INTRODUCTION
Your contract is with Wildlife & Wilderness Limited Ltd. a company registered in England and Wales (Co.No.5031946) whose registered office is at Brockweir Common, Brockweir, Chepstow NP16 7NU. UK. Your contract incorporates these Terms & Conditions and by making a booking with us you confirm your acceptance of these Terms & Conditions.
BOOKING AND PAYMENT
A1. YOUR RESERVATION
A1.1 When you make a booking and pay your deposit or full payment (as applicable), we will reserve your travel arrangements on the basis of these Terms & Conditions. Your booking will be taken in respect of all persons named on your booking and a binding contract between us will come into existence only when we send our Confirmation Invoice and/or ATOL Certificate to you or your Travel Agent. Prior to doing so, we or your Travel Agent may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
A1.2 Please check your Confirmation Invoice and any ATOL Certificate together with all other documents we or your Travel Agent send you as soon as you receive them. Contact us or your Travel Agent immediately if any information which appears on the Confirmation Invoice and/or ATOL Certificate or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within five days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
A1.3 Any contract is with the “Lead Name” as shown on the Booking Form. We can only accept a booking if the Lead Name is at least 18 years old on or before the date of departure. If the Lead Name is under 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.
A1.4 The Lead Name is responsible for ensuring that other members of his/her party are aware of these Terms & Conditions and that they consent to him/her acting on their behalf in dealings with us.
A1.5 If for any reason you did not see a copy of these Terms & Conditions when you made your booking and, having now seen them, you now wish to cancel your booking then you may do so by returning all documentation to us or your Travel Agent within 7 days of receipt of these Terms & Conditions and all monies provided by you shall be returned provided that travel has not commenced. Cancellation under this sub-clause is not permitted if your booking was made less than 90 days prior to travel commencing.
A2. OUR PRICE POLICY, PAYMENT TERMS AND SURCHARGES
A2.1 We reserve the right to alter prices shown on any website and we will inform you of any price changes prior to the issue of our Confirmation Invoice and/or ATOL Certificate. Once our Confirmation Invoice and/or ATOL Certificate has been issued then, save in the case of manifest error, any price changes may only be made in accordance with the remaining provisions of these Terms & Conditions and we particularly draw your attention to the clause A2.4 below in relation to surcharges
A2.2 When you make your booking you are required to pay a deposit of £500 per person or 30% of the total price whichever is the greater. Dependent on arrangements the full cost of flights may also need to be paid at time of booking. If your travel is due to commence within 90 days of your booking then the total price shall be payable at the time of booking. In any event the balance of the total price of your travel arrangements must be paid at least 90 days prior to travel commencing. Your booking will not be confirmed until we receive your deposit and if the balance is not paid by the due date then we shall cancel your booking and retain any deposit. Any monies paid to any Travel Agent in relation to your booking are held by such Travel Agent on our behalf at all times.
A2.3 Payments can be made by credit or debit card, or bank transfer.
A2.4 Changes in transportation costs (including the cost of fuel) dues, taxes, fees, exchange rates or supplier costs mean that we reserve the right to alter the price of your travel arrangements even after the issue of our Confirmation Invoice and/or ATOL Certificate. No alteration shall be made to the price of your travel arrangements within 30 days of travel commencing. We will absorb and you will not be charged for any increase equivalent to 2% or less of the total price of your travel arrangements (excluding insurance premiums and any amendment charges). You will be charged for the amount over and above that together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the total price of your travel arrangements (excluding insurance premiums and any amendment charges), you will have the option of either (a) cancelling your travel arrangements and receiving a full refund of all monies paid, except for any amendment charges or (b) accepting a change to alternative travel arrangements if we are able to offer them. If any alternative travel arrangements are of higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price, or cancelling. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of receiving details of our surcharges.
If due to changes in costs etc. as mentioned above, the price of your travel arrangements goes down by more than 2% of the total price of your travel arrangements (excluding insurance premiums and any amendment charges), then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
CHANGES AND CANCELLATION BY US
B1. IF WE CHANGE YOUR TRAVEL ARRANGEMENTS BEFORE DEPARTURE
B1.1 We hope and expect to be able to provide you with all the services we have confirmed to you in our Confirmation Invoice and/or ATOL Certificate. We plan arrangements a long time in advance of travel commencing using independent suppliers such as airlines, vessel operators, hotels etc., over whom we have no direct control. On occasions changes do have to be made and we reserve the right to make these. Most of these changes are minor. However, if we consider them a “Significant Change” we will endeavour to advise you or your Travel Agent as soon as reasonably possible. A Significant Change includes, purely by way of example, a change of accommodation or vessel to that of a lower category and/or price, a change of flight time or other port departure time of more than 12 hours, a change of UK departure airport or port, or a significant change of destination. In accordance with UK/EU regulations we are required to advise you of the
actual air carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our website and/or on your Confirmation Invoice or ATOL Certificate. 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.
