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Valencian Experience SL, of Casa Pareja, Poligon 170, 46650 Canals, Valencia, Spain,CIF B97853261 trades also as
Walking Holidays in Spain, and bookings are taken subject to acceptance of the following terms and conditions,
published on 1 January 2007. |
1 Booking and Payment
On receipt of your deposit and signed booking forms, we will send a Confirmation Invoice to the lead name on your Booking Form. This confirmation will form the contract of booking. When a deposit is received by credit card, the final balance, when due, will be charged to this card unless you request otherwise in writing. If payment of the balance is not received within 7 days of the due date, despite a reminder, Valencian Experience SL reserve the right to treat your booking as cancelled by you and will apply our cancellation conditions accordingly.
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2 Financial Security
In accordance with "The Package Travel, Package Holidays and Package Tours Regulations 1992" all passengers booked with Valencian Experience SL are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency
of Valencian Experience SL. There is no requirement for Financial Protection of day trips, and none is provided. |
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3 Your Health, Fitness and Safety
Bookings are accepted on the understanding that all persons travelling are normally in good health and able to fulfil the physical demands of their chosen holiday. If this is in doubt, the Booking Form must be accompanied by a doctor's certificate stating that it s entirely safe for you to go on the particular holiday that you have chosen. You must also inform us at the time of booking of any allergies, dietary requirements and medical conditions that the managers of Valencian Experience SL may need to know in order to provide you with the appropriate advice and meal arrangements. In the interest of safety, you must follow the advice provided by us or anyone on our behalf, comply with the local codes of conduct, follow the Spanish Country Code, and act sensibly and prudently at all times. Full responsibility for the safety and welfare of all children must e taken by a responsible accompanying adult. We take your safety seriously and we take all steps reasonably to be expected of a holiday provider, including in relation to the training of our Valencian Experience Managers. However, when you embark on our walks you do so at your own risk. The information that we provide in relation to particular walks, routes or ascents is based on certain assumptions, such as average fitness and ability. The information has not necessarily been catered specifically for your personal circumstances. It is therefore your responsibility to consider such factors as your physical fitness and any equipment that you might want to carry, particularly where you embark on a self-guided walk. We cannot be responsible for loss, personal injury or death arising from any of the walks, except where death or personal injury arises from our negligence. By signing the booking form you are deemed to have accepted these terms and conditions. Some of our full day escorted walks represent a significant physical challenge, on difficult terrain with an ascent or descent of 1000m or more. We reserve the right for our Valencian Experience Managers to exercise their judgement as too whether an individual is suitable to join a particular walk, and if necessary, to decline their participation if it is judged to be for their own safety and that of other participants. The Valencian Experience Manager's decisions and advice must be heeded. No responsibility can be taken for an individual failing to act upon advice given. |
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4 Pricing
We reserve the right to change any of our prices of any unsold holidays. If this proves necessary, we will inform you of any changes at the time of booking. Once your booking has been confirmed, we guarantee that the price will not be subject to surcharges less than 30 days before departure, except in respect of variations in transport costs, including the cost of fuel, dues and taxes, and exchange rates applied to the particular package. If the increased costs result in a total amount of less than 2% of your holiday cost, we will absorb these increases. Only if the increased costs exceed 2% will we apply a surcharge to the cost of your holiday. If the increase is more than 10% of the holiday price, you will be entitled to cancel your holidays with a full refund of all monies paid to us except for any amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days of the date of the surcharge invoice. We reserve the right to correct errors in both advertised and confirmed prices, and will do so as soon as we become aware of the error, and will inform you immediately if your booking is affected. |
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5 Holiday Descriptions
Our walks are planned and produced many months in advance of it's commencement of validity. Every effort is made to ensure that the details and descriptions are correct. However, changes do occur, sometimes at short notice and therefore Valencian Experience will advise you at the time of booking, or if after booking, as soon as possible. It is not always possible for Valencian Experience to control the elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works, etc. |
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6 Changing Your Booking
Should you wish to make any changes to your confirmed booking, you must notify us in writing. We shall do all we can to assist, but cannot guarantee to be able to meet your requests. If we are able to make the change, an administration fee of £50 per alteration per booking will be payable, and you will be liable to pay any additional costs incurred by us or imposed by any relevant supplier. We cannot accept liability for ant additional expense by you as a result of choosing to make a change. |
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7 Transferring Your Booking
You or another member of your party may transfer your booking to another person if you/they are unavoidably prevented from travelling. This must be done at least 30 days prior to departure in writing and signed by the transferee, and the transferee must meet and agree to be bound by all booking conditions, including holding adequate travel insurance. An administration fee of £50 per booking will be payable, in addition to any additional charges imposed upon us by our suppliers. |
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8 You May Cancel Your Booking
You or a member of your party may cancel your/their booking after confirmation, by notifying us in writing. Cancellations are effective on the day they are received by Valencian Experience SL and must be signed by the signatory of the booking form. The following cancellation penalties will be charged, in addition to any amendment charges already paid, based on the number of days prior to departure date written advice of cancellation is received by Valencian Experience SL: over 60 days prior to departure = deposit retained, 60-45 days prior to departure = 30% of invoice total, 44-30 days prior to departure = 45% of invoice total, 29-15 days prior to departure = 60% of invoice total, 14-8 days prior to departure = 75% of invoice total,
less than 8 days prior to departure = 100% of invoice total. If the reason for the cancellation of your holiday falls within the terms of your insurance policy, then any such charges may be refunded to you by your insurance company. |
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9 If We Change Or Cancel Your Booking
Our holidays are planned months in advance and it may occasionally be necessary to make changes or correct errors, both before and after your booking has been confirmed. While we endeavour to avoid making changes, we reserve the right to do so. In the case of a minor change, we will, if possible, advise you but are not obliged to do so or to pay any compensation. In the event of a 'significant' change (such as change of more than 12 hours to the duration of your holiday) we will advise you as soon as possible. If there is time to do so before departure, you may choose from the following options:-
- accepting the altered arrangements.
