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PILLOW TOURS BOOKING CONDITIONS

1. Your Contract

a) Your contract is with Pillow Adventure Travel Company Ltd, a Company registered in England under Company Number 6454356, registered office: Unit 36, 88-90 Hatton Garden, London, England EC1N 8PN hereinafter called “The Company” or “we”. When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A booking can only be made by a person aged 18 years or over. Please read these conditions carefully as you will be bound by them.

b) Please note that these booking conditions change slightly, dependent on whether you book a package with us. Whenever you book a trip which includes overnight accommodation or camping, this will constitute a package. If you book a package holiday through us, we will accept responsibility for it in accordance with these Booking Conditions as an “organizer” under the Package Travel, Package Holidays and Package Tours Regulations 1992. A package holiday is a combination of at least two elements out of (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at the same time, for which payment is made to us and which last at least 24 hours or include overnight accommodation.

c) Your contract is made on the terms of these booking conditions which are governed by English law and any claim or dispute will be subject to the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and wish to do so.

d) Not all of the optional excursions offered on your trips are operated by us, and nor do they form part of your contract with us for your trip. Pillow arranges optional excursions as an Agent of the local supplier. Should you participate in any optional excursions your contract will be with the local supplier of the excursion, and their conditions will apply.

2. Prices and payment

a) A deposit is payable at the time of booking. Payment is due in full 6 weeks prior to the date of travel as specified in the confirmation voucher and invoice. For bookings made within 6 weeks of travel the full price is payable at the time of booking. If we do not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you and retain all deposits paid or due at that time.

Package bookings. Whilst we reserve the right to change our prices at any time before you book, the price on your holiday invoice will not be increased or decreased except in the following circumstances. A surcharge or refund will be payable, where transportation costs and/or any taxes, or fees payable for services such as embarkation/disembarkation fees at ports that may increase/decrease. Even in such cases, we will absorb increased costs up to a total amount equivalent to 2 percent of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only if the increased costs exceed this 2 percent we will levy a surcharge. If any surcharge is greater than 10 percent of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your holiday booking and receive a full refund of all monies paid to us (except for any amendment charges), or you can book an alternative holiday if available, with the appropriate price adjustment. Decreases will be calculated on the same principles. In no circumstances will a surcharge be notified to you within 30 days of departure. The requirement of the company to absorb the 2 percent amount referred to in the clause is subject to any change in the law following the date of this brochure and to the extent that any change in law removes such requirements the Company will pass on the full amount of any surcharge to you.

For arrangements which are not packages, we reserve the right to pass on any cost increases to you in full.

3. Confirmation invoice

a) On receipt of your booking and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a confirmation invoice. Check this invoice carefully immediately. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.

4. Financial Protection

a) The trips we provide are fully insured by Campbell Irvine Insurance Brokers. Furthermore, as defined by the Package Travel Regulations (1992) we offer you total financial protection by placing your payments into a separate or segregated account which is protected until the tour terminates. This form of financial protection means, in the unlikely event of our insolvency, we guarantee to have the funds available to fulfill your holiday.

5. Website and brochure accuracy

a) Every effort is made to provide as much pricing information as possible on our website and in our brochures and to ensure this information is accurate. Regrettably however changes and errors do occasionally occur. We cannot accept liability for errors. Prices and details of products and services and any offers posted online are subject to change without notice and all products, services and offers are subject to availability.

6. Insurance

a) It is a condition of booking that every passenger must have travel insurance in force for the entire duration of your trip. It is your responsibility to ensure that you are adequately insured, as we will not check your policy. Your insurance must include adequate cover for any adventure sports you might do, medical expenses and the cost of repatriation to your home destination should you become too ill to continue your trip. The Company accepts no responsibility for the loss of, or damage to, personal property or valuables. Insurance to cover the loss of baggage and valuables is also highly recommended. We reserve the right to request details of your insurance policy (policy number and insurer).

7. Fitness and special requests

a) If you are affected by any condition, medical or otherwise, that might effect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. If we reasonably feel that we are unable to accommodate the needs of any client who has particular health requirements, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 11 of these conditions.

b) Special requests must be made at the time of booking. We will pass on your request to service provider but cannot guarantee that it will be accommodated.

