When you make a booking you are agreeing to our terms and conditions and entering into a contract with RWH Travel Limited, trading as Chapters Experience Holidays, registered office: Lemsford Mill, Lemsford Village, Welwyn Garden City, Hertfordshire AL8 7TR.
To download an offline copy please click here.
These booking conditions, together with the information set out on our website or in our brochure form the basis of your contract. These booking conditions are applicable to all Chapters Experience Holidays. You must agree to these terms and conditions before you book your holiday, either online, by telephone or any other method.
1 Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and to supply personal details for you and your party. A contract will exist as soon as we issue our confirmation invoice. To avoid possible confusion any variation of this agreement should be confirmed in writing either by you or by us. This contract is made on the terms of these booking conditions, which are governed by English law, and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
2 Financial Protection
We provide full financial protection for our package holidays. For flight-based holidays this is through our Air Travel Organiser’s License number 0990. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, were 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-prevision 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.
When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA.
3 Holiday Price
All holiday bookings made more than ten weeks before the intended departure (eight weeks for UK holidays, 12 weeks for long haul holidays) must be accompanied by the appropriate deposit. (Per person deposits for short haul and UK holidays are £100 whilst long haul holidays are £150. If you book any regional flights from us then any payment made at the time of booking the flight will be considered as part of your deposit and non-refundable.) In these cases the balance of the holiday charge is payable not later than 8 weeks for UK holidays, 10 weeks for short haul holidays and 12 weeks for long haul holidays before the intended date of departure. All payments must be made in Sterling unless by prior arrangement with us. We shall be entitled to treat any failure to pay such balance by the due date as a cancellation of the booking by you and we will notify you if we intend to do so and in such circumstances your deposit and any insurance premium will be forfeited. Where bookings are made within 8 weeks for UK holidays, 10 weeks for short haul holidays and 12 weeks for long haul holidays the whole of the holiday charge is payable at the time of booking. In some cases a late booking fee may be charged to cover excess communication costs. If you book through a travel agent all monies paid to the agent for your holiday with us are at all times held by the agent on behalf of RWH Travel Ltd.
We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
Changes in transport costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your holiday may change after you have booked. However there will be no charge within 30 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, plus an administration charge of £1 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% 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. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that holidays are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
Participants in our holidays are accepted on condition that they are physically and mentally fit, and able to cope reasonably with the demands of the holiday without assistance from our tour leader or other party member.
Bookings can only be accepted from persons under eighteen years of age when accompanied by an adult who will be responsible for them.
You must comply with a non-smoking policy whilst travelling, at the dinner table, during group meetings and if sharing a room with an independent traveller.
We reserve the right to exclude you from individual activities or the activity programme as a whole if in the reasonable opinion of our tour leader the demands of the activity would be detrimental to the interests or safety of you or the group as a whole. We also reserve the right to refuse any booking for a holiday where we are not satisfied that the applicant’s fitness and experience are appropriate to the holiday selected.
5 If You Make Changes to 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, 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 or your travel agent. You will have to pay a per person administration charge of £20 (or £40 if less than 84 days to booked departure) and any further cost we incur in making this alteration. For changes to our group flight arrangements, a flight administration fee of £35 will apply. These charges are not refundable if you cancel your holiday subsequently. You should be aware that the costs can increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Please note: Certain travel arrangements cannot be changed after a reservation has been made and any alteration request will incur 100% cancellation charges.
Also if you, or any member of your party, are prevented from proceeding with the holiday you may request to transfer your booking, having first given us notice of your intentions before departure, to a person who satisfies all the conditions applicable to the holiday. The transferor and transferee shall be jointly responsible for payment of the balance due and for any additional costs arising from such transfer.
6 If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from you or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in Table 1 opposite.
Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7 If We Change or Cancel Your Holiday
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Cancellation We will not cancel your travel arrangements less than 8 weeks before departure for UK holidays, 10 weeks before your departure date for short haul holidays, and 12 weeks before departure for long haul holidays except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).In some cases we will pay compensation (see opposite).
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our website at:
Please note the existence of a ‘Community list’ detailing air carriers that are subject to an operating ban with the EU Community (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.) If a carrier used in connection with your holiday becomes subject to an operating ban we will inform you of this to allow you to make an informed decision regarding your holiday arrangement. See also clause 8.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
Force Majeure: We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war or threat of war, riot, civil strife, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemic or adverse weather conditions or unavoidable technical problems with transport.
