Tour Operator Terms & Conditions

Definition of Terms:

"We/us" means Your Endless Travel Ltd
 
"Event" means any holiday, accommodation, activity or function organised or advertised by us.
 
"You" means the person who has confirmed the booking and includes all the people on whose behalf you have signed.
 
"Supplier" means the company or person that is holding or providing the event or any part of it.
 
"Price" means the total cost of the event.
 
Introduction:

This is the user agreement between us, Your Endless Travel, 3rd Floor, Broadway House, Broad Street, Hereford, HR4 9AR (Company number 12640459), and you and will govern your use of our website yourendless.travel and any bookings you make with us.

Please take time to read these terms and conditions. If you have any queries please contact us and we will be able to answer any questions that you have.

1. Operating Model

Your Endless Travel operates both as a travel agent and a tour operator. We will disclose to you during the booking/confirmation process whether we are acting as tour operator/principal (these T&Cs) or travel agent (T&Cs found at https://www.yourendless.travel/travel-agent-terms-and-conditions). For more information on the difference between a travel agent and a tour operator, please read the information HERE.

Travel Agent

If your holiday is booked with Your Endless Travel acting as your ‘travel agent’, this means that we are acting as a disclosed representative for third-party suppliers, such as tour operators or hotels. What this means is that a contract for holidays, flights or other travel-related products (“Travel Products”) is between you and the third-party supplier. In most cases this will mean that there are differing or additional terms and conditions governing the contract, as each supplier will have terms and conditions relating to that product. Please contact us, and we will be able to supply these terms and conditions to you, where we have not already done so. These terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and the company director.

Tour Operator

If your holiday is booked with Your Endless Travel acting as your ‘tour operator’, this means that we are acting as your principal supplier, with responsibility for packaging and delivering your event. Your contract will be governed by English law, and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes. Our obligations to you will vary depending upon whether you have booked with us is a package holiday (“Package”) as defined by the Package Travel and Linked Travel Arrangements Regulations 2018 (“the PTRs”), or a single element.

Single Element Booking

If we have only booked one element of travel (for example just a flight or just a hotel) then this will not be a package holiday. We will be acting as a booking agent for the supplier concerned, and accept no liability for the provision of the product/service involved. In these circumstances, your contract will be with the ultimate supplier of the arrangements in question (such as the hotel or airline) and the terms and conditions of that supplier will apply to your booking.

Package Holiday Booking

Where we have booked a prearranged combination of at least two from the following (a) transport (b) accommodation, (c) other tourist services accounting for a significant proportion of the package and which are not ancillary to transport or accommodation then this will be providing a packaged holiday for You and the rest of these Booking Conditions will apply.

Changes to these Booking Conditions will only be valid if agreed by one of our directors in writing.

2. Formation of Contract
No contract shall arise between you and us until we have received the deposit payable and we have sent to you written confirmation (This can be in the form of an email) of our acceptance of your booking.
 
‘Lead Name/Passenger’
The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies Your Endless Travel against any loss from any individual within your group failing to pay promptly. The lead name of the group is responsible for ensuring that all group members are aware they are bound by our terms and conditions. The lead name is also responsible for the completion of the online guest list on behalf of all persons on the booking. It is understood that those booking via email or telephone agree to, and accept our terms and conditions. Please note that telephone calls may be recorded for training and monitoring purposes.

'Booking if you are under 18yrs of age'

It is a condition of Your Endless Travel accepting your booking that the person who makes it is at least 18 years of age. We are entitled to assume that this is the case. Under no circumstances can we accept bookings from anyone who is under 18 years of age.

Please call our reservation number for more information.
 

'UK National Residency'

It should be noted that any booking made or prices offered from us are offered to you on the basis and belief that you are a UK National resident. We cannot be held responsible for increased rates imposed on you whilst in resort by the supplier(s) if you are not a UK National resident and a UK passport holder. You may be liable upon check in/check-out for additional charges imposed by the supplier directly. For the avoidance of doubt, each accommodation unit we feature may have differing rates for nationals of different countries and you may be liable upon check-in/check-out for additional charges. We reserve the right to cancel any reservation not meeting this condition.

