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South Africa - Cape Winelands Riding
The following conditions form the basis of your contract with In The
Saddle Limited of Reaside, Neen Savage, Cleobury Mortimer, Shropshire,
UK. They set out our respective rights and obligations and you should
therefore read them carefully. These conditions should be read in conjunction with the Essential Information.
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.
A contract will exist as soon as we issue our confirmation invoice. This contract is made on
the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
Our nominated agent in the Republic of Ireland, who will accept service
of proceedings, is Matheson, Solicitors, 70 Sir John Rogerson's Quay, Dublin 2, Ireland. Tel: 01 232 2000.
If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel.
The Package Travel, Package Holidays and Package Tours Regulations
1992 require us to provide security for the monies that you pay for the
package holidays booked from this brochure and for your repatriation in
the event of our insolvency. If we have not booked flights then security is by way of an ABTA bond number W1733.
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, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are 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, or the suppliers identified on your ATOL certificate, 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.
We are a member of ABTA, membership number W1733. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct.
We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.
The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received
by the Chartered Institute of Arbitrators within nine months of the date
of return from the holiday. Outside this time limit arbitration under
the Scheme may still be available if the company agrees, but the ABTA
Code does not require
For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
1) We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
2) When you make your booking you must pay a deposit of 20% of the
holiday cost (minimum £200) per person. In some cases the deposit is higher than this and this will be notified to you. The balance of the price of
your travel arrangements must be paid at least 10 weeks before your
departure date. To guarantee the price you may be required to pay part
or all of the balance prior to this date. If the deposit and/or balance
is not paid in time, we shall cancel your travel arrangements. If the
balance is not paid in time we shall retain your deposit.
3) The price of your travel arrangements will be calculated using exchange rates at the time of booking. Provided your holiday is paid as requested the price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
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. You will be asked to pay an administration charge of £30, and any further cost we incur in making this alteration. You should be aware that these costs could increase the 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.
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking 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 clause 7.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, 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). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. The carrier will be shown on your confirmation invoice. 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.
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
booked holiday and receiving a full refund of all monies paid. In all
cases, except where the major change arises due to reasons of force
majeure, we will pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY
|Period before departure within which notice of a major change is notified to you||Amount you will receive from us|
|More than 70 days||Nil|
| 14 to 70 days
|1 to 13 days||£100|
|Less than one day||£200|
IF WE CANCEL YOUR HOLIDAY
|Period before departure within which notice of a Cancellation is notified to you||Amount you will receive from us|
|More than 70 days|| Deposit only
| 14 to 70 days
||100% of cost of holiday + £50|
|1 to 13 days||100% of cost of holiday + £100|
|Less than one day||100% of cost of holiday + £200|
IF YOU CANCEL YOUR HOLIDAY
|Period before departure within which notice of a Cancellation is received by us|| Amount of cancellation charge
|More than 70 days|| Deposit only
| 29 to 70 days
|| 50% of holiday cost
|Less than 29 days|| 100% of holiay cost
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure: This means that 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, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your guide or host) and contact us on our 24hr emergency telephone line +44 7932 644 993 and we will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us 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.
It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as via our emergency telephone line and complete a report form whilst you are on holiday. 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 in resort and this may affect your rights under this contract.
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.
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:
(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 companies' contractual terms, or the international conventions, from our offices.
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 of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
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.
On many of our rides your luggage may be in a transfer vehicle in dry, dusty or wet conditions, sometimes being carried on the roof of a vehicle. We will do everything we can to ensure the safety of your luggage but recommend that you do not travel with precious or irreplaceable items. We cannot be held responsible in the unlikely event of luggage or personal items being stolen from vehicles or rooms and you should ensure you have adequate insurance. In the event of loss or damage to baggage, howsoever caused, including by negligence, we limit the amount of compensation we will pay you to £300. You should keep your passport in your personal possession or in a locked safe and have a photocopy of your passport in a separate section of your luggage.
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
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.
This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
Although we will endeavour to pass any reasonable requests on to the relevant supplier, we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. Confirmation that special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. This would include any pre-existing medical condition which could be worsened if you fell off a horse. In any event, you must give us full details in writing. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may, however, provide refreshments etc.
When you book a holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time, directly to the accommodation owner or manager or other appropriate party. If you fail to do so, you must indemnify us against any claims subsequently made against us (together with our own and the other party's legal costs) as a result of your actions.
We expect all clients to have consideration for other people. If in our opinion or in the opinion of any other person in authority any person behaves in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate the holiday arrangements of that person without notice. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibilities towards such person(s) (including any return travel arrangements). No refunds will be made and we will not pay any costs or expenses incurred as a result of termination.
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
In order to process your booking and to ensure that your travel arrangements run smoothly we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers such as airlines, hotels etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. 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 to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
Unless you inform us otherwise we will hold your information, where
collected by us, and we may use it to inform you of offers in the future
or send you brochures. We will not pass your details onto third parties
unconnected with your booking. You are entitled to a copy of your
information held by us. If you would like to see this please contact us.
We may make a small charge for providing this to you.
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