Railtrail Tours Booking Conditions

 

RAILTRAIL TOURS LIMITED BOOKING TERMS & CONDITIONS

 

The following Booking Conditions, together with the information contained in our Brochure, Website, Website Terms of Use, Privacy Policy, Tour Details, Itinerary, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. Please read them carefully as they apply to all bookings you make with us and set out our respective rights and obligations.

 

In these conditions ‘we’, ‘ourselves’, and ‘Railtrail’ means Railtrail Tours Limited, a company registered in England and Wales with company number 02509776 and registered office 21 Smithfield Centre, Leek, United Kingdom, ST13 5JW. ‘You’ means the person making the booking to travel on a Tour and includes any person travelling with or in the care of you or for whom you make any booking arrangements with the Company or any other person to whom a booking is transferred. ‘Hotel’ includes any accommodation provided or offered to you.

 

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

1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

2. he/she consents to our use of information 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. he/she is over 18 years of age and resident in the United Kingdom and, where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;

4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

1. INSOLVENCY PROTECTION

 

We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number 9056, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

 

When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).

 

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).

 

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

 

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Railtrail Tours Ltd (Member No. 5577), and in the event of their insolvency, protection is provided for:

• Non-flight packages

 

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Railtrail Tours Ltd.

 

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

 

All rail tickets issued by Railtrail Tours Ltd are guaranteed good for travel by the Rail Settlement Plan Ltd.

 

2. MOBILITY, BOOKING, PAYMENTS & INSURANCE

 

Mobility

We are not a specialist disabled holiday company, 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, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. 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 will cancel it and impose applicable cancellation charges when we become aware of these details.

 

Booking

A booking can be made either online via our e-booking portal, by telephone or in person at our office or through a Railtrail authorised Travel Agent. A booking is made with us when you pay us a deposit per person of £75 for UK tours or £150 for ALL Classic Plus and European tours or £400 for Worldwide Ground tours or £450 for Worldwide Air tours (or full payment if you are booking within 9 weeks of departure date for UK Tours or 13 weeks of departure date for ALL Classic Plus, European, and Worldwide tours) 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 and will be sent to you or your travel agent.

 

If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document 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 within ten days of our sending it out (five days for tickets).

 

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 9 weeks prior to departure date for UK Tours or 13 weeks prior to departure date for ALL Classic Plus, European, and Worldwide tours. 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 below will become payable.

 

Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

 

The first named person listed on the booking accepts responsibility for distributing all tickets and documentation relating to the booking to all persons named on the booking. An Additional Information Form is also to be completed in full as part of the booking process. If your booking is made either online via our website, or by telephone, the Additional Information Form will be sent to you for completion, signing, and return within 14 days of your booking. All disability or mobility restrictions relating to any person named on the booking must be declared on the Additional Information Form. Should any disability declared at that time warrant our cancelling of your booking we will refund any monies paid.

 

Payments

Our preferred means of payment is cheque, debit card, credit card, or BACS transfer.

 

If your fare includes a discount e.g. Railcard, National Trust, etc, it is your responsibility to carry your valid card(s) on tour and each day train travel is featured. Loyalty point discounts and donation offers apply to new bookings on UK & European Railtrail operated tours only; they cannot be applied retrospectively.

 

Insurance

For European and Worldwide tours it is a condition of booking that you are adequately insured, and it is a condition of travel that before departure you provide to us details of your insurance arrangements (insurers name, your policy number, and the emergency contact number stated on your policy). 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. For UK holidays this travel insurance requirement is not mandatory for UK nationals, but we do recommend that you are similarly insured; insurance is mandatory for NON-UK nationals, and it is a condition that you provide details to us as above.

 

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.

 

We request that you provide to us details of ‘next of kin’ and ‘In Case of Emergency’ contact information, for each passenger in your party.

 

3. ACCURACY

 

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

 

4. PRICING

 

Once we have confirmed your booking, the price is guaranteed and we will not seek to make any changes to the price other than to correct any genuine errors. We reserve the right to amend the price of unsold holidays at any time.

 

5. CUTTING YOUR HOLIDAY SHORT

 

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday 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.

