For the purposes of these Booking Conditions, when booking an experience you are booking with Bargain Travel Bureau Limited, t/a ‘Redseven’ (company registration number 01713965), whose registered office is at Maria House, 35 Millers Road, Brighton BN1 5NP (“RedSeven”, “we”, “our” or “us”), depending on the arrangements you are booking. Details of the company with whom you book will be confirmed to you during the booking process. All bookings made and communications with you shall be in English.
Bookings are made over the telephone. We will take details of your proposed booking over the telephone from the Group Leader, who makes the booking on behalf of the whole group.
By paying the non-refundable deposit detailed to you at the time of booking, you acknowledge that you understand that our Booking Conditions apply and agree to these Booking Conditions by continuing with a booking. The Booking Conditions are binding when your booking is accepted and confirmed by us in writing via email, letter or fax to either yourself or your travel agent.
We accept bookings subject to the following conditions:
1. YOUR CONTRACT WITH US
To secure a booking, we (or our agents) require a non-refundable deposit in the sum as notified to you at the time of booking. All bookings are made and accepted as a group booking and the person placing the booking who takes responsibility for the reservation is the “Group Leader”. The Group Leader agrees, on behalf of all group members, to be bound by these Booking Conditions. The Group Leader warrants that he/she, and all group members, are over 18 years of age and that the Group Leader has full capacity and authority to secure the booking in accordance with these Booking Conditions on behalf of all persons whose names appear in the booking and of others whom he/she may later add to the group. We reserve the right to decline a booking at our entire discretion. The Group Leader is required to complete our online Booking Form within 24 hours of first placing a booking with us by telephone. Your booking will not be confirmed until we have received a completed online Booking Form in accordance with these Booking Conditions.
Once your telephone booking has been made, you will be provided with login and password details for you to access your booking details via our website through the ‘Manage my Booking’ page. You agree to keep confidential and only disclose the login and password details as necessary to those individuals included in the group booking for the purposes of entering their details. You, as Group Leader, are then required to enter details for each member of the group on to your ‘Manage my Booking’ page, which will trigger an email invitation being sent to all those members of the group, together with a link to the website and login details for individuals to confirm whether they will be included as part of the group. Members of the group have 14 days from the date the booking is first made by the Group Leader to confirm their attendance and to pay their non-refundable deposit, or make relevant payments as set out under these Booking Conditions (“Confirmation Date”). Individuals can made individual payments for their part of the booking to proceed. You confirm by entering the details of those individuals within the group that you (as Group Leader) have all the necessary consents from those individuals in the group to enter their details on the online Booking Form for the purposes of creating a booking to be confirmed by us following submission of the online Booking Form on our website.
Once all members of the group have completed their details and paid their deposits as detailed in their invitation email by the Confirmation Date, the booking shall be reviewed by us to check details of all those in a group who will be participating in the holiday/activity/experience, including checks that all relevant deposits (or other monies) have been paid. Once we have checked that the booking has been made in accordance with these Booking Conditions, we will send confirmation of the completed booking to you by posting confirmation on your ‘Manage my Booking’ page. You will be required to check this page as we do not send out any confirmations by post, email or telephone. The booking will only be confirmed for those members of the group who have completed the booking process by the Confirmation Date and the confirmed booking shall be for that minimum group size, on which the sums payable for the experience/activity/holiday shall be payable in accordance with these Booking Conditions. If members of the group have not completed the booking process by the Confirmation Date then they shall not be included as part of the group booking.
We shall endeavour to make any changes you request to a booking, including adding new confirmed members to a group booking or requesting additional services or upgrades to your group booking, however this is subject to pricing updates, availability and the payment of our relevant administration fees (all of which shall be payable by relevant members of the group and are the Group Leader’s ultimate responsibility), as set out in these Booking Conditions. If such amendments to the group booking means that the updated costs increase and an individual has already made payment in full of amounts notified to them to date, then their individual record of payments within the group booking record will show the relevant amount for their proportion of the updated payments as outstanding. Any requests to add additional members to the group will require the Group Leader to complete another online Booking Form with the requested additional group member’s details, for an invitation to be sent out to that requested additional group member, who will be required to accept the invitation within the timeframe notified to you by us at the time of making the request, and must agree to follow all the procedures for payment of relevant monies and adhere to these Booking Conditions.