8 Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers 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: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or 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 an event which we or our suppliers, even with all due care, could not foresee or forestall.
We do not make any representation or commitment that all services will comply with local laws and regulations and failure to comply does not automatically mean that we have not exercised reasonable skill and care.
We cannot accept any liability for any loss or expense you suffer or incur (including loss of Mearnings) which on the basis of information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur.
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.
You can ask for copies of the transport contractual terms, or the international conventions, from our office at Lemsford Mill, Lemsford Village, Welwyn Garden City, AL8 7TR.
Under EU law (Regulation 261/2004) 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 will be publicised at EU airports and 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 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
If your airline does not comply with these rules you should complain to the Aviation Consumer Advocacy Panel on 020 7240 6061 www.caa.co.uk.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
We aim to provide you with the best possible holiday but, if a problem should arise, please inform the relevant suppliers (e.g. the hotelier) and our leader immediately who will endeavour to put things right. You should also complete a Client Report Form, available from our Leader, during your holiday. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify the complaint whilst you were on the holiday and this may affect your rights under this contract. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Service Department at Lemsford Mill, Lemsford Village, Welwyn Garden City, AL8 7TR, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Your claim will still be accepted later than 28 days but this impedes our success in its investigation. Please see clause 10 on ABTA.
We are a Member of ABTA, membership number V5094. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Excursions or other tours that you may choose to book or pay for whilst 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.
12 Prompt assistance
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services or as a result of failures due to 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 an event which we or our suppliers even with all due care could not foresee or forestall and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
You must have adequate holiday insurance to undertake the holiday. If you do not purchase our insurance it is your responsibility to check that your policy is adequate. We are unable to arrange our insurance cover for you after your holiday has started. No refunds will be made should you be excluded from the walking programme through being uninsured or you being unable to demonstrate that you are insured.
The success of each holiday depends to a great extent on the members of the party’s abilities to participate physically and cooperate with other
group members and the Leader. The Leader has full authority to exclude any member, either from part of the daily programme or, in extreme cases, from the entire tour if he or she is, in the reasonable opinion of the tour leader, either physically unable to participate, behaves in a way which is detrimental to the interests or safety of the party as a whole, is inadequately equipped or does not have travel insurance. Refunds may be made in appropriate cases at our discretion.
15 Conduct and Personal Responsibility
When you book your holiday with us, you accept responsibility for the proper conduct of all members of your party during your holiday. You agree to accept the authority and decisions of our staff, tour leaders and local partners whilst on holiday with us. If in the reasonable opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot, ship’s captain or hotel manager), your health, level of fitness or conduct at any time before or during a holiday is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the company) or the safe, comfortable or happy progress of the holiday, you may be excluded from all or part of the holiday. Full cancellation charges will then apply and no refund will be given.
Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may incur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation supplier concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must indemnify us for the full amount of any claim (including legal costs) made against us by the accommodation supplier or any third party as a result.
You accept any images of you taken whilst on any of our holidays may be used by us for marketing in any format current or yet to be invented.
All the facts in this brochure about hotels and resorts are checked and re checked for accuracy by our staff and, wherever possible, by hoteliers. However, it is still possible – in early and late season in particular – that hoteliers etc may decide to change their facilities (e.g. a pool is empty for cleaning) which will then be temporarily or permanently unavailable. Such events are regrettably beyond our control. However, when we are notified of these or other significant changes, we will inform you at the time of booking or, if you have already booked your holiday, you will be contacted as soon as reasonably possible if there is time before your departure. If such events constitute a major change to your holiday then clause 7 of these booking conditions will apply.
Changes may be made to the particulars contained in this brochure at any time before a contract between you and RWH Travel Ltd is concluded. In such circumstances we will advise you of any such changes before accepting your booking and completing the contract. Prices shown in this brochure are based on all known costs at the time of publication and may be subject to change at any time prior to the issue of our confirmation of your booking. This brochure is issued on the sole responsibility of the tour operator. It is not issued on behalf of and does not commit the airlines mentioned or any airline whose services are used in the course of the holiday.
These terms & conditions, published 10 October 2016, supersede all previous versions.
To download an offline copy please click here.?