***** COROVAVIRUS PANDEMIC TERMS & CONDITIONS AS OF 01/07/2020 *****
In the event that you or your trip is impacted by the virus:
- We would offer the option of postponing your trip or offering credit
- You would have 1 year from your original departure date to re-book your postponed trip or spend your credit
- You would have 2 years from the original departure date to travel
- If you can't postpone your trip then we would offer you a full refund
We are Untravelled Paths, a limited company incorporated in England trading as Untravelled Paths (company number 06667707) whose registered office is at 3 Vine Road, The Gables, London, SW13 0NE, United Kingdom. We are a specialist tour operating company. Our business operates out of the United Kingdom (UK) and is directed exclusively towards UK customers. Our services are as advertised.
Application of T&Cs
These terms and conditions, together with any further terms and conditions notified to you by us prior to your entering into a contract with us, including any terms and conditions in our brochures or on our website which are relevant to your booking and any other terms which we both otherwise agree will be binding on Untravelled Paths and you once a contract is made between us. A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate, for example where you are booking additional activities) and we have issued you with our booking confirmation. You should note in particular the content of paragraph 5: ‘our liability to you’, which contains certain limitations and exclusions. If any part of our terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
The contract between us will be governed by English Law and any dispute will be resolved exclusively by the English courts. These terms do not affect your statutory rights.
We observe the requirements of the Data Protection Act 1998 (the Act) in respect of all personal data held by us at any time. We will not use any personal data relating to you which we hold at any time for any purpose other than in connection with your booking. We will not pass on such data to third parties save where this is necessary in connection with the performance by us of our contract with you or as otherwise authorised by you. We may use such data to notify you of our services, offers and promotions from time to time. If you do not wish us to notify you please tick the appropriate box on our Enquiry Form for each experience. If you wish to find out more about the personal data we hold relating to you or have any query about data protection, please email us on email@example.com.
Website, Brochure & Booklet Content
We take reasonable care to ensure the accuracy of the information contained in our brochures, our booklets and on our website. However, content is subject to change, often due to the actions of our suppliers (eg. hotels, activity providers, transport companies etc). We will endeavour to notify you of any change known to us and affecting your holiday prior to issuing you with our booking confirmation and after that, as soon as we are notified by our suppliers. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.
An ‘experience is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation: (a) transport; (b) accommodation; (c) other services not ancillary to transport or accommodation and a significant part of the booking. Where the arrangements which you make with us for your holiday do not amount to an ‘experience (as defined above) our obligation is limited to using reasonable skill and care in selecting a suitable supplier for the component you have booked e.g. accommodation and your contract will be with the supplier and not us, who will act as an agent.
All trips are subject to availability. When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions.
All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘booking name’. The booking name will be responsible for making all payments due to us in accordance with our contract. Completion and submission by you of our Enquiry Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions. It is important that you accurately complete our enquiry form as all documents, notices and other information relating to your holiday will be sent to this email address. It is your responsibility to ensure that the details which you supply to us are correct.
In order to reserve your trip, a 35% deposit will need to be paid to Untravelled Paths. It is your responsibility to check the accuracy of your booking and travel dates.
You will be notified at the time of booking of the price of your holiday. You will be required at the time of booking to pay us a non-refundable deposit, typically 35% of the quoted trip price, and the full price of a booking should be made at least 8 weeks prior to departure. Unless you are making a late booking, the balance owing must be paid to us no later than 8 weeks before your date of departure. If we do not receive the balance by this time then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges.
The prices quoted in our brochures, on our website or in our publicity and promotions from time to time are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in GBP £ Sterling on the website but may be quoted in local currency on our booklets. All payments prior to your trip will be quoted and received in GBP £ Sterling however all activities and extras during your trip will be quoted and received in local currency.
We guarantee the price of your trip stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel), dues, taxes, landing taxes or embarkation or disembarkation fees at ports and airports or fluctuations in the exchange rate. We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your holiday.
(b) Other holiday arrangements
We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us on your behalf:
• Local transfers/transportation
• Accommodation, meals
• The services of a representative, tour guide or an appointed local agent
• Child discounts
Our holiday price does not normally include:
• Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, fuel and extras for car hire
• Taxes or compulsory charges introduced by Governments, regulatory bodies or airlines after you have booked
• Security charges introduced or increased after you have booked relating to transportation costs
• Holiday insurance
The price payable by you for your trip and what this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.
(c) Group bookings and discounts
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.
3. Changes You Make
Where you are or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing a reasonable time prior to your due date of departure.