Only when all monies have been paid to us for the complete booking will your travel/holiday/experience documents be released to you by the documents being made available from your ‘Manage my Booking’ page to download.
The Group Leader shall have access to the section of the website allowing the Group Leader to ‘Manage my Booking’. This allows the Group Leader to monitor the activity on the booking and to encourage all members of the group to make all requisite payments by the due dates (as set out in these Booking Conditions) and confirm all relevant details required in order to secure the booking and to finalise the booking for release of the travel/holiday/experience documents to the Group Leader.
The Group Leader is responsible for a reservation and for ensuring that all monies due for a booking are collected and paid on time by the members of the group and that everyone within the group is aware of our Booking Conditions. The Group Leader assumes all responsibility to settle the balance of the invoice for a confirmed booking before the due date.
2.1 Payments can be made by members of the group either in full, or if the booking is confirmed no later than 8 weeks prior to the commencement of arrangements, by our individual instalment plan detailed in Clause 2.7. A deposit is payable by each member of the group (including the Group Leader) on confirmation of booking, with the entire group balance payable no later than 7 weeks prior to the commencement of arrangements. If the commencement date of the arrangements is within 7 weeks from the proposed commencement of your arrangements, full payment must be made at time of booking by the Group Leader. The Group Leader can elect to pay for the whole group in any event. Only members of the group can make payments with us and no payments can be accepted by us from any person outside of the group.
2.2 If the instalment option is chosen, until the balance is paid in full, all individual payments are deemed instalment deposits and as such will be treated under Clause 2.6. We are not responsible to track or account for specific individual’s payments, as the booking is one group booking. The Group Leader shall be responsible for making sure that all members of the group pay the required amounts by the due date and we recommend that the Group Leader utilises the online system “MyRedseven” to keep track of individual payments to ensure that all payments are made by the due dates, in accordance with these Booking Conditions. Making individual payments does not constitute individual contracts and the booking remains a group booking with the Group Leader accepting responsibility for ensuring the group members make all payments in connection with their booking.
2.3 Individual part payments made towards the balance that are transacted manually by calling our customer support team, thus bypassing the online facility, will incur our payment processing service fee of £10 per payment plus the relevant charges as set out in these Booking Conditions. Online group or individual payments do not incur this service fee.
2.4 Balance payments are due no less than 7 weeks prior to commencement of the arrangements booked. Your booking may be cancelled if full payment is not received by the due date, in which case all payments made to that date, whether as a group or individually will be non-refundable. We will not be liable for any changes that may have to be made as a subsequence of late payments if, at our discretion, we agree to operate the tour or itinerary should payments be late. Late payments may adversely affect the arrangements of the tour or itinerary, and in such cases we will not be held responsible.
2.5 Dependent on the type of flights and rules of those fares which may apply to a flight-inclusive holiday booking, full payment for flights may be required at time of booking, plus a deposit for the ground arrangements. If this is required, we shall notify you at the time of booking. Any payments taken for flights and/or deposits for ground arrangements shall be non-refundable.
2.6 Under all circumstances; all deposits, part payments, instalments, treatments, theatre or show tickets, administration charges, insurance premiums, ATOL APD payments, service fees and prepaid flights or transfers are non-refundable and non-transferable.
