This document, together with the General Booking Form sets out the terms on which you contract with us. Please read the following information carefully before booking your holiday, as they constitute our respective rights and obligations. Your contract with us and all matters arising from it are governed by British Law and any disputes will be dealt with in the courts of England and Wales. This Site and its Holiday Services are only available to people who, and parties that may, lawfully enter into and form contracts under UK law. 2. Trips’ beginning and end All trips start and end at the Krakow Airport and you arrange the flight on your own. Upon your request we will help you to make your flight reservation, but your contract will be concluded with Partners Software GmBH, Zum Alten Speicher 11, D-28759 Bremen - flight consolidator (this is agent which will provide you with airline tickets) or with the respective airlines and not with us. We do not take any responsibility for its execution (means to by urself). At the same time it is your obligation to have all necessary documents, such as passport and visa (if you are not UK citizen and you need visa to travel to Poland/Slovakia) required for the journey. If you are not EU citizen, you should contact your Embassy for information and advice on the visa requirements for Poland and Slovakia. Non-EU Citizen passport holders may require visas to enter countries, which are signatories to the Schengen agreement. You are advised to check this information, which are available on the internet at www.fco.gov.uk. 3. Booking and payments with Back to Nature Travel Limited You must be 18 or over on your departure date if you want to travel without an adult accompanying you. If you are 16 or 17 when the booking is made, we will only allow you to travel without an adult if your parent or legal guardian signed the booking form in front of our staff when you booked your holiday. The contract will exist between your parent or guardian and us. We may ask you to send us a photocopy of their passport showing their name and signature. We will not accept signing the contract by a parent or legal guardian unless we can check the signature. If you are under 16 you on your departure date you must be accompanied by an adult of 18 or over. When you book your holiday you agree to pay us whole amount for the trip at the time of booking. Once your holiday booking has been confirmed we will set aside your chosen holiday for you. By doing this, you are accepting the booking on these Terms and conditions and other terms and conditions made available to you, which are stated apply to your holiday. You will be sent a confirmation e-mail clearly defining the details of the holiday you have booked . If any detail related to you on it is not correct, you need to tell Back to Nature Travel by calling +44 7786 3249 30 or on +44 208 741 5541 . 3.1 Booking through our Travel Agents. If you book through a travel agent, any advice given to you by the agent which is based on advice given by us to him is his responsibility. We do not accept liability if incorrect advice is given to you in these circumstances. Even if you book with a travel agent the contract for your holiday is with us and not with him. 3.2 Your commitment to Back to Nature Travel Limited. When you confirm a holiday booking you must tick the box accepting these Terms and conditions and by doing this you are confirming that you understood and have accepted our booking conditions. You are also accepting that the terms of our booking conditions form the basis of any contract between Back to Nature and yourself, which is subject to the English law and the exclusive jurisdiction of the English Courts. 3.3 Price policy All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated. If the increase would be 2% or less of the holiday price originally agreed, we will absorb the changes in our costs. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price, but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £5. 4. Cancellations and changes The following cancellation and change charges apply, unless other charges have been introduced to you at the time of booking. Cancellation is possible only if you cancel a reservation at least 31 days before date of your arrival. Cancellation is always confirmed by an e-mail or telephone within 48 hours. If you do not receive any confirmation of your cancellation, please telephone us on the following number immediately: 0044 7786324930. Changes made 31 days or more before your arrival date are subject to NO penalty. Cancellations made between 21 and 30 days before your arrival date are subject to penalty 40% of the total cost of the holiday. Cancellations made between 8 and 20 before your arrival are subject to 75% of total cost of the holiday. Cancellations or changes made within 7 days or less before your arrival date are subject to penalty of 100% price of the trip. We therefore strongly recommend you take out Insurance that covers you for most eventualities that would require you to cancel your holiday. Where you are unable to travel for genuine reasons you can transfer your booking to another person, however you must notify us in writing at least 4 days before departure and subject to the following: a) the transferee must fulfil any conditions that apply to the booking b) payment by you of administrative charge of £10 per person and all cost which supplying your travel arrangements impose. Both the transferor and transferee are jointly and severally liable for all payments outlined above. Please be informed that it is your responsibility to change the airline ticket as your flight is not included in your package. 5. If we change your booking details We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes (e.g. for the weather reasons). We reserve the right to do this at any time. We will let you know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. 6. Important note – events beyond our control Events beyond our control include but are not limited to: unusual, unforeseeable or unavoidable events beyond our control, the consequences of which could not be avoided even if all due care has been exercised including but not limited to war, threat of war, riot, civil disobedience or strife, government action, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers or floods, closure of roads and may also include industrial dispute involving third parties, technical or maintenance problems or unforeseen operational decisions or any failure in the information technology infrastructure (including but not limited to our website) or failure in internet connections. Except where otherwise expressly stated in these conditions we regret that we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by reason of such events beyond our control. 