(b) Other Changes
If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. On some occasions, if members of a group booking withdraw, there are fixed costs which mean the remaining travelling party must pay more per person. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the booking name before we can make the change.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the booking name to do so. If your booking was made through an external agent, all changes and cancellations must be made through them (they may also levy cancellation charges in addition to those noted below, and it is your responsibility to check with them at the time of your booking).
Our cancellation charges will apply. These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your trip in the event of cancellation by you. We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all. We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday.
Any package you have booked through a deal website such as GroupOn or Wowcher is non-refundable once the deal has been validated. It is your responsibility to check the Terms & Conditions of the third-party you have booked through.
If you cancel your trip more than 8 weeks in advance, we will refund you the 65% of your payment. As previously stated, the 35% deposit is non-refundable. If you have not paid the full balance for your trip and have cancelled 8 weeks in advance then we will not take any further payment. Subject to availability there may be the possibility of transferring your booking to another date. However in so doing you would incur a transfer charge of £25 per person.
If you cancel your trip up to and including 8 weeks before the start date, you will not be refunded the full payment. If you have yet to pay the 65% outstanding balance you will still be charged. In some circumstances we can defer your booking to another time. These decisions are made on a case by case basis and require you to let us know as soon as possible.
4. Changes/Cancellations We Make
We will take reasonable care to deliver the trip that we are contracted to provide to you. As we put in place the arrangements necessary to enable us to offer our range of trips many months in advance, we may occasionally have to make changes and reserve the right to do so at any time.
We may make some minor changes to your trip from time to time. These are not considered to be major changes and thus we are not obligated to compensate you. Minor changes include varying or modifying your travel itinerary either in part or wholly, changing the type of transport or transfer vehicle and/or swapping your accommodation. If this is necessary, we will substitute alternative arrangements of comparable value or even provide a full or partial refund at our discretion. We will try to inform you of any changes we have to make as soon as reasonably possible prior to your due departure date although we are not obliged to do so.
If we have to make a major change to your trip we will notify you as soon as possible and you will have one of the following options:
• to agree the changes and accept their impact (including any on price)
• to transfer to another holiday offered by us (subject to availability) of equivalent or superior quality
• to transfer to another holiday offered by us (subject to availability) of lower quality and receive a refund for any difference in price
• to cancel your holiday and receive a refund of all monies paid by you to us (including all deposits and administration charges)
If we have to make a major change or cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will additionally pay to you the following sum by way of compensation:
Number of days before due date of departure that notification of a major change or cancellation by us is received. Compensation payable by us (per person named in our booking confirmation or transfer accepted by us):
59 – 43 days £10
42 – 29 days £25
28 – 15 days £45
14 – 8 days £60
7 – 0 days £75
We will try to tell you of any changes as soon as possible prior to your due departure date, although we are not obliged to do so. We are not obliged to compensate you. However, in the event that we are forced to cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will refund to you the full price paid by you for your holiday.
Extreme Circumstances & Weather
We will not pay compensation or accept any liability where any change is due to circumstances outside of our reasonable control, including (without limitation) any strikes, lock-outs or other industrial action; labour disputes; acts of God; war; riot; civil commotion; malicious damage; compliance with any law or governmental order, rule regulation or direction; impossibility of the use of any means of public or private transport or any action of any government or regulatory body; accident; break-down of plant and machinery; fire; flood or storm; other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation; flight delays; other matters affecting air traffic control (including failure of equipment, systems and software); siege; acts of terrorism; police or security alerts or precautionary measures taken.
Under no circumstances can we be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any trip be cancelled or amended by you at any time on the basis of weather conditions.
We cannot be held responsible for any changes to organic accommodations, such as the Hotel of Ice, which may result in the closure of the hotel. In events that are out of our control that may impact the way we are running trips, such as the 2010 Volcano Ash Cloud or 2020 Coronavirus pandemic, we will try where possible to find suitable alternatives or can defer your trip to another date in the future.
5. Our Responsibilities
(a) We will take reasonable skill and care in performing our contractual obligations and if we or suppliers fail to use reasonable skill and care or are negligent and you are able to prove we have caused you loss or damage, we may, subject to these Terms & Conditions, accept responsibility for compensating you.
(b) If you feel that any part of your holiday arrangements is not provided as promised, you must, as soon as possible, notify our supplier and either our appointed local representative (where one is appointed) or ourselves (where a local representative is not appointed) as soon as possible. You must provide us with details in writing at the earliest opportunity.
(c) Where, as a result of our failure to properly perform our obligations, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on a trip through us we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you and may pay you an amount in compensation. Where, as a result of our improper performance, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide and suitable alternative arrangements are not available or are unacceptable to you for good reasons then (where appropriate) we will make arrangements for you (and where other members of your party are affected, those members of your party) to return to your place of departure at no extra cost to you. In all other cases (i.e. where we have not failed to provide you with a significant proportion of the services which you have contracted with us to provide) our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.
