Pelorus Adventures Ltd Booking Terms and Conditions

These Booking Conditions, together with our Privacy Policy and where your services are booked via our website our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract Pelorus Adventures Limited of 126 New Kings Road, London, England, SW6 4LZ, company number 11808748 (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that they:

1. have read these Booking Conditions and have the authority to and does agree to be bound by them;

2. consent to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

3. are over 18 years of age and where placing an order for services with age restrictions declares they and all members of the party are of the appropriate age to purchase those services;

4. they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act in the following capacities:

1. in the sale of a Package (but given these terms relate to sales for consumers outside the UK and EU these will not be packages as defined by the Package Travel Directive and any implementations thereof).

2. and as Principal in “Single Element” bookings (i.e. accommodation only).

SECTION A – APPLICABLE TO ALL BOOKINGS

This section applies to all bookings made with us. Please read this section A in conjunction with the relevant section below which is applicable to your booking.

1. Accuracy Of Advertising Material

We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must therefore ensure you check the current price and all other details relating to the arrangements that you wish to book with us at the time of booking.

2. Travel Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. 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.

3. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if either of our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control means 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, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

4. Special Requests

Any special requests must be advised to us at the time of booking (e.g. diet, room or cabin location, a particular facility etc..). You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to our suppliers in regard to a Package or Single Element booking, is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. Bookings that are conditional upon any special request being met are not accepted by us.

5. Accommodation Ratings & Standards

Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your travel arrangements. However, standards and ratings may vary between countries, as well as between suppliers. Therefore, we cannot guarantee the accuracy of any ratings given and no warranty is given or implied by providing such display.

6. Disabilities & Medical Problems

We are not a company which specialises in sale of services for disabled individuals, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking and/or purchase, please provide us with full details before you make your booking and/or purchase so that we can advise you as to the suitability of your chosen booking and/or purchase. We may require you to produce a doctor’s certificate certifying that you are fit to participate (where applicable).

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 reserve the right to cancel your booking and impose applicable cancellation charges when we become aware of these details.

7. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or 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 payment of any expenses or costs incurred as a result of termination. 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 and/or any applicable suppliers as a result of your actions, together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

8. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on enjoying your booking are not part of your 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 or for anything that happens during the course of its provision by the operator.

9. Entry, Passport, Visa & Immigration Requirements, Safety & Health Formalities

We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your services. We are not required to provide such information but choose to provide this information on a complimentary basis. Regardless of what you purchase however, it is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.

Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETIAS for EU travel or ETA for UK travel.

You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.

• the UK Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);

• UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship;

• Embassies, High Commission and/or Consulates;

• Your own physician or doctor.

For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa and immigration requirements or health and safety formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa and immigration requirements or health and safety formalities.

10. Law & Jurisdiction

Your contract with us and all matters arising out of it are governed by English law and English jurisdiction will apply.

11. Cutting Your Booking Short

If you are forced to return home early, we cannot refund the cost of any elements of your booking you have not used. If you cut your booking short and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided, we will not offer you any refund for any part of your booking not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

12. Conditions Of Suppliers

Many of the services which make up your booking are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

13. Advance Passenger Information

A number of Governments are introducing new requirements for travel businesses to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made, most likely by the applicable supplier or us. Where we collect this data, we will treat it in accordance with our Privacy Policy.

SECTION B: PACKAGE BOOKINGS

This section only applies to Package booked with us. Please read this section in conjunction with Section A of these Booking Conditions.

14. Booking & Paying For Your Package

A booking is made with us when you pay us a deposit as we advise you, and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking. Booking confirmation or any other document we send you are wrong, you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document.

The balance of the cost of your arrangements (including any applicable surcharge) will be due at a time we make known to you. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in Clause 15, will become payable.

15. Pricing Of Packages

We reserve the right to amend the price of unsold itineraries at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries.

There will be no change made to the price of your confirmed itinerary within 20 days of your departure nor will refunds be paid during this period.

16. If You Change Or Transfer Your Package

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by emailing info@pelorusx.com as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administrative fee as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 17.