2.8 Once an individual has elected to pay using our individual instalment plan, the individual will be asked to set up card details for automated instalment payments to be taken for the set period of payments required until full payment of the proportionate amount due from the individual (as confirmed at the time of booking, subject to alterations in accordance with these Booking Conditions) has been paid. An individual electing to pay using the individual instalment plan will be required to pay a set up fee of £25 for the administration in setting up the instalment plan for that individual, such cost being spread over the period of payments. Once all final balances for the individual have been settled in full, including all relevant charges, fees and costs (together with any amounts for any updated costs of the booking) as notified to the individual during the individual instalment plan payment period, the automatic instalment payments shall cease
2.9 Once a booking has been confirmed in accordance with Clause 1 of these Booking Conditions, it can only be altered by the Group Leader and with our consent in accordance with these Booking Conditions. If a member of the group does not wish to proceed with taking part in the experience/activity/holiday and wishes to cancel their part of the booking once they have confirmed their attendance following the Confirmation Date, then that individual can seek to cancel their attendance in line with this Clause 2.9, but shall not be entitled to a refund of any monies paid, whether paid as a deposit, or through our individual instalment plan. The group member wishing to cancel will still be liable to make payment in full for their part of the booking and the automated instalment payments under Clause 2.8 shall continue until all instalment payments have been made, unless the Group Leader confirms on the ‘Manage my Booking’ page that the remaining balance payable for that group member shall be split between the remaining members of the group. If agreed to by the other members of the group, the remaining monies payable in connection with that individual’s part of the booking shall be split equally between the remaining members of the group as the sums payable for a booking are for the group as a whole (as confirmed at the time of booking, subject to any allowed alterations to the booking in accordance with these Booking Conditions) and are split according to the number of people in the group confirmed by the Confirmation Date between the remaining members of the group. The remaining members of the group shall be notified of the updated amount to be paid to take account of the allowed alterations once the amounts have been recalculated by us and confirmed to the Group Leader on the ‘Manage my Booking’ page. We shall be entitled to charge our administration fee of £50 each time any alterations are made to the reorganisation of the booking in accordance with the recalculation of payments under this Clause 2.9. If the other group members do not agree to splitting the costs of any departing member of the group, then the individual member shall still be responsible for the full costs of their part of the booking.
2.10 If a card used by an individual for making payments to us is declined for any reason, we will notify that card holder that it has been declined by email, asking them to re-submit their card details and make payment again for the relevant sum and reserve the right to charge that individual our administration fee of £5 for each transaction declined to take account of our costs in chasing correct payment and notifying the individual of the declined transaction. If a card used by an individual for making instalment payments to us under our instalment plan set out at Clause 2.8 is declined for any reason, we will notify that card holder that it has been declined by email, asking them to re-submit their card details and start a new instalment payment plan that includes a set-up fee of £25 for the administration in setting up the new instalment plan for that individual, such cost being spread over the period of payments
By utilising our wealth of professional experience, itineraries and itinerary timings are planned to provide the best and most hassle free experience possible according to the availability of the services. By entering this contract, the Group Leader agrees and accepts that our itinerary recommendations and planning, including venues, timings and durations are final once a booking is confirmed, and no requests to alter or amend timings can be accepted once the balance has been paid. Whilst we will endeavour to accommodate any specific requests with regards timings and dates prior to the travel pack being issued or final invoice being settled, these cannot be guaranteed if they differ from our original itinerary, and requests cannot be accepted within 7 weeks prior to the commencement of your arrangements. We are not responsible for the smooth running of your itinerary if you do not adhere to our planned timings and dates or our and our representatives instructions whether written or verbal.
4.1 Changes by You
All changes must be requested by the Group Leader only directly with Redseven (or our approved Agents) in writing using the online booking management system and not with suppliers. If you make changes directly with suppliers, you may incur costs from both the supplier and from Redseven, and in such circumstances you agree to pay our costs and indemnify us against any costs raised by our suppliers.
4.1.1 Changes to the original booking must be confirmed in writing by the Group Leader, by sending an email to us through your ‘Manage my Booking’ page on our website, and must be accompanied by an administration fee of £35 per amendment in addition to the cost of any extra services required. The only exception to this is if you request us to book accommodation at an airport the night prior to travelling, or additional services that do not alter the booked itinerary, providing they are booked at least one calendar month prior to the commencement of your arrangements. In these circumstances you will be required to pay for the additional services only.
4.1.2 A change of departure date or destination or itinerary that is different to that originally booked must be requested in writing by the Group Leader and must be accompanied with an administration fee of £75, plus any additional costs of services or cancellation charges.
18.104.22.168 This type of change cannot be made within 49 days of commencement of your booked arrangements. All requested changes are subject to availability and if the change is not possible, the booking will not be changed and will be treated as being facilitated by ourselves within these Booking Conditions.
22.214.171.124 If we are unable to make the requested change, the administration fee will still be chargeable to compensate for our time spent ascertaining the details and availability of the request. We reserve the right to apply the cancellation charges as set out for the original itinerary if the original itinerary has to be cancelled due to the requested change.