B1.2 In the case of a Significant Change before your departure we will provide you with three alternatives:
B1.2.1 alternative travel arrangements of equivalent or of very closely similar standard and price, if available, or
B1.2.2 alternative travel arrangements of a lower standard together with a refund of the difference in price; or
B1.2.3 cancel your travel arrangements with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D1 below unless the change occurs as a result of circumstances beyond our control where clause E1 will apply.
B2. IF WE CANCEL YOUR TRAVEL ARRANGEMENTS
B2.1 In the unlikely event we need to cancel your travel arrangements we will tell you or your Travel Agent as soon as possible. However, we will not cancel your travel arrangements less than 56 days before departure unless it is for a reason outside our control as provided in clause H1. If we have to cancel your travel arrangements, we will provide you with three alternatives:
B2.1.1 alternative travel arrangements of equivalent or of very closely similar standard and price, if available, or
B2.1.2 alternative travel arrangements of a lower standard together with a refund of the difference in price; or
B2.1.3 cancel your travel arrangements with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D1 below unless the change occurs as a result of circumstances beyond our control (in which case clause H1 will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause B2.2 applies.
B2.2 We regret that some travel packages shown on our website can only be operated if a sufficient number of people book them. If there is insufficient demand, we have the right to cancel the travel arrangements in question. If we have to do so, we promise we will tell you no later than 56 days prior to departure. In this situation, you will then have the choice of the options shown in clause B2.1 together with the option, if possible, of the same package departing on a different date. Where we cancel for lack of numbers in accordance with this clause B2.2, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
CHANGES AND CANCELLATION BY YOU
C1. IF YOU CHANGE YOUR BOOKING
C1.1 If you want to change your travel arrangements in any way you or your Travel Agent must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time. Please note that typically changes to scheduled flight tickets are very restrictive.
C1.2 Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we will also apply an administration charge for each person on the booking and for each item you want to change as shown in the table below together with any further costs we incur, for example with our suppliers, in making any change.
C1.3 Any booking discount you may have received at the time your original booking was made may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
C1.4 If you have paid supplements for accommodation and the number of people in your accommodation changes, you may have to pay extra. In addition you may lose any free or reduced infant and child places or any free group places.
C1.5 Any change to your departure date, airport, transport, destination, accommodation, or length of travel has to apply to all members of your party.
C1.6 You may not change travel arrangements chosen from our or websites to “special offer packages” such as any featured in promotional publications, without incurring cancellation charges. Such a change would necessitate the cancellation of your existing arrangements (and be subject to our cancellation charges shown in clause D1) and the re-booking of new arrangements at the price applying on the day the booking is made.
Table of Administration Charges for Changes made by You
The costs shown are per change per person and do not include any further costs that we may incur in making the changes or any charges made by our suppliers for such changes.
|
Transport Changes (e.g. Air/Sea/Road/Rail) |
£50 |
|
Dates of Travel (see note 1) |
£50 |
|
Airport Changes |
£50 |
|
Name Changes (see note 2) |
£50 |
|
Accommodation Changes |
£50 |
|
Optional Extras (see note 3) |
£50 |
Note 1: It is not normally possible to transfer your booking to a departure date more than 3 months after your original travel date and in such circumstances we have to reserve the right to levy cancellation charges and arrange a rebooking.
Note 2: You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply following a change of mind.
Note 3: When we refer to 'Optional Extras', we mean anything you choose to add to your booking that is additional to the inclusive transport and accommodation arrangements you book. For example, car hire, weddings or park fees. If you cancel any Optional Extras for which there is a cost, we will apply the charges above.
C2. IF YOU CANCEL YOUR BOOKING
C2.1 If you wish to cancel all or part of your booking, you or your Travel Agent must write to us. If some or all of your party cancel their booking or we are entitled to treat your booking as cancelled in accordance with these Terms & Conditions, we will levy a cancellation charge on the scale shown in the table set out in clause D1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer if we cannot resell the package.
C2.2 Any voluntary charitable donations made as part of your booking are passed on to the charity automatically at the time of booking and are non-refundable.
C2.3 If you are travelling on a scheduled service flight we cannot give you any refund until any air tickets issued are returned to us by you or your Travel Agent.
C2.4 If the reason for your cancellation falls within your insurance cover, you may be able to claim a refund of your cancellation charges from the insurance company less any applicable excess.