 

6. IF YOU CHANGE YOUR BOOKING & TRANSFERS OF BOOKINGS

 

Change of Booking

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. We will do our utmost to make the change, however we reserve the right to charge an alteration fee of £75 per person, together with any costs 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. 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. All cancellations will be subject to the cancellation charges set out in the relevant clauses.

 

Transfer of Booking

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 holiday;

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

3. you pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; 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 7 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 or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

7. IF YOU CANCEL YOUR HOLIDAY BEFORE DEPARTURE

 

If at the time of cancellation your full balance payment has fallen due and not been received by us your liability for the relevant balance remains.

 

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

 

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

 

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

a) UK Tours

 

b) ALL Classic Plus, European & Worldwide Tours

 

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

 

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.

 

Cancellation Due to Unavoidable & Extraordinary Circumstances

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of "unavoidable and extraordinary circumstances" occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, "unavoidable and extraordinary circumstances" means warfare, acts of terrorism, 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.

 

This clause 7 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 (Directive 2011/83/EU).

 

8. FORCE MAJEURE

 

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by "Force Majeure". For the purposes of these Booking Conditions, Force Majeure 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, epidemics, plagues or pandemics 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 our supplier(s) control.

 

Brexit Implications: Please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

 

9. IF WE CHANGE OR CANCEL YOUR HOLIDAY

 

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

 

Changes

Alterations to the published itinerary occur occasionally for a variety of operational reasons. Whilst we always endeavour to avoid changes and cancellations, we do reserve the right to make them.

 

If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to carrier type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

 

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of "significant changes" include the following, when made before departure:

1. A change of accommodation area for the whole or a significant part of your time away.

2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

3. A change of outward departure time or overall length of your arrangements by more than 12 hours.

4. A change of UK departure point.

5. A significant change to your itinerary, missing out one or more destination entirely.

 

Cancellation

We reserve the right to cancel your holiday if the minimum number of clients required for a particular travel arrangement is not reached. Our minimum group size is usually 15 but we will inform you of the proposed group size at the time of booking. Where we need to cancel for this reason, we will give you at least 20 days’ notice prior to the departure date for tours lasting more than 6 days or at least 7 days’ notice for tours lasting between 2 and 6 days. Note that whether we cancel any holiday for this reason will be at our discretion and we may choose to continue with a trip even where the minimum numbers are not met.

 

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. accepting an offer of alternative travel arrangements if available (where the alternative arrangements are of a lower standard we will also provide a refund of the price difference between the original arrangements and the alternative arrangements).

 

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 will pay you compensation as detailed below, in the following circumstances:

1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

2. If we cancel your booking and no alternative arrangements are available.

 

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you	Amount you will receive from us*
62 days or more	Nil
31-61 days	£10
14-30	£20
Less than 14 days	£30

 

*Important Note: We will not pay you compensation in the following circumstances:

1. where we make a minor change;

2. where we make a significant change or cancel your arrangements more than 61 days before departure;

3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

4. where we have to cancel your arrangements as a result of your failure to make full payment on time;

5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

6. where we are forced to cancel or change your arrangements due to Force Majeure (as defined in clause 8);

7. where we are forced to cancel your arrangements because the number of persons enrolled for the package is smaller than the minimum number required for us to run the trip.

 

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.

 

10. RESPONSIBILITIES

 

We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services 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 an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as, but not limited to, following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

 

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

1. the acts and/or omissions of the person affected; or

2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

3. Force Majeure (as defined in clause 8).

 

We limit the amount of compensation we may have to pay you if we are found liable under this clause:

1. loss of and/or damage to any luggage or personal possessions and money:

   the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

2. Claims not falling under (a) above and which don’t involve injury, illness or death:

   the maximum amount we 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) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

3. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

4. 1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging 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 the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

   2. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

   3. 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.

 

It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

 

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

 

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

1. which, on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

2. relate to any business.

 

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

 

Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to "unavoidable and extraordinary circumstances", we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, "unavoidable and extraordinary circumstances" mean warfare, acts of terrorism, 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 back to your departure point.

 

11. SPECIAL REQUESTS

 

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel 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 the supplier 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. We do not accept bookings that are conditional upon any special request being met.