4.1.3 Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed.
4.2 Group Size Amendments
We are experts in organising groups and group itineraries and we fully understand that people drop out after saying they will attend. Once you have paid your deposit and / or subsequent part payments, we must have a confirmation of group size within 14 days of booking, providing you are not within 14 days of the balance due date (ie, the Confirmation Date, as per Clause 1). Any amendment of group size during this period will not incur cancellation charges in addition to Clause 2.6.
4.2.1 We will assume you have confirmed the group size 14 days after booking if you have not informed us in writing of any changes of group size within that period and the group size shall be the size according to those individuals who have accepted invitations within that time. The Group Leader shall therefore be liable for the sums due for those individuals within the group from that time, and these Booking Conditions shall relate to the group size confirmed to us at that stage.
4.2.2 Any additional people to the booking shall be facilitated, subject to availability and costs applicable at the time of booking (as set out in Clauses 1 and 2 above). If the costs have increased between time of original booking and adding extra people, you are liable to pay for the updated available charge.
4.2.3 The addition of extra people, when available, will not incur our amendment charge, however all other related charges, and subsequent changes will be applicable to the additional persons.
4.3 Changes by us
Whilst Redseven will use its reasonable endeavours to operate all the tours and arrangements as advertised and booked, by entering this contract you and your group members accept that it may prove necessary or advisable to vary or modify an itinerary or its contents due to prevailing local conditions. Redseven reserves the right at any time to cancel or change any of the facilities, services or prices, including and not limited to flights, accommodation, activities, restaurants, entertainment venues, transfers and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
4.3.1 If we cannot provide an experience or activity due to inclement weather conditions, we will provide you with our credit gift card for each participating group member to the value of that affected activity, exchangeable with us for any of our services within six months from the date of travel/experience/activities, but we will not give you a refund.
4.3.2 If a major change is known to us, you will be told at the time of booking. If a major change becomes necessary after time of booking, we will endeavour to inform you as soon as reasonably possible if there is time prior to commencement of your arrangements providing you have given us all the necessary contact details we require.
4.3.3 The definition of a major change will depend on the individual itinerary and circumstances. Usually a major change is when we have to change a destination or dates to ensure the itinerary proceeds. When a major change is made, you will have the choice of accepting the change of arrangements or purchasing alternative available arrangements from us.
5. SUBSTITUTION OF CLIENT
If any member of your party confirmed after 14 days after booking is prevented from participating or travelling because of the death, injury or serious illness of that person, close relative or friend, redundancy, call of duty to armed services, or jury service it may be possible to transfer the booking to another suitable person provided that written notice is given at least 21 days prior to departure and the alternative person meets all the requirements relating to the holiday/experience/activities and that the holiday/experience/activities remain the same as originally booked. You should ensure that the member of the party unable to travel provides evidence as to why they are unable to travel at the time the request to transfer that part of the booking is made. If the transfer is allowed, then we charge an administration fee of £50 to complete the transfer, however our administration fee of £50 will be waived in circumstances where evidence of the inability of a member of the party to travel can be provided, however any costs imposed by our suppliers will be passed on. Airlines may impose a 100% cancellation charge and the cost of a new ticket, plus administration fees which you will be responsible for paying. In the event of a transfer to another person being concluded, you are jointly and severally liable for payment of the holiday price and other associated expenses. The person to whom the booking is transferred must agree to be bound by these Booking Conditions.
No employee of Redseven other than a Director has the authority to vary or omit any of these Booking Conditions or promise any discount or refund.
6.1 Cancellation by you
Once your booking has been confirmed cancellations can only be accepted in writing from the Group Leader for the entire group booking, through our website by sending an email to us from your ‘Manage my Booking’ section. Providing payment has been made according to these Booking Conditions, we will refund to you the final invoice amount less the cancellation charges as detailed below. Cancellation charges will apply based on the date we receive written notification of cancellation of the whole booking. You are not able to cancel part of your original booking itinerary, as the booking is taken as a whole for the group:
| Period of Notification prior to commencement:
||Cancellation Charges: in all cases refer to Clause 2.6, plus the following charges
More than 49 days
Loss of all monies paid to us to date
Less than 49 days to commencement date
100% of the balance of total invoice
6.1.1 Please note that different charges may apply for Airline Tickets, subject to the fare rules, which you will be responsible for. Cancellation charges are reflective of the amounts we are committed to pay to suppliers of your experience/activities/holidays and represent the loss we suffer as a result of your cancellation of group arrangements with us.