C2.5 If you or anyone included within your booking is unable to go for any reason or decides that he/she does not want to travel, you may be able to transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to the following:
C2.5.1 You must write to us with full details of who cannot or does not want to travel and who you would like to go instead. We must receive this information at least 14 days before departure.
C2.5.2 If the change can be made, you will have to pay amendment fees as set out in the “Table of Administration Charges for Changes made by You” in clause C1 together with any extra costs we incur or are asked to pay in order to make the change.
C2.5.3 Anyone who travels in place of anyone who was originally due to travel must agree to these Terms & Conditions and any other requirements which apply to the booking before the change can be finalised. If the full cost of the travel arrangements should already have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.
C2.5.4 Scheduled airlines often do not allow any name changes within a certain period prior to departure and generally not at all after flight tickets have been issued. If you want or need to make a name change when an airline will not allow it, you will have to cancel the original flight (which means you will lose all the money you have paid for that flight) and pay the full cost of another flight (which may not be the original flight or at the same cost as the original flight as the airline is entitled to offer the cancelled flight to anyone on a waiting list for it). This is the airline’s decision and we have no control over it.
C2.6 The cost of your travel arrangements (provided that it includes a flight) includes an amount (currently £2.50 per person) which we are required to pay to the Air Travel Trust Fund as part of the ATOL Protection Contribution (“the APC Sum”). If you cancel your travel arrangements the APC Sum is not refundable in any circumstances.
C2.7 If any person on the booking cancels and you cannot fill that person's place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
C2.8 If you do cancel, you must still pay any insurance premiums and amendment charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
CHARGES, COMPENSATION AND DELAYS
D1. CHANGES AND CANCELLATION CHARGES
The following table sets out the sums payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your travel arrangements as a result of:
(a) matters outside of our control when clause H1 shall apply or
(b) where your booking was accepted “subject to availability” and the travel arrangements are not available.
In addition they do not apply where compensation is available under the provisions of clause D2
|
Period before departure in which notice of cancellation or Significant Change is received |
Amount you will receive from us if we cancel |
Cancellation Charge if you cancel |
|
More than 90 days |
Return of Deposit only |
The amount of the Deposit |
|
Less than 90 days |
Return of monies paid plus £25 |
100% of Total Price |
NOTE “Total Price” means the total price payable by you for the travel arrangements excluding insurance premiums and any fees payable for any changes made by you to your booking.
D2. DENIED BOARDING REGULATIONS
D2.1 If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Civil Aviation Authority whose details are available at www.caa.co.uk
D3. TRANSPORTATION DELAYS
D3.1 Unfortunately, flight or other transport delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the carrier concerned should provide refreshments when and where appropriate. We are generally not in a position to provide any assistance in the event of flight or other transportation delays and cannot accept any liability except where expressly stated in these Terms & Conditions.
LIMITATION OF OUR LIABILITY TO YOU
E1. 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:
E1.1 you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or
E1.2 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.
E2. 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.
E3. Should you or any member of your party suffer illness, personal injury or death 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, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E4. Our liability will also be limited in accordance with and/or in an identical manner to:
E4.1 the contractual terms of the companies that provide the transportation for your travel arrangements which are incorporated into and form part of your contract with us; and
E4.2 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 which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in these or any other such conventions.
E5. Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are away are not part of the travel arrangements 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 and this applies even if one of our representatives accompanies the relevant excursion or tour or otherwise arranged the booking on your behalf.
E6. The provisions of clauses E1 to E5 inclusive are in addition to any other limitation of liability contained in these Terms & Conditions (including for the avoidance of doubt those contained in clauses D, F and H5).
E7. Nothing in these Terms & Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H4.
F YOUR RESPONSIBILITIES
F1. SPECIAL REQUESTS
F1.1 If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise us (if booking direct) or your Travel Agent of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your travel arrangements, it must be specifically agreed with us before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.
F2. YOUR DOCUMENTATION
F2.1 You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us or your Travel Agent well in advance of travel commencing. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
F2.2 Many of the airlines or vessel operators that provide the flight or cruise elements of the arrangements we sell impose fines and costs on us if any passengers who have booked with us do not have the necessary travel or other documents for the countries they are visiting or passing through, even where this occurs through no fault of ours. In this situation we have no choice but to pass on to you all fines, costs, surcharges, financial penalties and other sums of any description which are imposed on or incurred by us. You will be responsible for reimbursing us accordingly in full.
F3. HEALTH PRECAUTIONS
F3.1 Many of our packages involve trips to remote and unpredictable parts of the world and/or involve strenuous activities. You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure and it is your responsibility to ensure that you have the levels of fitness required for any particularly strenuous activities.
F3.2 Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have written confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
F3.3 You must provide us with full details of any existing medical problem or disability that may affect your travel arrangements (including, in particular, any transport and accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause D1 must be paid by the person concerned.
