Page 131 - Shearings Europe - Enjoy the sights without the flights

Booking Conditions

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we or for anything that happens during the course of its provision by the operator.
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) 19. ASSISTANCE DOGS
affected in total. This maximum amount will only be payable where everything has gone wrong and you or your We are happy to carry assistance dogs on our holidays. To qualify as an assistance dog, the dog must be
party has not received any benefit at all from your booking. specifically trained to assist a person by a member organisation of Assistance Dogs International or the
(c) Claims in respect of international travel by sea and rail, or any stay in a hotel: International Guide Dog Federation. This includes the following organisations: Canine Partners, Dog A.I.D, Dogs for
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, Good, Guide Dogs for the Blind Association, Hearing Dogs for Deaf People, Medical Detection Dogs and Support
which include The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect Dogs. In order to travel to and from EU countries and listed territories, the dog must meet the requirements of
to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these the UK Pet Travel Scheme which include having an animal health certificate unless you have a pet passport issued
Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport in an EU country or Northern Ireland, being micro chipped and being vaccinated against rabies more than 21
company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, days prior to the date of departure from the UK. In addition, dogs must be treated for tapeworm no less than 24
we rely on the terms and conditions contained within these international conventions and those ‘Conditions of hours and no more than 120 hours (5 days) before entry back into the UK. Additional rules apply if travelling to
Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form countries outside the EU and listed territories. Full details can be found on the website: https://www.gov.uk/taking-
part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall yourpetabroad. We would like to remind customers that it is their responsibility to ensure they have the necessary
be deemed to be included by reference into this contract. documentation to enter the relevant countries with their dog and to check with the country you’re travelling to.
ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight If you wish to bring an assistance dog with you on holiday, please contact us by telephone prior to making your
disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to booking so we can make the necessary arrangements and ensure the dog meets all requirements.
the remedies provided under the Regulation as if (for this purpose only) we were a carrier. 20. ASSISTANCE WHILST AWAY
In the event you experience difficulties (of any sort) during your holiday, we will provide you with appropriate
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. assistance as soon as reasonably possible including by the provision of appropriate information on health services,
local authorities and consular assistance and by assisting you to make distance communications and to find
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we
out in the confirmation invoice, ‘Things You Need To Know’ document, our brochures and the information we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a
reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to 21. BEHAVIOUR
an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the
to perform or improper performance of the travel services included in this package. The level of any such price enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your
reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to
taking into consideration all relevant factors such as but not limited to: following the complaints procedure as any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation,
described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence we reserve the right to terminate your booking with us immediately. In the event of such termination our liability
affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our to you and/or your party will cease and you and/or your party will be required to leave your accommodation or
supplier(s) have been negligent if you wish to make a claim against us other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost
accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as
(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our a result of termination. When you book with us, you accept responsibility for any damage or loss caused by you
supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
and/or your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss
also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves or the damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual
and our insurers with all assistance we may reasonably require. cost is less than the amount paid, the difference will be refunded. You will be responsible for meeting any claims
(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: subsequently made against us and all costs incurred by us (including our own and the other party’s full legal
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we costs) as a result of your actions (or any member in your party) and we will hold you and each member of your
could not have foreseen you would suffer or incur if we breached our contract with you; (b) relate to any business; party jointly and individually liable. In the event of any customer behaving in such a way as to cause or be likely to
(c) indirect or consequential loss of any kind. cause (in our reasonable opinion or the reasonable opinion of any person in authority) offence, danger, damage or
significant discomfort or distress to others, we reserve the right to terminate that person’s holiday arrangements.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where In this situation, we will not be liable to complete your holiday arrangements (including return travel arrangements)
they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility and will not pay you, nor be liable for, any refund, compensation or costs you have to pay. We cannot accept
which your hotel or any other supplier agrees to provide for you.
liability for the behaviour of others staying at your accommodation, or if facilities are withdrawn as a result of their
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, action.
due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation 22. FINANCIAL PROTECTION
(where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that All funds paid to us in relation to your booking will be paid into a secure independently operated trust account
the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, “Shearings Travel Limited Trust”. This is managed by an independent professional travel trustee (PT Trustees).
nor to persons needing specific medical assistance, provided we have been notified of these particular needs at Customer monies are further protected by a bond with The Association of Bonded Travel Organisers Trust
least 48 hours before the start of your holiday. For the purposes of this condition, “unavoidable and extraordinary Limited (ABTOT) membership number 5600, providing financial protection under The Package Travel and Linked
circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious Travel Arrangements Regulations 2018. Your travel funds will be segregated from general operational funds of
disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which Shearings Travel Limited until your holiday is complete and fulfilled, excepting an agreed sum which is protected by
make it impossible to travel safely back to your departure point.