3. Payment & Deposits
Deposits are payable at the time of booking and the balance of payments are split into the following phases:

• Deposit: 20% Deposit plus the cost of any items that are due to be paid in full at the time of booking.
• Final Balance: 12 Weeks prior to departure, unless otherwise stated at the time of booking.
• Penalties: Failure to pay by these dates will result in either a £10.00 per person per day late payment charge or liable for your event to be cancelled.
• Note: Deposits are non-refundable and non-transferable

Deposits are non-refundable and used by us to enter into contractual arrangements on your behalf. Payments can be made with a valid Credit or Debit Card or by online bank transfer to Your Endless Travel. Upon receipt, we will endeavour to place the booking for you at the same price, although this cannot be guaranteed as all packages are subject to availability. We will, however, notify you should there be any difference in price.

4. Financial Protection
Your Endless Travel is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel and Linked Travel Arrangements Regulations 2018'' all passengers booking with Your Endless Travel are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. Your money is fully protected and is held within an independent Trust Account, managed by Protected Trust Services Ltd (PTS) of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants - Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD. Our PTS membership number is 6184.

For flight-based holidays packaged by Your Endless Travel your package will be covered by Air Travel Organiser’s Licence number 12652 issued by the CAA of 45-59 Kingsway London WC2B 6TE - www.caa.co.uk.

When you buy an ATOL protected flight or flight inclusive holiday from Your Endless Travel you will receive an ATOL Certificate. This catalogues what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative).

In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (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 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.

5. Travel Insurance

We consider adequate travel insurance to be essential. We strongly recommend that you take out insurance cover which can cover cancellations by you and assistance in the event of accident or illness. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We suggest that you do this now rather than waiting until departure as policies can often cover cancellation charges.

6. Cancellation by Us

We reserve the right to cancel your booking at any time. We will aim not to cancel less than 6 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Examples of unavoidable and extraordinary circumstances and why we may cancel are (but not limited to):

-       For safety reasons, if our supplier(s) or we regard adverse weather conditions or other safety concerns as unacceptable and that cannot reasonably be overcome;

-       If we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our suppliers or to property belonging to our suppliers;

-       If a supplier or suppliers are unable to host the event for any reason;

-       If changes you wish to make to the booking mean it is uneconomical or impractical to hold the event.

If we cancel your holiday, you can either receive a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

7. If We Change Your Booking

(a) Changes to the price: We reserve the right to change your holiday price after you have booked, only in certain circumstances. Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.

(b) Changes other than the price: It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, change of accommodation to another of the same or higher standard, and changes of carriers. If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

1.     We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value).

2.     We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled. You may also decide to cancel and rebook a new holiday and we will transfer the payment to the new booking.

8. Cancellation by You

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):

Period before departure in which you notify us cancellation charge.

• More than 60 days - Loss of deposit
• 30-60 days - 75% of the total holiday cost*
• 15-29 days - 90% of the total holiday cost*
• 14 days or less -100% of the total holiday cost

*Where the deposit value is higher than the percentage listed here - the cancellation charge will be your deposit value.

If a low deposit has been collected at the booking stage the balance of the full deposit will become due.

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

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign, Commonwealth & Development Office.

9. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, you must contact the travel agent you booked with immediately. We will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking (‘Lead Name/Passenger’). You will be asked to pay an administration charge of £50 per booking per change, and any further cost we incur in making this alteration. You should be aware that these costs could increase closer to the departure date that changes are made, and you should contact us as soon as possible.

Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

10. Failure to Provide an Event
If, due to reasons beyond our control, an event is unable to take place due to (but without limitation); closure of premises, the ceases of trading, a change in supplier management, weather restrictions, we will provide you and your group with an alternative event and if this is does not prove possible, a refund to you of the cost to us of the event.
 

11. Optional Extras and Meals
Optional extras are not always included in any of the Package Holidays we advertise or sell, unless otherwise stated. For example, checked baggage, meals, refreshments, extra legroom, priority boarding, and pre-allocated seating may need to be added at extra cost at the time of booking or will be payable at the airport or onboard the aircraft.

(a) Airline extras: In many cases optional extras will be limited and are at the discretion of the airline concerned. Please enquire at the time of booking for details of optional extras. You are able to add hold luggage to your booking up to 5 days prior to departure. It is your responsibility to ensure you have sufficient baggage allowance. Please be aware that hold baggage weight restrictions may also vary between the supplier(s) we feature. Unfortunately, it is also not uncommon for restrictions regarding purchase of luggage being on a “none or all” basis on the flights we sell. Currently, hand luggage is generally free of charge (ranging from 5kgs to unlimited per person, as per the individual airline’s guidelines on weight and dimensions). However, in line with the majority of UK airlines, hold luggage charges vary depending on flight distance, airline, size and weight. It should be noted that airlines also place compulsory “admin fees” or “check-in charges” relating to luggage charges/changes. For the avoidance of doubt, it will not follow that a direct airline’s price or policy of charging for luggage, admin fees or check-in charges will be reciprocated by us and additional administration charges may apply. Please note, luggage charges may be considerably more when paying at check-in and our advice is to pre-book any hold luggage you require prior to departure. All luggage charges are subject to change at any time.

