We are a trading division of G.B.C.T. srl, Trading Registration Number 00253531, having its Registered Office address at Cota Cota, Calle 32, #77 and Our Agreement With You sets out what you are legally entitled to expect from us when you buy a Package Tour or Expedition from us and will not apply to any course of dealings between us other than the Package Tour or Expedition booked. Because we sell a wide variety of Package Tours and Expeditions you should read these terms and conditions carefully, before you book, to see how they affect your specific travel arrangements made by us.
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on tours with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
In addition, if your tour includes a flight, you are also responsible for (a) notifying us prior to the time of booking of any personal circumstances and needs pertaining to a person included in the booking including, without limitation, whether any such person is not self reliant or is a person with mobility - for example if you, or a member of your party, have difficulty in walking 500 meters; and (b) notifying us at any time from the time of booking until 48 hours prior to the flight’s departure by calling our call centre if any person travelling on the booking has ceased to be self reliant or a person with reduced mobility or if a person previously reported to be with reduced mobility or as not being self reliant does no longer fall into either category.
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on tour. Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent or local tour operator) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, tour or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
The contractual terms of Our Agreement apply between you and us because you have chosen a Package Tour with us (hereafter, a “tour”) which is a ‘package’ within the meaning of The Package Travel, Package Tours and Package Tours Regulations 1992 and will enjoy the benefits conferred by it. We may transfer your booking to another company within our group, but this will have no effect on your tour arrangements.
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication.
We reserve the right to add a fuel supplement to tour prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your tour after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your tour price will be as the result of changes in our costs of supplying your tour resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent’s commission is included within these amounts.
If the increase would be 2% or less of the tour price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your tour price, we will not make refunds of amounts less than 2% of your tour price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of U$D 3.-
If the increase is more than 10% of the tour price (calculated as above), then:
You may cancel your tour booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy; and
he increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4.
The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your tour booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of U$D 10.- (€7.-) per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s)
We aim to provide your tour as booked. But if, for example, there are not enough people booked on your tour or you do not pay the balance of the tour price on time, we may cancel it. We reserve the right to cancel your tour in any circumstances but if we cancel your tour you can either have a refund or accept a replacement tour from us of equivalent or closely similar standard and price (if one is available). Should you choose this option the terms and conditions of your tour will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown (unless we cancel your tour because you do
not pay us the balance of the tour price or because of one of the events listed in the ‘Important note – events beyond our control’) and we will always refund the difference in price if the replacement tour is of a lower standard and price. We will not cancel your tour less than eight weeks before you go, unless this is the result of one of the events in the ‘Important note – events beyond our control’.
We hope that we will not have to make any change to your tour but, because our tours are planned (mostly) many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e ticket itinerary), which you should check carefully as soon as you receive it.
Occasionally, we have to make major changes to the flight or accommodation making up your tour with us. If we tell you about any of these changes after we have confirmed your tour booking, you may either:
Accept the new arrangements offered by us; or
Accept a replacement tour from us of equivalent or closely similar standard and price, if one is available. Should you choose this option the terms and conditions of your tour will not change and these conditions will still apply to your booking; or
Cancel your tour with us and receive a full refund of all monies paid.
Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important note – events beyond our control’) and we will always refund the difference in price if the replacement tour is of a lower standard and price.
Major changes to your tour for which we will pay compensation unless the change is for reasons beyond our control (see 'Important note - events beyond our control'), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours. These changes are only examples and there may be other significant changes which constitute major changes. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the tour booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.
Any compensation payable will be on these scales, based on how many days before your booked tour departure we tell you of a major change.
Period before departure when a major change is notified Compensation payable per person.
If any major change indicated above is not acceptable to you, you can cancel your tour booking. In this case, we will refund all the money you have paid us and will pay you compensation, as shown above, depending on how many days before your tour we tell you about this change unless the change is for reasons beyond our control (see 'Important note - events beyond our control'). This standard payment will not affect your statutory or other legal rights.
Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your tour is the responsibility of your tour airline and will not automatically entitle you to reimbursement of the cost of your tour from us.
We will arrange for you to receive the services that make up the tour that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the tour you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your tour is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our control (see 'Important note – events beyond our control').
We have taken all reasonable care to make sure that all the services which make up your tour advertised by us are provided by efficient and reputable businesses. These businesses should follow the local and national laws and regulations of the country where they are provided. However, in Latin America safety standards are generally lower than in the U.K., E.U., Japan or U.S.A.
From time to time we may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of extra excursions or other extra leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.
The terms and conditions in this "Our Agreement With You" will not apply to any contract for the provision of excursions or other leisure services.
By asking us or your travel agent or operator to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions and obligations of each service (tour) specifically, and the conditions of any terms and conditions of carriage – see Conditions of Your Ticket – constitute the entire agreement between us with regard to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to “you” and “your” will include you and all persons travelling on this booking.
You will be required to pay a deposit to us for each person when you book unless this is within eight weeks of departure when the full amount for the booking is payable. The deposit amount will be specified by us or your travel agent when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the tour price. If you pay less than the deposit under a low deposit booking scheme, then this is only part of the deposit referred to in this paragraph. The remaining deposit will be due on cancellation or date specified at time of booking or on your confirmation invoice Please note your booking deposit may be increased or there may be a charge payable for some accommodation, tours or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. weddings, coach touring and specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law.