9. Acceptance of risk

a) Your booking is accepted on the understanding that you realise the hazards involved in this kind of trip, particularly in consideration of the unusual activities undertaken. You acknowledge that by the very nature of many of our activities you are exposed to an element of personal risk and that the activities are of a personally hazardous and unpredictable nature above those associated with conventional holidays. You therefore accept and consent to the risks inherent in the implementation of this contract and accept as reasonable the limitations of the Company’s responsibility as set out in these terms and conditions.

10. If you change your booking

a) Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Any such request must be in writing from the person who made the booking. We will do our best to meet your request but it may not always be possible. You will be asked to pay an administration charge of £15 and any further costs we incur in making the changes 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.

b) If you are prevented by genuine circumstances from travelling on the trip on which you booked the Company may allow the booking to be transferred to another person to travel on the same trip. You must notify us in writing not less than 21 days before the departure date. A transfer fee of £25 will be due at that time, together with any charges or costs levied by a supplier, and we will not confirm such a booking transfer until all costs have been paid. The new passenger shall be responsible for obtaining any necessary travel documents.

11. If you cancel your booking

a) You or any member of your party may cancel your arrangements at any time. Should you or any member of your party need to cancel your chosen arrangements the party leader must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by us.

b) If you cancel your booking within eight weeks of departure, the following cancellation charges will be incurred:-

Period before scheduled departure date within which notice of cancellation is received in writing by the company

Charge

More than 42 days (Six Weeks before Departure)

Deposit Only

41- 29 days

50% of the trip cost

28 – 22 days

75% of the trip cost

21 – 15 days

90% of the trip cost

14 days or less

100% of the trip cost


d) We would strongly recommend that you take out full insurance, which should then in most cases include cover under certain circumstances against loss of deposit or cancellation fees. See clause 6 of these conditions.


12. If we change/cancel your holiday

a) It is unlikely that we will have to make any changes to your holiday but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest opportunity. A minor 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 not reasonably expect to have a significant effect on your confirmed holiday.

b) Whilst every effort will be made to avoid any significant changes, please be aware changes may be made at any time. We will endeavour to let you know as soon as we can if, through no fault of your own, we are forced to significantly alter your trip. In the unlikely event of the Company cancelling a trip, all moneys paid to the Company will be refunded in full. We shall not be liable to you for any incidental expenses incurred by you. Except in the case of extraordinary circumstances beyond our control (see clause 13), we will not cancel a trip less than 8 weeks prior to departure.

e) 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:-

i.  (for significant changes) accepting the changed arrangements or

ii. purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or

iii.  cancelling the booking and obtaining a full and prompt refund of all the money paid– as long as you have given us written notification of cancellation within 7 days of the date on which you were notified of the alterations.

If we have to make a significant change or cancel 8 weeks or less before departure, subject to the exceptions below, we will pay you the following compensation:


Period before scheduled departure date within which a significant change is made known to the client.

Compensation

More than 55 days

Nil

55-43 days

£10

42-29 days

£20

15-28 days

£30

0-14 days

£40


13. Force majeure

a) We will not accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage due to circumstances that come under the definition of ‘force majeure’. In these booking conditions ‘force majeure’ means any event that we or the supplier of the services in question could not foresee or avoid even with all due care. Such events include but are not limited to war, the threat of war, insurrection, riots, strikes, civil action decisions by governments or governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.


14. If you have a complaint

a) If you have a problem during your trip it is your responsibility to ensure, at the earliest possible opportunity, that any perceived failure in the performance or improper performance of the contract whether by the company or its suppliers is communicated to the relevant supplier and our representative so that the concerns can be addressed. With regard to any perceived unresolved serious complaint, please provide written details to us or the supplier. We strongly recommend you communicate any complaint to both us and the supplier of services during your trip. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. Until we know about a problem or complaint, we or the supplier cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction you must write to us within 28 days of your return. Please give your booking reference number and any other relevant information.


15. Our Liability to you

a) We are only liable for making a responsible choice of supplier or subcontractor to carry out the services provided for you. However, in the event that we are found liable on any basis whatsoever our maximum liability to you is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence.

b) No servant, agent, or authorised representative of the Company has authority to commit the Company to any liability whatsoever and we will not be bound by any statement or representations unless it is in writing and signed by a Director.

d) Package bookings. For package bookings we accept responsibility for the full and proper performance of your safari as described on our website or in our brochure. If any part of your trip is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation, if this has affected the enjoyment of your trip. Subject to paragraphs 15 b) (i), (ii), (iii), (iv) below, our liability in all cases shall be limited to a maximum of twice the cost of your trip.