6.1.2 No refunds will be made or credit notes issued if you or any group members choose to leave your tour or arrangements early or choose not to participate or utilise any of the included services.
6.1.3 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim the charges set out in this Clause 6.1. You are advised to ensure that your policy has sufficient financial protection to cover you in the event of cancellation.
6.2 Cancellation by us
Redseven reserves the right to cancel any itinerary and tour (before commencement of the arrangements), due to force majeure, health concerns or any other reason outside the control of Redseven that we, in our absolute discretion, may determine.
Force majeure events include (but are no limited to) war or threat of war, riot, civil strife or unrest, Acts of God, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or rail transport by airline or rail operator, the alteration of flight paths, aircraft type or any other event that is beyond the reasonable control of Redseven.
6.2.1 In such circumstances you will be informed of the cancellation and a full refund of monies paid to us will be compensated, or credit will be issued to be used against a booking at a different time, and this will be the extent of our liability. You shall have the option to re-book the planned arrangements at a different time.
6.2.2 We will endeavour not to cancel any booking, except for reasons of force majeure (or failure by you to pay the final balance), less than 49 days prior to commencement of the arrangements, tour or itinerary, providing full payment has been received in accordance with these Booking Conditions.
6.2.3 If an itinerary is not able to proceed, we will establish alternative elements as a preferable substitute to cancellation to a like for like or greater value. In the unlikely event that we are unable to make alternative arrangements that are suitable to you and do have to cancel your booking within 21 days of commencement, we will offer a full refund or credit note (to use against new/alternative bookings) of monies paid. This shall be the limit of our liability however this does not prevent you from claiming compensation if you are entitled to do so.
6.3 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer for flights booked through us only. We do this by listing carriers to be used or likely to be used as set out in our brochures / on our website or confirmed to you by us. You will be advised of the specific airline operating your flight and aircraft type with the confirmation of your booking and flight schedules. Any changes to the actual airline after you have received confirmation of your booking will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. A change of airline, aircraft type or alteration of your outward/return flights by less than 12 hours is deemed to be a minor change. In the event that you choose to cancel your holiday as a result of such change, our normal cancellation charges set out in Clause 6.1 will apply. Flight timings are provided by the airlines and are subject to weather conditions, air traffic control and all passengers checking in on time. We can give no guarantee that the flight will depart at the time shown on your booking confirmation. Where an airline is unable to operate your confirmed domestic flights, travel by road or railway may be an alternative.
6.4 We shall not be responsible for any flights not booked through us. If you decide to book flights independently from a booking for itinerary activities/accommodation, etc, with us, then you shall remain liable to us for that booking and liable to pay all relevant payments of all sums due to us for that booking, notwithstanding any changes made to or cancellations of flights booked separately from your booking with us.
7. PRICES & PRICE CHANGES
Our prices include any discounts, incentives, administration and service fees that we may pass on to you and you are liable to pay our prices as agreed at point of sale and subsequently for any changes.
7.1 By booking you agree to pay the prices quoted at time of booking and these prices will not increase providing there have been no changes to your reservation, except in circumstances where there are variations in the following costs which we will pass on to you, and you agree to pay: transport costs, including costs of fuel, government action (including taxes, surcharges, fees) and fluctuations in exchange rates.
7.1.1 We will absorb and you will not be charged for any increase equivalent to 2% of any surcharge and you must pay and agree to pay the difference above 2%. Only amounts in excess of this 2% will be surcharged to you.
7.1.2 If, after our absorbing 2% of any surcharge, the remaining surcharge is more than 10% of the total cost of your arrangements with us, you are entitled to cancel and receive a refund, excluding service and administration fees, bank fees and airline tickets or other charges as detailed in Clause 2.3. Alternatively, you will be able to change your arrangements with us without incurring additional administration charges, with the exception of charges as detailed in Clause 2.3.