 

12. COMPLAINTS

 

We trust that you will thoroughly enjoy your Railtrail holiday. Should a concern arise during the tour please bring it to the immediate attention of your Tour Manager who will endeavour to resolve it on your behalf. In the unlikely case of the concern not being resolved to your satisfaction please put your complaint in writing to our office address within ten days of the completion of the tour. Should you fail to follow this simple complaints procedure it may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract.

 

You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

 

If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted.

 

Details of this scheme are available from The Travel Industry Arbitration Service, administered by:

Dispute Settlement Services

9 Savill Road

Lindfield

West Sussex

RH16 2NY

E-mail: admin@disputesettlementservices.co.uk

 

This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.

 

13. SUITABILITY

 

It is your responsibility to provide accurate information about your mobility, health, and fitness at the time of booking, and to advise us of any change to your level of mobility or health and fitness between booking your holiday and joining your tour. For bookings made online or over the telephone, a Passenger Information Form including a mobility declaration will be sent to you for completion and return.

 

If you arrive for a holiday and in the opinion of the Tour Manager your condition or lack of mobility means you are likely to be incapable of coping with the tour or to experience significant difficulties in doing so then the Tour Manager has the absolute discretion to terminate your booking at that time without refund or compensation to you for either monies paid or costs incurred by you as a result of this termination.

 

14. 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 the reasonable opinion of the Tour Manager, Hotel Manager, Train 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 we will not pay 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 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.

 

15. EXCURSIONS

 

Excursions or other tours that you may choose to book or pay for whilst you are on holiday 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.

 

16. CONDITIONS OF SUPPLIERS

 

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. 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.

 

17. PASSPORT, VISA, HEALTH, AND IMMIGRATION REQUIREMENTS

 

It is your responsibility to check and fulfil the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. Visas need to be requested directly and will incur an additional cost. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.

 

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information and details, contact the Passport Office on 0870 5210410 or visit www.gov.uk/browse/citizenship/passports.

 

Special conditions apply for travel to the USA and all passengers must have individual machine-readable passports. For further information, please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form GHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Office at www.gov.uk/travelaware.

 

Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

 

We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health 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 passport, visa, immigration requirements or health formalities.

 

18. PROMPT ASSISTANCE

 

If, whilst you are on holiday, 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.

 

19. DELAYS, MISSED TRANSPORT ARRANGEMENTS, AND 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.

 

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

 

We cannot accept liability for any delay which is due to any of the reasons set out in clause 8 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), timings, and types of transport shown in our 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. The latest timings will be shown on your tickets which will be despatched to you approximately 7-10 days before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct travel times. If travel times change after tickets have been dispatched, we will contact you as soon as we can to let you know.

 

20. FOREIGN OFFICE ADVICE

 

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (as defined in clause 8).

 

21.DATA PROTECTION

 

In agreeing to these Booking Conditions, you acknowledge that we will collect personal information about you that is relevant to your holiday, including items relating to diet and health. We may pass this information on to our suppliers, often overseas, to enable them to deliver to us and you the services required. We undertake not to pass on this information for any other purpose other than the provision of your holiday. Enquiries and bookings made through a third party may also be subject to their information sharing policies.

 

GDPR: Our Commitment

Railtrail Tours Ltd (‘we’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR and the Data Protection Act (DPA) 2018. Our full privacy policy can be viewed at www.railtrail.co.uk or a paper copy is available from our office.

 

22. COVID

 

If you test Covid positive whilst in resort, the onus is on you to follow local government guidance. This will vary from country to country and, whilst we as the Tour Operator will offer reasonable assistance to you, we will not cover the cost of same, nor would we cover the cost should you have to move elsewhere or seek alternative accommodation. It is our recommendation that you ensure that your Travel Insurance policy covers this instance.

 

23. LAW AND JURISDICTION

 

The contract and any claims arising shall be governed by English law and all proceedings shall be within the exclusive domain of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

 

 

Updated 28/08/2024

 

Railtrail Tours Ltd

21, The Smithfield Centre

Leek

Staffordshire

ST13 5JW

 

Telephone: 01538 382323

Company No.: 02509776