7. Suppliers’ conditions We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Please note that our third party suppliers have their own terms and conditions and you will be bound by these, as far as the relevant supplier is concerned. Our suppliers’ conditions will also apply to your contract with us and in the event of any conflict between them the suppliers’ conditions will prevail. Some of our suppliers’ conditions may limit or exclude liability on the part of relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier. 8. Our liability We are not liable for any injury, illness, death or consequent losses suffered by you unless you are able to prove that such injury, illness, death or consequent losses was caused by a lack of reasonable care and skill on the part of ourselves or our suppliers. In all claims of whatever nature we will not be liable when the alleged loss or damage results from any of the following: - the fault of the person(s) affected or any member(s) of their party or - the fault of a third party not connected with the provision of your holiday which we could not have predicted and avoided or - an event or circumstances which we or the supplier of the service(s) in question could not have predicted and avoided even after taking all reasonable care or - the fault of anyone who was not carrying out work for us at the time. In addition, we will not be responsible where: - you do not enjoy your holiday or suffer any problems due to something about which you did not tell us when you booked your holiday. We are not responsible for any services which do not form part of our contract. This includes for example any additional services or facilities which your hotel or any other supplier agrees to provide to you when we have not agreed on them or any other actions you undertake for your own. 8a. Standard of services Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs. For claims which do not involve death or personal injury, we accept, and will only have, liability should we or our suppliers fail to satisfy the obligations detailed above. If we have liability we will pay you reasonable compensation (limited to 3 times the value of your holiday) if your enjoyment of the tour is adversely affected. For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have liability should we or our suppliers fail to satisfy the obligations detailed above. If we have liability, we will pay you reasonable compensation. Other than a set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday. 8 b. Independent arrangements/excursions Any arrangements you make independently which do not form part of the tour are entirely at your own risk. Where you book any excursions or additional travel arrangements while on your holiday, we act only as your booking agent 9. Your behaviour We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or affects other travellers or is threatening or abusive towards our staff or agents or suppliers, on the telephone, in writing or in person. If any of our staff or suppliers or competent authority believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements or restrict your movements. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour. Full cancellation charges will apply. 10. Travel Insurance You must take out your holiday insurance suitable for your needs. We will not be responsible for any costs you incur as a result of failing to do so. Upon your request we will help you to find the appropriate insurance but your contract will be concluded with the respective Insurance company. We do not take any responsibility for execution of that contract. 11. Hazardous activities If you choose to participate in any of the various sports/activities (such as skiing, snowboarding, snowdoo or quadoo etc.), please note that most of these are classified as hazardous activities and you undertake that at your own risk. They are usually not covered by standard holiday insurance so you must make sure you have the additional insurance in this respect. Once you have signed any declaration you have been provided with by us or our supplier with respect to the risk connected to such activities, you take full responsibility for the occurrences that may result from your participation therein. 12. Special attractions If you choose to participate in the special attractions such as salt mine’s visiting or using swimming pools, you guarantee that you do not suffer of any diseases (e.g. claustrophobia, high blood pressure) that would endanger you or any member of your party and that your overall health conditions allow you to benefit from such participation. In such cases you are obliged to obey any and all security restrictions implied in such places. 13. If you have a complaint If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by telephone/fax/email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to us at the address given website, within 28 days of returning from your holiday to allow your complaint to be investigated properly. Please write your holiday reference number on your letter, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, then we may not be able to deal positively with any complaint on your return. 14. Your accommodation Any accommodation we arrange for you must only be used by those people the reservation was made for. You are not allowed to share the accommodation or let anyone else stay there. By accepting the accommodation we have arranged you also accept terms and conditions of the accommodation provider. You are responsible for the costs of any damage caused to your accommodation or its contents during your stay, except damage caused by persons not known to you. These charges must be met by you and may have to be paid locally. 15. Meals Meals, if included are based on standard menus. They can change and will be clearly stated in your itinerary. At the moment we include full menu in our destination in Zakopane. No refunds on meals not taken can be given. Special diets of any kind (including vegetarian) can seldom be catered for adequately within the constraints of a standard and cannot be guaranteed. 16. Illness Should you become ill while on holiday you must, in addition to reporting illness to our representative, consult a local doctor and also consult your GP upon your return to UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors. We shall be liable solely for your illness resulting from the lack of due care and skill while providing you with our services. 17. Your capacity to participate If you book one of our trips you are deemed to have the capacity (both physical and psychological) to participate in the events offered in it. We will not be responsible and will have no reimbursement obligations against you should you turn to be not able to participate due to your health or other personal conditions. 18. Disabled customers. Because of the nature of our holidays ( a lot of walking and sometimes climbing) we do not recommend them to disabled person. Please note that we can not take the responsibilities if you booked your holiday without previous contacting us and you are not able to take part in it. 19. Contacting you If you book via our website or have opted in other circumstances for us to contact you via e-mail, we will communicate with you using the e-mail address you have provided, e.g. to provide your e-confirmation, e-cancellation, etc. We will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our call centre or in writing as required in our terms and conditions. 20. Amendments Any amendments made to these terms and conditions are binding for you as of their publication on our website or providing to you in a paper form, whichever the first. 21. Severance If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. 22. Data Privacy We comply with all applicable data protection legislation as detailed by the UK Data Protection Act 1998. We collect information such as name, address and date of birth when an enquiry is generated, or a booking is made. We may contact you by mail, telephone, fax or email to let you know about any other products, services or promotions that may be of interest to you. Information/personal data will not be passed onto any external 3rd party organisations outside.We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. When making a booking, you consent to this information being passed on to the relevant persons.) We will not however pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilites, or dietary/religious requirments. 23. Payment by Credit Card A charge of 4% will be made for each credit card transaction. There is no charge for debit card payments. |