7.2 Prices displayed in brochures, communications, websites and advertisements are all subject to change and availability, date restrictions or conditions and qualification in addition to these Booking Conditions. Prices quoted for overseas destinations are based on a currency conversion rate calculated at the time these Booking Conditions came into force and are priced according to exchange rates applicable at the time the price of your arrangements are notified to you and are subject to availability at the time our brochures, etc, were created. We reserve the right to alter the prices of any of the holidays shown in brochures, etc, due to changes in transportation costs (eg, fuel, airport charges, or other transports charges), government action (eg, increases in VAT or other government imposed levies or taxes) or currency fluctuations as mentioned above, and you will be advised of the current price of the holiday at the time you wish to book before your contract is confirmed, or from time to time according to said promotion or restrictions.
8. TRAVEL INSURANCE
Travel Insurance is required for every group member travelling on itineraries organised by Redseven. You may provide your own insurance that holds the correct cover for you and your group’s participation in the itinerary. You should ensure that any insurance policy covers personal accident, medical and emergency evacuation, loss of monies and participation in your chosen activity or dangerous sport.
Overseas itineraries are inclusive of activity holiday insurance for your protection, and may not be removed from the itinerary.
If you decide not to take out travel insurance suitable for your arrangements independently, you hereby agree to indemnify us against any claim of loss or injury, and you and your group members participate entirely at your own risk.
9.1 If you do not effect insurance cover, Redseven may cancel your participation at our discretion and no refunds will be due. If we decide not to cancel your reservation, it is on the agreed basis that we shall not be liable for your participation in the itinerary and you participate entirely at your own risk.
9.2 Certain activity providers may insist you sign an insurance indemnity and waiver form; therefore you participate at your own risk, and we shall not be liable for your participation.
9.3 Participation in activities that are not booked as part of the itinerary or have been booked independently of the reservation will not be the responsibility of Redseven and we shall not be liable in any way.
9.4 You accept and agree to indemnify us and our suppliers of any claim for injury, death or failure when participation of the booked itinerary is conducted whilst under the influence of medication, drugs, alcohol or any other substance, or against advice.
9.5 Participation within the booked itinerary is at the sole discretion of the service providers and you may be refused participation or entry if the service provider deems group member(s) to be under the influence of medication, drugs, alcohol or any other substance and if this occurs, the service providers’ decision is final and we accept no liability whatsoever and you agree to indemnify us of any claim.
10. TRAVEL DOCUMENTS
Travel documents will be downloadable from the dedicated area of our website within 48 hours after the balance is paid in full. It is the Group Leader’s responsibility to download and print the documents. Once issued, it is your responsibility to read fully the contents of the documents and notify us immediately if you have any queries. We cannot accept liability for any omissions or errors if we have not been notified within 7 days of making the documents available to you, whether you have downloaded them or not.
11. PASSPORTS, VISA AND VACCINATIONS
It is the responsibility of group members to ensure they hold the correct documentation, be in possession of a valid passport with suitable time until expiry to enter the chosen country, visa permits, inoculations and preventative medicines as may be required. Information about these is given in good faith but without responsibility on the part of Redseven.
11.1 You must provide or enter online passenger names in full exactly as they appear in your passports. Do not use nicknames e.g. "Jim" instead of "James" etc. Failure to enter names correctly may mean you are refused permission to board the plane or participate in the itinerary.
11.2 We accept no responsibility or liability if you or your group members are refused boarding an airplane for any reason or at the discretion of the airline or their representatives or any other third party or authority.
11.3 The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements on with the embassy or consulate of the country(ies) to or through which you are intending to travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
11.4 The British Foreign & Commonwealth Office (www.fco.gov.uk) issues Travel Advisory Notices giving advice regarding travel, which you should consult. If the FCO advises against all travel to your destination we will have to cancel your holiday. If the FCO advises against non-essential travel to your destination you may decide to cancel your holiday, in which case our normal cancellation conditions will apply. You are recommended to obtain a copy of the leaflet “Health Advice for Travellers” published by the Department of Health which is available from most post offices or by telephoning: 0800 555 777, prior to travel.