F4. INSURANCE
F4.1 It is a condition of booking that you take out insurance suitable for your needs before you travel. We cannot be held responsible for any costs you incur as a result of failing to do so. We may recommend particular insurance policies which we regard as providing cover which meets most people's needs. If you purchase such insurance then it is your responsibility to ensure that it meets your requirements and take all relevant documentation with you when you travel.
F4.2 If you participate in sports and activities whilst travelling that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to ensure that such activities are covered by the relevant insurance.
F5. BEHAVIOUR
F5.1 You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your travel arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any airline pilot, vessel master, accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements). If your unacceptable behaviour means you are not allowed to board your outward flight or embark any vessel we will treat your booking as cancelled from that moment and you will have to pay full cancellation charges (see clause D1).
F5.2 With regard to any flights that form part of your travel arrangements the airline captain has authority over the aircraft and passengers at all times when they are boarding or on board. He/she may prevent you or any member of your party from travelling if you or such member are considered unfit to do so, or if you or such member pose a danger to the aircraft or passengers. In such circumstances we shall seek compensation from you for any losses caused by your behaviour or by the behaviour of any member of your party (e.g. the cost of diverting an aircraft). Disruption on board an aircraft is a criminal offence and you may be prosecuted. If you are refused carriage because of your disruptive behaviour, or because you are under the influence of alcohol or drugs, your airline may pass on your details and the date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you or others in your party to book other airline tickets.
F5.3 Where any part of your travel arrangements includes travel by sea, the master of the vessel has ultimate authority over the vessel and its passengers at all times (including whilst embarking and disembarking). In the circumstances the master may refuse permission for passengers to embark or disembark, require passengers to disembark at any port, confine passengers to a particular area of the vessel or, on medical advice, authorise the administration of any drug or medicine or restraint. In circumstances where such action is taken as a result of the behaviour of you, or anyone travelling under the same booking and affected by such action, neither you nor any such other person in your party shall be entitled to make any claim against us or the vessel’s operators, owners or master for any losses or expenses incurred as a result of such action being taken, including for the avoidance of doubt any costs or expenses incurred by you or any member of your party in repatriation. We and the vessel’s operators and owners reserve the right to seek compensation from you for any losses or expenses incurred by us or them and arising from your behaviour or by the behaviour of any member of your party (e.g. the cost of diverting a vessel). Disruption on board a vessel is a criminal offence and you may be prosecuted.
IF YOU HAVE A COMPLAINT
If you have cause for complaint whilst travelling, you must bring it to the attention of any local representative or agent and any accommodation or transportation provider immediately. They will do their best to rectify the situation. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Wildlife & Wilderness at Brockweir Common, Brockweir, Chepstow NP16 7NU 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 to our representative without delay and complete a report whilst in country. 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 country and this may affect your rights under this contract.
MISCELLANEOUS
H1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your travel arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
H2. FINANCIAL SECURITY
H2.1 Your Financial Protection
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.
H2.2 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).
H2.3 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.
H2.4 Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Travel arrangements that do not include flights are protected by our independent trust account which complies with UK and EU regulations and please ask us to confirm what protection may apply to your booking if you have any concerns.
H3. DATA PROTECTION
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your travel arrangements and insurance. Only information necessary for this purpose will be disclosed to them. In the case of air or sea travel, it may be mandatory for us to disclose information for security and anti-terrorism purposes and any other purpose imposed on us by governments, airlines or vessel operators. We may use your information for the purposes set out in our data protection registration with the Office of the Information Commissioner. We may disclose the same to companies who act as data processors on our behalf. Some information, for example relating to your religion or health, may be "sensitive personal data" within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling. For example, if you contract an infectious illness whilst travelling, we may need to make special arrangements for you and ensure that you do not return with the group immediately. From time to time we may contact you by post with information about special offers or travel packages. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you. You will be charged a fee for this. Any request should be addressed to Wildlife & Wilderness, Brockweir Common, Brockweir, Chepstow NP16 7NU. UK.
H4. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.
H5. CONDITIONS OF CARRIAGE
H5.1 When you travel by rail, air or sea, your journey may be subject to certain statutory regulations and international conventions such as the Berne convention in respect of travel by rail, the Montreal Convention in respect of travel by air or the Athens convention in respect of travel by sea. You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within any relevant statutory regulations, international conventions and those ‘Conditions of Carriage’ and you acknowledge that they form part of your contract with us and also govern your relationship with the relevant transport company. You can ask us to provide you with a copy of any of the conditions or conventions applicable to your journey. Please note that, in particular, certain conventions may limit or exclude liability, especially in respect of lost or delayed baggage.
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