
However, you also agree that in some cases it will not be possible
to appoint an alternative ATOL holder, in which case you will be
entitled to make a claim under the ATOL scheme (or your credit card
issuer where applicable). If we, or the suppliers identified on
your ATOL certificate, are unable to provide the services listed
(or a suitable alternative, through an alternative ATOL holder or
otherwise) for reasons of insolvency, the Trustees of the Air
Travel Trust may make a payment to (or confer a benefit on) you
under the ATOL scheme. You agree that in return for such a payment
or benefit, you assign absolutely to those Trustees any claims
which you have or may have arising out of or relating to the
non-provision of the services, including any claim against us, the
travel agent or your credit card issuer where applicable. You also
agree that any such claims may be re-assigned to another body, if
that other body has paid sums you have claimed under the ATOL
scheme.
*The flights and flight inclusive holidays we arrange are ATOL
protected providing they are made available in the UK. For further
information visit the ATOL website at www.atol.org.uk.
If your holiday does not include flights, ABTOT will financially
protect your holiday by ensuring you receive a refund or, if your
arrangements include return travel to the UK (other than flights),
you are returned to the UK in the event that your holiday cannot be
provided as a result of our insolvency. Please go to our website
www.greatrail.com for further information relating to ABTOT's
scheme of financial protection.
If you book arrangements other than an ATOL protected flight or
package holiday from us, your monies will not be financially
protected. Please ask us for further details.
23. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty
for any reason, we will offer you such prompt assistance as is
appropriate in the circumstances. In particular, we will provide
you with appropriate information on health services, local
authorities and consular assistance, and assistance with distance
communications and finding alternative travel arrangements. Where
you require assistance which is not owing to any failure by us, our
employees or sub-contractors, we will not be liable for the costs
of any alternative travel arrangements or other such assistance you
require. Any supplier, airline or other transport supplier may
however pay for or provide refreshments and/or appropriate
accommodation and you should make a claim directly to them. Subject
to the other terms of these Booking Conditions, we will not be
liable for any costs, fees or charges you incur in the above
circumstances, if you fail to obtain our prior authorisation before
making your own travel arrangements. Furthermore, we reserve the
right to charge you a fee for our assistance in the event that the
difficulty is caused intentionally by you or a member of your
party, or otherwise through your or your party's negligence.
24. Data Protection
Great Rail Journeys Limited is a data controller for the
purposes of the Data Protection Act 1998 and the General Data
Protection Regulation. Please be assured that we have measures in
place to protect the personal information you give us. This
information will be passed on to the relevant suppliers of your
travel arrangements. It may also be provided, either by us or by
the suppliers of your travel arrangements, to third parties and
public authorities such as banks and credit card companies, customs
or immigration if required by them, or as required by law. Certain
information may also be passed on to security or credit checking
companies or insurance providers. The above applies to any
sensitive information that you give to us such as details of any
disabilities, medical conditions, or dietary/religious requirements
but we will obviously only pass these on where necessary to do so
to provide the service you have requested. If we cannot pass on
this information as set out above, we may be unable to provide your
booking or other services you have requested (for example, travel
insurance). In making your booking, you consent to this information
being passed on to the relevant persons who may be outside the EU/
European Economic Area. If you travel outside the EU/European
Economic Area, controls on data protection may not be as strong as
the legal requirements in the UK.
We would like to use your details for marketing purposes (e.g.
sending you our brochures) and to pass them on to other companies
within our group who may also contact you for marketing purposes.
If you do not wish to receive any further information from us or
other companies in our group please let us know this at the time
you give us your details or, if you do not do so then, at any time
subsequently. You are generally entitled to ask us (by letter or
e-mail) what details of yours are being held or processed, for what
purpose and to whom they may be or have been disclosed. We promise
to respond to your request within 40 days of receiving your written
request and fee. In certain limited circumstances we may be
entitled to refuse your request. To improve our service, calls may
be recorded for training and quality purposes.
Please see our privacy policy for further information at
/things-you-should-know/privacy-statement/ and our policy on
privacy and cookies at
/things-you-should-know/statement-on-cookies/
25. Law & Jurisdiction
English law (and no other) will apply to your contract and to
any dispute, claim or other matter of any description which arises
between us ("claim") except as set out below. We both also agree
that any claim (and whether or not involving any personal injury)
must be dealt with under the ABTA or AITO Arbitration Schemes (if
the Scheme is available for the claim in question - see clause 14)
or by the Courts of England and Wales only unless, in the case of
Court proceedings, you live in Scotland or Northern Ireland. In
this case, proceedings must either be brought in the Courts of your
home country or those of England and Wales. If proceedings are
brought in Scotland or Northern Ireland, you may choose to have
your contract and any claim governed by the law of Scotland or
Northern Ireland as applicable (but if you do not so choose,
English law will apply).
26. Contact Details
Should you need to contact us our contact details are as
follows:
By mail: Great Rail Journeys Ltd t/a Rail Discoveries, Saviour
House, 9 St. Saviourgate, York, YO1 8NL
By telephone: 01904 521900
By email: grj@greatrail.com
Download our Booking Conditions as a PDF here.