(b) Meal Extras: Meals are not included with accommodation bookings unless otherwise stated. With included meals, the type of breakfast you will receive will be confirmed upon arrival at your accommodation (this may be hot or cold, regardless of your quotation). Restaurant meals may require a pre-order to be completed by the lead name of the group. This should be completed and returned to us, or the venue as required. If a pre-order has not been completed, we accept no liability for meals not provided or delays in providing the meals for you. You will not automatically be sent any menus and menus may be of limited choice from a set-menu for groups. We will endeavour to meet any specialist dietary requests for any member of your group, but cannot guarantee these requests. We accept no liability if our suppliers are unable to meet these requests in advance, or once at the venue. If your group arrives late then we accept no liability.
 

12. Excursions

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 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.

13. Our Obligations
We shall take reasonable care and skill in arranging the event and comply with all applicable laws in relation to it. Wherever possible, we will reschedule the event instead of cancelling it or offer a refund to you of the cost to us of the event. All of the photographs and illustrations we use on our website and in literature (including quotations) we send you are for marketing purposes and may not entirely represent the actual products received.

14. Your Obligations
You shall at all times behave in a safe, responsible and courteous manner; comply with all instructions, regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the event. If you breach these obligations we may cancel or curtail the event or any part of it and in those circumstances you shall not be entitled to any refund. You shall take out insurance suitable for your needs (including delays for events involving travel by land, sea, or air) before the event.

It is your responsibility to arrive in good time to board all flights or other transportation methods. If you miss a flight or other transportation we will try to arrange alternative transportation but reserve the right to recover from you any costs we incur. If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met, and we will have no liability to you if they are not.

Adequate travel insurance is vital and you should be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident of illness.

We are not a specialist limited mobility holiday company, but we will do our utmost to cater for any special requests. If you or any member of your party has any medical problem or disability which may affect your arrangements, please provide us with full details by calling our helpdesk before booking so that we can try to advise you on the suitability of your chosen arrangements. It is your responsibility to provide full and accurate details on any special assistance you may require. We may ask you to produce a doctor ͛s certificate certifying that you are fit to participate in your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs 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.

15. Passport, Visa and Immigration Requirements

It is your responsibility to check and fulfil passport, visa, health and immigration requirements before departure. We can only provide general information about these, and provide direct links to government-issued documentation. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation, or you fail to comply with all applicable health requirements or indeed if you have not checked prior to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalties being imposed on us, you will be responsible for reimbursing us accordingly.

FCO/Government: www.gov.uk/foreign-travel-advice

16. Health & Safety Abroad

You must appreciate from media coverage that the political, economic, and social conditions in a number of the countries we feature are not as stable as we would hope for. Sadly, crimes against both people and their property are a fact of life the world over. When in a foreign country it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment, etc. Travellers have the same responsibility for their personal safety and their possessions as they do at home.

We operate to many parts of the world, which do not and are not required to comply with British health & safety standards and therefore urge that you undertake reasonable precautions to protect yourself and those travelling with you whilst on holiday. We recommend that you check out the Foreign and Commonwealth Office website at www.fco.gov.uk/knowbeforeyougo where you will find essential travel advice and information. This website offers a wealth of country specific information that only the FCDO can provide.

17. Force Majeure

Except where otherwise expressly stated in these booking conditions neither we nor any Supplier/Principal will be liable or pay you compensation if our obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our 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 threats thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain 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 and the Suppliers would treat any such changes as Force Majeure, and whilst, where you have booked a Package Holiday with us, we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

18. Excursions

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 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.

19. Customer Feedback
If you have a problem whilst on your booking then you must contact the appropriate person(s) at the earliest opportunity, for example accommodation/restaurant manager. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction then you must write to us within 7 days of the conclusion of the event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within 5 working days and endeavour to deal with the complaint as quickly as possible.
 
20. Contracts (Rights of Third Parties) Act 1999
No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
 
21. Jurisdiction
This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
 
22. Changes to these Terms and Conditions
We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.