12. YOUR RESPONSIBILITY
12.1 Reasonable Behaviour
The best policy is to enjoy your arrangements without causing distress, annoyance or damage to third parties. Travelling in a group may require some compromise to accommodate the different desires and abilities of group members and other groups and third parties. By booking with Redseven, the Group Leader agrees to accept responsibility for each of your group members and the group undertakes to conduct itself in a manner conducive to positive dynamics. If you or a group member act in a manner that threatens or disrupts the safety or enjoyment of others and third parties, we or our suppliers or representatives or agents may, at our discretion cancel your reservation without notice and from immediate effect. You may be required to vacate accommodation without notice. No refunds will be given.
12.1.1 You must adhere to any on site conditions of use and/or instructions given by suppliers of or representatives of Redseven and a breach may result in immediate cancellation of all or part of the reservation without notice and no refund will be due.
12.1.2 In the case of overnight stays you must deposit with the hotel management a valid credit card authority or cash bond facility to cover extra costs or breakages or damage attributable to your group, and you may be refused entry to the accommodation without it and no refund will be due.
12.1.3 Some properties may impose a behaviour bond in the form of cash. We recommend you gain a receipt if this is the case.
12.1.4 At the sole discretion of the accommodation management; you may not be permitted to stay at the accommodation if you do not deposit the required bond, and no refund will be due.
12.1.5 We are not responsible for the handling of security deposits or behaviour bond and any transaction is limited between you and the accommodation provider.
12.1.6 We are not responsible for any details included in the communications between you and your group through our online group section on our website. You will (and agree to procure that others within your group will) only use our online group section on our website for the purposes of discussing matters connected to your booking and will not use the online group section for any other purpose, or to make any comments which may be defamatory, obscene, blasphemous, derogatory or contrary to any other laws, rules and/or regulations. If we become aware of any use of the online group section on our website in contravention of these Booking Conditions, then we may suspend or terminate your (and your group’s) access to the online group section on our website.
You must notify us of any medical conditions of any group member that may affect their participation. At the discretion of ourselves or our representatives, suppliers or agents who determine that you or a group member(s) are not fit to participate in any part of the itinerary due to poor, inadequate or deteriorating health and fitness or excessive alcohol, drug or other substance consumption, that part of the itinerary will be cancelled and no refunds will be due.
Although the quality of our arrangements is high, sometimes things may go wrong. Should you have a complaint about any aspect of your travel arrangements, please ensure you raise the issue immediately and in a polite fashion to the supplier concerned. Any issue should be resolved at that time. If the problem is not solved to a reasonable and satisfactory solution, you must forward your complaint with supporting evidence to us within 7 days of returning from your travel arrangements. We will then investigate on your behalf. Failure to raise issues with us within this time frame will adversely affect our ability to investigate with the aim to resolve any issues. We are not able to investigate problems unless they have been raised directly with the service provider at the time. We aim to reply initially to your complaint within 28 days.
12.4 Satisfaction Guarantee
It is important that if you, or any member of the group, are dissatisfied with any part of the services provided under this contract (excluding flights, transfer or transport arrangements), that this is raised with the supplier of those services at the time for the supplier to seek to rectify the issue. If after seeking redress from the supplier directly at the time the supplier does not remedy the issue to your reasonable satisfaction and the affected individual provides us with written evidence of the issue (including, but not limited to, details of who the affected individual spoke to and what was said to the supplier, as well as what was done to seek to redress the issue at the time), we will refund to the affected individual within the group for the part of the services which they are dissatisfied (and not the entire price of their arrangements) by issuing to the affected individual a Redseven Giftcard for that sum, together with issuing an individual Redseven Giftcard with the same sum to each member of the group who are affected by the same issue (on the production of relevant evidence for those additional affected individuals in the same manner as for the initial affected individual). The Redseven Giftcard can then be redeemed against all Redseven service (details of which we will send to the affected individual(s)) and the Giftcard must be redeemed within 12 months from the date of issue. The Redseven Giftcard can be redeemed online for payment of Redseven services and the value can be topped up with cash in order to purchase services of a greater value than the face value of the Giftcard.