- booking an alternative holiday if we are able to offer one (if less expensive than your original booking, we will refund the difference, but if more expensive, we will ask you to pay the difference).
- or cancelling your holiday and accepting a full refund of all monies paid, excluding any amendment charges.
In addition, in appropriate cases, and where the change is not made as a result of force majeure as defined below, we will pay you compensation of an amount which is reasonable taking into account all the circumstances.
Where, after departure, a significant proportion of the services contracted for cannot be provided, you will have the choice of returning to your point of departure, or accepting alternative arrangements. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be payable due to changes occurring due to unusual and unforeseeable circumstances beyond our control, which we could not have avoided with all due care. We regret that we cannot pay any expenses, costs or losses incurred by you as a result of any changes. We reserve the right in any circumstances, such as force majeure (as defined below) to cancel your holiday. In this case, you will have the following options:-
- booking an alternative holiday if we are able to offer one (if less expensive than your original booking, we will refund the difference, but if more expensive, we will ask you to pay the difference).
- or cancelling your holiday and accepting a full refund of all monies paid, excluding any amendment charges.
In addition, in appropriate cases, and where such cancellation is not due to force majeure, we will pay you compensation which is reasonable taking into account all the circumstances.
- no compensation will be payable for flight or train tickets you may have purchased independently in the event of cancellation of a trip, nor will compensation be payable for any additional costs involved as a result of changes in published flight or train times or routes.
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10 Force Majeure
Force Majeure means any unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, level of water in rivers or other similar events beyond our control. We regret that we cannot accept liability or pay you any compensation where our contractual obligations are prevented by, or you suffer any damage or loss as a result of 'force majeure'. |
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11 Excursions
Please note that when you book an excursion locally your contract is with the local company providing that excursion and not Valencian Experience. Valencian Experience has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company's terms and conditions. |
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12 Insurance
Travel insurance is mandatory for all clients whist travelling with Valencian Experience SL. Clients are wholly responsible for arranging their own insurance with adequate protection for the full duration of the holiday in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailments, baggage and money loss and liability cover. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities included in their tour. When paying the final payment of your holiday with Valencian Experience, a copy of your travel insurance document must be included. Any party with inadequate insurance will be unable to walk with us. |
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13 Your Responsibilities
(i) It is your responsibility to check all current document and health requirements and to obtain all documents required for your holidays, including passports, visas, driving licences and documents relating to health requirements, to ensure that these are in proper order and to bring them with you. Valencian Experience will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
(ii) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. Valencian Experience can not accept responsibility and no credit or refunds will be given for any failure on your part to take up any component of your holiday. No credit refunds will be given for lost, mislaid or destroyed travel documents.
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14 Liability
(i) Our obligations, and those of our suppliers providing any service involved in your holiday, are to perform or provide such services with reasonable skill and care. We can only take responsibility for the actions of our employees, agents and suppliers within the course of their employment, or while carrying out work that we have requested, as part of the holiday arrangements you booked with Valencian Experience before departure.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraphs (i) above and (iv) below, should any part of you trip not be as described (subject to clauses 4 & 5 above. If we accept liability, we will, subject to paragraphs (v) and (vi) below pay you compensation of an amount which could be reasonably and properly be expected, taking into account all the relevant circumstances.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your trip, subject to the booking conditions, we accept liability subject to paragraphs (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) and (vii) below, pay you reasonable compensation. Nothing in this agreement shall be taken as restricting or excluding our liability for death or personal injury arising from, or caused by, our negligence.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v) and (vi) below, where the cause in the failure of your trip or any death or personal injury you may suffer is not due to any fault on our part, or that of our servants, agents, or suppliers, and is either attributable to you, or attributable to someone unconnected with the trip and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen, or forestalled, or in connection with any services that do not form a part of our contract. In these cases, we will offer you reasonable assistance.
(v) Where a claim (whether for personal injury or no personal injury) concerns, or is based on, any travel arrangements provided by any air, sea, rail or road carrier, or any stay in an hotel, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions International Conventions. For the avoidance of doubt, this means that we are to be regarded as having all the benefit of any limitations of compensation contained in any international conventions applicable to your holiday.
(vi) It should be noted that our acceptance of liability in paragraphs (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your trip or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause below entitled "Complaints and Problems".
(vii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
(viii) If a particular service which gives rise to a claim or complaint complies with local laws and regulations applicable to those services at that time, the services will be treated as having been properly provided. This will be the case even if the services do not comply with the equivalent laws ad regulations of the U.K.
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15 Complaints And Problems
In the unlikely event that you experience a problem whilst on your holiday, you must immediately inform the company's local representative, and the hotelier or supplier involved. Verbal notification should be put in writing to them as soon as possible.
If the problem is not resolved to your satisfaction straight away, you must contact Valencian Experience within 48 hours, so that we can assist you promptly. If you remain dissatisfied, you must write to us within 28 days of your return, giving full details of your complaint. Failure to notify us at the time, providing us with an opportunity to rectify the cause of the complaint, may result in your loss of any legal rights in respect of this particular matter. |
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