(d) Our liability in all cases shall be limited to a maximum of 2x the total cost of your holiday (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties, external agents or deal website with whom you may have made any bookings or arrangements direct.
(e) None of the provisions of this paragraph shall have the affect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your trip directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, agents or suppliers whilst acting within our authority or instructions in the performance of our contractual obligations to you. We do not accept any responsibility for death, injury or illness caused by any act or omission whether of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct or any cause which we could not reasonably prevent.
(f) We are not liable to you where our failure or the improper performance of any of our obligations to you is due to:
• any fault or failure of you or of any member of your party
• any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable
• circumstances beyond our or beyond our suppliers’ reasonable control although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party
(g) You should note that any acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances by any of our suppliers or pursuant to a policy of insurance.
(h) Our suppliers and our local representatives are instructed not to act as our agents in booking any alternative activities other than those approved and offered by us and which you have purchased directly from us. Any assistance they may offer at your request in relation to such activities does not imply they have acted as our agent or with our authority or approval. We are not responsible for such activities and have no liability to you in respect of any of them.
(i) If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.
6. Your Responsibilities
(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports and all necessary visas, permits and certificates, as well as any vaccinations. Some countries require your passport to have two blank pages for a visa stamp. As a result if you are travelling in more than one country that requires this you will need to have more blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport. Please ask us for clarification. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel. We are not liable for any costs, delays or illness resulting from your failure to meet requirements.
(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time.
(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of the trip if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out. We cannot accept liability for the behaviour of others on your trip nor if any of the facilities or activities are curtailed as a result of their actions.
(d) You are responsible for meeting your group representative at the allotted time and place. Due to the nature of our experiences and the destinations we operate in, we cannot be held liable if our transport or activities do not run according to plan and your trip is affected. If you are late for a pick-up we have the right to leave without you or your party and will not be held accountable.
(e) You are responsible for checking the times and dates on your itinerary, particularly your incoming and outgoing flight details. While we make every effort to ensure these details are recorded correctly, we do not accept liability for any errors resulting in you or your party missing your flights.
(f) Despite our best endeavours to ensure your trip runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the accommodation you are staying at, then please contact (where applicable) our local representatives. If they cannot be reached, please contact our office (020 7101 4061). Please remember that we will be unable to help if you only mention the issue on your return from your trip. If you have a medical emergency, you must notify your travel insurance providers.
(g) Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our best to ensure that the trip goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.
(h) Our on-the-ground representatives and guides may sometimes take photographs and films of you during the trip experience. These may subsequently used in our advertising or marketing materials, used on the website, the blog or across our social media platforms. If you do not consent us to use such materials, it is your responsibility to inform us in writing prior to the start of your trip.
(i) At the end of your trip you will be asked to fill out our digital customer feedback forms and may be contacted via email with a request for a testimonial or comment. Your comments may be added to our website, our advertising and promotional materials, or across our social media networks. If you do not consent us to use such materials, it is your responsibility to inform us in writing prior to the start of your trip. We will not use your surnames when referencing your comments.
If you have a problem during your trip, please immediately inform the relevant supplier whose service is involved (e.g. your hotel) and our local representative (or if none, Untravelled Paths), who will endeavour to put things right. It is unreasonable and in breach of your contractual obligations to us to take no action whilst on your trip, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to Untravelled Paths in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
Untravelled Paths does not offer insurance cover as part of our experiences. You must be fully insured for your trip and must make sure that all of the activities that you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your trip, emergency evacuation and repatriation costs in respect of all of your activities as well as medical expenses, accidents and the safety of your luggage on our transport. Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption. This can be taken out as an add-on to some travel insurance policies or as stand-alone cover.
We recommend using True Traveller as they would allow you to tailor your insurance cover as you see fit and ensure you are fully covered on your trip.
In the unlikely event of our financial failure, you would either travel as planned or receive a full refund from the insurer providing your bonding for the trip. Upon booking you will be issued with the insurance paperwork.
Our Terms & Conditions are updated from time to time. The terms and conditions which will apply to your holiday are those on our website at the time of booking. There may be additional terms and conditions that apply to our special offers, promotions and discounts from time to time. These will be notified to you at the time of booking should you inform us that you would like to take advantage of them.
A copy of our latest terms and conditions can be viewed on our website www.untravelledpaths.com where you can print off a copy for your records. By proceeding with any booking, you confirm you have read and agreed to our Terms & Conditions.