(i) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub contractors whilst acting within the scope of or in the course of their employment in the provision of your trip. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. We will accordingly pay to you such damages as are applicable in such circumstances under English Law.

(ii) We will not be responsible for any claim arising as a result of any or all of the following;-

1) the fault of the person(s) affected or any member(s) of their party or

2) the fault of a third party not connected with the provision of your trip which we could not have predicted or prevented or

3) the fault of anyone who is not carrying out work for us (generally or in particular) at the time or

4) an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure as described in these booking conditions.

(iii) In respect of travel by sea, rail, and the provision of accommodation, our liability will be governed by and limited in accordance with the relevant international conventions (including, for carriage by sea, the Athens Convention 1974, for travel by rail, the Berne Convention and for accommodation arrangements the Paris Convention 1962). The provisions of these Conventions and any other convention in force at the time of your holiday are incorporated into these booking conditions and form part of your contract. Copies of these international conventions are available upon request at our offices.

(iv) In respect of claims for death and personal injury we will not be liable for any loss of profit of loss of business or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.

16. Supplier conditions of carriage

a) Where transport arrangements are provided the client agrees that the obligation of the Company to the client is to select normally competent, independent sub-contractors to provide such transport and any other services related to the trip and in doing so to exercise reasonable care in their selection. The client agrees to also abide by the terms and conditions of all such carriers related to the trip.

17. Behaviour

a) We reserve the right within our reasonable discretion to terminate the holiday, without notice, if you or your party’s conduct or behaviour is disruptive in any way and/or affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by you/or your party as a result of our doing so. You accept responsibility for any damage or loss caused by you/ your party. Full payment for any such damage or loss must be paid direct at the time to the supplier in question. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you / your party causes or is likely to cause danger, upset or distress to any third party or damage to property, we and/or the service provider concerned are entitled, without prior notice, to terminate the arrangements of you/your party. You/your party will be required to leave the accommodation/ other service. We will have no further responsibility toward you including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

18. Marketing materials

a) Any likeness or image of you secured or taken on any of our trips may be used by the Company without charge in all media for promotional or marketing purposes such as in brochures, slides, video shows and the internet.

19. Passports, Visas and Health

a) It is your responsibility to be in possession of a valid passport and any necessary visas or health documents. A full 10 year passport is required for all British citizens. A full British passport may take up to 12 weeks to obtain. Requirements may change and you must check the up to date position in good time before departure. The name in the passport must match the name on your ticket where provided. It is recommended that your passport is valid for at least 6 months beyond your planned return date. If you are not a British citizen, you should contact your Embassy for information and advice on the passport and visa requirements of the countries you propose to visit. We also cannot accept liability or consider refunds for clients who cannot travel because of incomplete or incorrect documentation.

b) The Foreign & Commonwealth Travel Advice Unit may publish information about your destination on the internet www.fco.gov.uk . The Department of health website at www.doh.gov.uk also provides health advice for travellers. If you are not a British citizen, you should check the equivalent sites in your home country.

c) Any information or advice provided by the Company on matters such as visas, medications, vaccinations, climate, clothing, baggage, special equipment, permits, specific itinerary details etc, is given in good faith to the best of our knowledge at the time, but without responsibility on the part of the Company as to individual requirements for specific trips. The passenger accepts responsibility for obtaining any necessary visas and travel documents.

20. Data Protection

a) For the purposes of the Data Protection Act 1998 we are a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party’s members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example your hotel, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.

b) We have appropriate security measures in place to protect the personal details you give us. Where your travel arrangements are to take place outside the European Economic Area, (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements.

c) We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. 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 will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.

21. Governing Law

a) The contract (incorporating these booking conditions) and all matters arising from it are subject to English Law and the exclusive jurisdiction of the English courts, or such law as otherwise permitted under clause 1c of these conditions.

22. London 2012 campsite specific – Due to the large capital outlay in supplying infrastructure for our 2012 campsite, we will not accept liability or pay any compensation in the event of the 2012 London Olympics being cancelled or postponed. Although this scenario is highly unlikely, we strongly recommend you organize travel insurance to protect you against this scenario. Please see sections 6 and 13 above.

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