12.5 Travel Advice
You understand, and accept, that the standards of conditions and services in the destinations, countries or regions to be visited on one of our booked itineraries, including, but not limited to, medical facilities, accommodation, transportation and communications, may possibly be lower than those you would expect at home. You acknowledge that this can increase your personal risk and you accept this risk. We shall not be liable for any loss of enjoyment or expectations you may have in respect of your proposed travel arrangements and/or destinations.
12.6 Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any such excursion or tour that you book, your contract will be with the supplier of the excursion or tour and not with us. We are not responsible for the provision of such excursion or tour or for anything that happens during the course of its provision by the supplier.
12.7 Age restrictions
The Group Leader and all group members must be 18 years old or over and the Group Leader warrants that all group members are over 18 years of age in accordance with Clause 1 of these Booking Conditions. Please note that some venues which a group may wish to enter during their holiday operate with own age restriction policy, meaning that some venues may require those entering the venue to be over 21 years of age. We are not responsible in any way if group members are under 18 years of age, or any age applied by a venue under its own age restriction policy, or if any group member is refused entry to a venue due to unsatisfactory evidence of a group member’s age, or for any other reason.
13. OUR RESPONSIBILITIES
13.1 Should services booked not be provided we will pay no refund or compensation if there has been no fault on the part of Redseven or its suppliers and the reason for the failure in the arrangements was the clients fault, the actions of a third party unconnected with the arrangements or could not have been foreseen or avoided by Redseven or its suppliers even if all due care had been exercised.
13.2 Our Liability to you
If the contract we have with you is not performed or is improperly performed by our suppliers or us, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to:
(i) you, or a third party unconnected with the provision of the travel arrangements, and where the failure is unforeseeable or unavoidable; or
(ii) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iii) an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
Under EU law you have rights in some circumstances to refunds and/or compensation from your 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. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in Clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 (www.auc.org.uk).
13.3 Where the client suffers death or personal injury as a result of an activity forming a part of itinerary arrangements booked with Redseven, we do not accept liability if there is no fault of Redseven’s or our suppliers part or the cause was the clients fault, the actions of a third party unconnected with the arrangements or could not have been foreseen or avoided by Redseven or our suppliers, representatives or agents even if all due care had been exercised.
In preparing the details of any facilities to be presented in our brochures, publicity material, websites and other forms of communication to display our products and services we have relied upon information provided by our suppliers. All photographic and pictorial references are purely representative of the facilities and products and will be accepted as such. Whilst we believe any representations to be true we cannot accept liability for any false representation or breach of implied warranties of any kind as to the facilities on offer and we shall not accept liability for any loss arising from any cause save to the extent that we have been in breach of these Booking Conditions. In any event our liability will be limited to the amount of the total cost of the reservation. However, this does not exclude or limit any liability we may have in respect of any representations made fraudulently.
15. YOUR FINANCIAL SECURITY
15.1 If you are booking an air inclusive holiday, then the Package Travel, Package Holidays and Package Tour Regulations 1992 (“PTRs”) require us to provide security for the monies that you pay for the package holidays booked from with us (if you have not yet travelled) and for your repatriation (if you are already abroad) in the unlikely event of our insolvency. This security is provided by way of ATOL protection by the Civil Aviation Authority (“CAA”). Our ATOL number is 3802. The price of your air inclusive holiday includes the amount payable to the CAA as part of the ATOL Protection Contribution (APC) scheme. ATOL protection does not apply to all holiday and travel services shown - please ask us to confirm what protection may apply to your booking at the time you are making your booking. When you buy an ATOL protected air inclusive holiday, we will send to you a confirmation invoice (either directly from us or through your travel agent) confirming your arrangements and your protection under our ATOL. ATOL protection is for the price of your air package holiday only and does not cover any credit card fees, amendment fees and/or insurance premiums.
15.2 We are a Member of ABTA, membership number L8592 & Y3181. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation
16.1 This is the sole contractual agreement between you and us and may not be varied save by legislative enforcement or major occurrences that are beyond our control, and any amendments, updates or variations to this contract shall be confirmed in writing to you by a Director of Redseven.
17. GOVERNING LAW AND JURISDICTION
This contract is governed by English Law and both parties shall be subject to the jurisdiction of the English Courts.