Transfers of Package:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

1. that person is introduced by you and satisfies all the conditions applicable to the Package;

2. we are notified not less than 7 days before departure;

3. you pay any outstanding balance payment, an administrative fee per person as well as any additional fees, charges or other costs arising from the transfer of the Package; and

4. 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 17 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a charge of up to 100% of the value of that part of the arrangements, in addition any additional administrative fees and/or supplier costs which will be notified to you at the time.

17. If You Cancel Your Package

If you wish to cancel your confirmed booking you must inform us in writing by emailing info@pelorusx.com as soon as possible, with such notice to be given by the first named person on the booking. Your notice of cancellation will only take effect on the date it is received by us.

Should one or more member of a party cancel, it may increase the per person Package price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, unless otherwise notified at the time of booking you will have to pay the cancellation charges as follows

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to our cancellation charge above.

Important Note2: Where you instructed us separately to provide a Plan for a trip, and paid a separate planning fee, that will sit separately to any charges in this section and will not be refundable in any event.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause 18 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or similar.

18. If We Change Or Cancel Your Package

As we plan your Package many months in advance, we may occasionally have to make changes or cancel your Package booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your Package, we will make reasonable efforts to inform you as soon as reasonably possible before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that airlines/carriers advertised part of your Package may be subject to change.

Occasionally we may have to make a significant change to your confirmed Package. Examples of what might equate to “significant changes” dependent upon the details of your booking include the following, when made before departure:

Cancellation:

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:

1. (for significant changes) accepting the changed arrangements; or

2. having a refund of all monies paid; or

3. if available and where we offer one, accepting an offer of an alternative Package and/or option (we will refund any price difference if the alternative is of a lower value).

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.

Compensation

In addition to a full refund of all monies paid by you, we may pay you compensation

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

Important Note2: Where you instructed us separately to provide a Plan for a trip, and paid a separate planning fee, that will sit separately to this section and will not be refundable in any event.

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

19. Our Responsibility For Your Package

20. Package Complaints

We make every effort to ensure that your Package runs smoothly but if you do have a problem during your Package, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact info@pelorusx.com.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us by email, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

21. Delays, Missed Transport Arrangements & Other Travel Information

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.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 3 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

22. Prompt Assistance

If, whilst you are taking part in your itinerary, 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.

SECTION C – SINGLE ELEMENT BOOKINGS

This section applies to all Single Element bookings that you make with us (e.g. accommodation only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

23. If You Change or Cancel Your Single Element Booking

Changes:

If, after confirmation, you wish to change your Single Element booking in any way, the first named person on the booking must notify us emailing info@pelorusx.com as soon as possible. We will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.

Note: Certain Single Element bookings may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your Single Element booking, you must notify us in writing by emailing info@pelorusx.com as soon as possible. This Your notice of cancellation will only take effect on the day it is received by us. The person to notify us of any cancellation must be the same first named person on the Single Element booking.

Should one or more member of a party cancel, it may increase the per person price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your Single Element booking, you will have to pay the cancellation charges notified to you – these can sometimes be 100% of the price.

Important Note: Certain Single Element bookings may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% in addition to the charges above.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause outlines the rights you have if you wish to cancel your Single Element Booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

24. If We Change or Cancel Your Single Element Booking

We may in exceptional circumstances be required to cancel your Single Element booking. In which case, a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of such change or cancellation.

Very rarely, we may be forced due to Events Beyond Our Control (please see clause 3) to change or terminate Single Element booking after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

25. Our Responsibilities for your Single Element Booking

26. Plan & Planning Fees

You may engage us to plan a trip on your behalf (“Plan”). When we do so, that will be subject to a tailored and individualised fee. It is not a travel service, in itself. You agree that any Plan is a stand alone instruction and does not otherwise attract any additional rights from the Package Travel Regulations, or similar. Your statutory rights are, however, not affected. Notably, in the event a planned trip does not go ahead, or is booked and then cancelled by you or us, the Plan is non-refundable.