the ABTOT bond. Therefore in the very unlikely event of our insolvency, you will be fully protected and refunded
17. PASSENGERS WITH HEALTH CONSIDERATIONS / DISABILITIES / REDUCED MOBILITY in full. ABTOT bonding also provides for repatriation if transportation was included in your package. Please note
Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced that bookings made outside the UK are only protected by ABTOT when purchased directly with Shearings Travel
mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements Limited.
are generally suitable for someone with reduced mobility. However, reduced mobility of course means different In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7
things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility
whether this is permanent or temporary and whether caused by age or by physical or mental disability or You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.
legislation.gov.uk/uksi/2018/634/contents/made
impairment or other cause of disability. If you have a disability or significantly reduced mobility, coaches/other
forms of transport can be difficult to get on and off and some of our hotels do not offer ground/lower floor/step You can find out more about ABTOT here: https://www.abtot.com/
free accessible accommodation or lifts/easy access. Many of the excursions on our tours visit places of interest 23. ENTRY PASSPORT, VISA & IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES
and public buildings. These may not be able to accommodate people with walking difficulties. Excursions which We can only provide general information regarding entry, passport, visa, immigration requirements and safety and
include sightseeing tours may involve walking long distances and sometimes over cobbled or uneven surfaces. We health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good
always endeavour to assist if we reasonably can where additional equipment needs to be transported in relation to time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/
a disability, medical condition or reduced mobility. However, please bear in mind that coaches are subject to overall or the country(ies) through which you may be transiting through.
weight restrictions and have limited space to accommodate the luggage of all passengers. If we have already Such information which you may need to check includes (but is not limited to) passport requirements including
agreed to transport such additional equipment for an earlier booking, we may be unable to do so for a later (but not limited to) how valid your passport must be after return date, whether your passport must be machine
booking for the same coach. This is particularly the case where any such equipment is relatively bulky or heavy. readable or which visas/waivers may be required for entry such as ESTA for USA travel and/or ETIAS for EU
We will not usually be able to carry more than one mobility scooter on a coach. Carriage of any equipment is travel).
subject to its individual size, weight and other details, full details of which must be provided at the time of booking. You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have
Airlines and rail, ferry and cruise operators have their own restrictions on the carriage of such equipment. Should provided a few useful resources below, though it is your responsibility to check and see if such a body would be
you suffer from any disability, medical condition or significant reduction in mobility which may affect your or other relevant to yourself.
passengers’ holidays, you must provide full verbal and written details at the time you book the holiday, including • the Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to
any specific requirements you have. Additionally, at the time you book the holiday, you must provide verbal and UK residents);
written confirmation that all assistance required will be provided by your travelling companion(s). You must also
notify us of any adverse changes or deterioration in the disability or medical condition, or development of any • UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship.
disability or medical condition or material reduction in your mobility after booking. In view of the nature of our • Embassies, High Commission and/or Consulates;
holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development, • own doctor.
deterioration or adverse change of any disability or medical condition or material reduction in your mobility For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC)
occurring after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For travel
particular customer or where, in our reasonable opinion, the medical condition, disability or reduced mobility of the to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment.
customer concerned is likely to have a significant adverse effect on other customers taking the same holiday. We Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including
further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any cover for emergency medical treatment and associated costs.
relevant disability or medical condition or significant reduction in mobility at the time the booking is made and/ or We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied
promptly notified of any development, adverse change or deterioration occurring after booking. On occasions, with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in
the decision to cancel can only be made at the time the person concerned joins the coach/ holiday for the first relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport,
time as it may only be apparent at this stage that their disability, medical condition or reduced mobility cannot be visa, immigration requirements or health formalities.
accommodated. Any customer affected by a disability or medical condition must ensure they have notified this to
their travel insurers, and that their travel insurance provides cover. As it is a condition of booking that all customers 24. ADVANCE PASSENGER INFORMATION
A number of Governments are introducing new requirements for air carriers to provide personal information about
have adequate and appropriate travel insurance, we are entitled to insist on evidence that the disability or medical
condition is covered. all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at
the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you
18. EXCURSIONS are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your with our privacy policy.
contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the
operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour
The hassle is taken away with our hand-on-heart promise 131