This is your only commitment until eight weeks before you go. Within two weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least eight weeks before you go on tour. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale in section 10.
If you pay money for your booking to a travel agent appointed by us, they will hold that money as our agent from the time they receive it until they pay the money to us. Telephone bookings may incur an additional charge, check at time of booking.
If your payment is made by credit card a handling fee will apply, please check fee at time of booking. This may also apply to some debit cards. We do not accept personal checks, only building society and bankers' drafts will be accepted.
9.1 If you want to change any details of your booking (such as changing to a different hotel or cruise or changing a name in your booking) or to cancel an optional extra you have booked, we will do our best to help but please note that more major changes, such as those that would lower the basic price of your tour or that would otherwise result in your tour ceasing to be a Package Tour or Expedition, will be treated by us as a different tour (see 9.4(i)) and changes to the hotel or flight within 56 days of departure will also be treated by us as a different tour (see 9.4(ii)). We charge an ‘Amendment Fee’ for each detail of the booking which we allow you to change without a cancellation. If you make the allowed change more than 56 days before departure, the fee will be € 35.- (U$D 40.-) per change per person.
9.2 If you make the allowed change within 56 days of departure, the amendment fee will be € 50.- (U$D 57.-) per change per person.
9.3 The price of your new travel arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your travel arrangements.
9.4 Same change, and or departure details such as date and time changes are not always allowed by airlines and other transport providers whenever they are made. Whilst we will do our best to change the details of the booking, please bear in mind that most airlines and other transport providers treat name and departure detail changes as a cancellation and charge accordingly. These charges will be passed on to you. Once tickets have been issued, and sometimes even before they have been issued, any changes made to the ticket, including names or initials, will result in you having to pay for the cancelled ticket and buy a new ticket at full cost.
9.5 If:
at any time after you have booked your tour, you want either to change to a different tour or change your hotel or flight, and as a result your tour ceases to be a package tour; or
within 56 days of departure, you want either to change to a different tour or change your hotel or flight; then you will have to pay cancellation charges (see section 10). If the change means we must send you new tickets, we cannot give you any refund until we have received all your old travel documents, including tickets.
9.6 Some types of accommodation (such as apartments, or hotel rooms with reductions for three adults) are priced according to the number of people staying there. If your booking changes because someone in your party cancels, we will recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost for them may go up. This extra cost is not a cancellation charge, and it is not covered by our insurance.
9.7 Subject always to clause 9.3, if you are prevented from taking the tour you have booked, you may transfer your booking to another person, provided you meet the following conditions:
You must authorize us to make the transfer;
The person to whom you transfer your tour booking must comply with all the terms of the existing booking;
That person must accept the transfer and the terms of Our Agreement;
That person must show us new evidence of their tour insurance, as your policy cannot be transferred to another person;
We will also charge amendment fees in accordance with section 9.1. This will be added to the new Invoice issued to that person;
You cannot transfer a tour booking within 14 days of departure; and
You will remain responsible for the payment of any balance on that new Invoice should that person fail to pay it.
If you want to cancel your booking or part of it, you or your travel agent must advise us. Once we receive your notice of cancellation you should expect to receive a Cancellation Invoice within 14 days. If you do not then please contact us. To cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to resell your travel arrangements, we make a cancellation charge on the scale shown below. The person who made the booking is responsible for paying this charge. The size of the charge depends on when we receive your notification– the more notice you give, the less we will charge.
If you are travelling on a scheduled flight, we cannot give you any refund until we have received your old travel documents, including tickets. Please return them to us or your travel agent immediately.
These charges are based on how many days before your booked departure we receive your cancellation notice. These charges are a percentage of the total cost of your booking.
Please note that for certain travel arrangements e.g. coach tours (shared) and many scheduled transport providers the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. Please check your insurance policy to see if you are covered for the cancellation charge.
If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by telephone/fax/e-mail and we will endeavor to assist. If you are still not satisfied by the time the tour ends, please let us know by filling the comments sheet provided by our staff. If you are still not satisfied on your return home, you must write to our After Travel Customer Support at the address given in our A-Z Guide, within 28 days of returning from your tour to allow your complaint to be investigated properly. Please write your tour/expedition reference number on your letter, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return.
We reserve the right to refuse to accept you as a customer or continue dealing with you if your behavior is disruptive or affects other travelers or is threatening or abusive towards our staff or local agents/touroperators, on the telephone, in writing or in person. If any of our staff member believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements or restrict your movements on board or disembark you from a car, ship or aircraft. If you are disruptive and this means you are not allowed to board the flight outbound from your country of origin/residence, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 10). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. If you are refused carriage because of your disruptive behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour e.g. the cost of diverting an aircraft or ship to remove you. Criminal proceedings may also be instigated.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
When you travel by air or by water, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this 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 these terms and conditions form part of your contract with us as well as with the transport company. You can ask us or the travel agent booking your tour to provide you with a copy of any of the conditions if applicable to your journey.
If you book via our website or have opted in other circumstances for us to contact you via e-mail, we will communicate with you using the e-mail address you have provided. For example, to provide your e-confirmation, e-ticket, e-cancellation, etc. We will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our phone or in writing as required in our terms and conditions.