Booking conditions

Important: Active on Holiday is a brand operated by KE Adventure Travel Ltd (KE). KE has a long-term license agreement with Active on Holiday BV, to sell cycling and walking holidays utilising the Active on Holiday brand in the UK and other English-speaking markets. KE Adventure Travel Ltd (KE) acts as the principal, and the contract for your holiday is thus directly with KE Adventure Travel Ltd.

 

YOUR HOLIDAY CONTRACT

 

The contract for your holiday will be with KE Adventure Travel Ltd, a member of ABTA (No. W4341) and holder of Air Travel Organiser’s Licence (ATOL) No. 2808. Below are the terms and conditions on which your booking is accepted. These form the basis of your contract with us. Please read them carefully and raise any queries you may have before you seek to confirm your booking as they set out our respective rights and obligations. When you make a booking and we accept it (subject to availability) by issuing a confirmation invoice, a legally binding contract between us will come into existence. The Trip Notes relevant to your holiday and our Booking Information (available on our website) also form part of our contract. The person who makes the booking (“lead name”) must have the authority of all persons named on the booking to do so on the basis of these booking conditions. The lead name is also responsible for the accuracy of all information provided to us, for the good transmission of information provided by KE to all persons named on the booking and for making all payments when due.

 

We both agree that English law (and no other) will apply to our contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see below) or by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

 

Your confirmation invoice will be sent to the lead name or your travel agent. Please check this invoice carefully as soon as you receive it and contact us immediately if any information which appears on this or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

 

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means KE Adventure Travel Ltd. References to “holiday” and “trip” are to the arrangements we contract to arrange or provide for you before you go away and references to “departure” are to the start date of these arrangements.

 

Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.

 

OUR COMMITMENT TO YOU

 

1. YOUR FINANCIAL PROTECTION FOR FLIGHT INCLUSIVE HOLIDAYS

We provide full financial protection for our holidays. We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 2808). All flights and flight inclusive holidays we offer are financially protected by the ATOL scheme. When you buy an ATOL protected flight or flight inclusive package 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.

 

The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350 e-mail claims@caa.co.uk www.caa.co.uk

 

When you buy a holiday which does not include any flights arranged by us, protection is provided by way of a bond held by ABTA as referred to below.

 

You can access the Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/uksi/2018/634/contents/made 

 

2. YOUR FINANCIAL PROTECTION FOR ‘LAND ONLY’ HOLIDAYS

We are a member of ABTA with membership number W4341. If your holiday does not include any flights arranged by us, ABTA will financially protect it by ensuring you receive a refund of the monies you have paid to us or, where you are already on holiday and your arrangements include return travel (other than flights), you are returned to the outward departure point of these travel arrangements, in the event that your holiday cannot be provided as a result of our insolvency.

 

ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s code of conduct.

 

In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.

 

You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.

 

For further information about ABTA, financial protection, the code of conduct and the ABTA arbitration scheme (see clause 10 “Dispute resolution and ABTA arbitration ” below), contact ABTA at 30 Park Street, London, SE1 9EQ tel 020 7637 2444 or visit www.abta.com

 

3. YOUR HOLIDAY PRICE

We reserve the right to alter the prices of any of the holidays or travel arrangements shown on our website or elsewhere at any time before your holiday is confirmed. You will be advised of the current price of your chosen arrangements before your booking is confirmed.

 

Once confirmed at the time of booking, the price of your holiday is fully guaranteed and will not be subject to any surcharges. You will not be entitled to any refund if subsequent to the confirmation of the price of your holiday, the advertised price is reduced or discounted.

 

You should note that no discounts or refunds for unused services will be given, if at the time of booking, prior to departure or during your holiday, you choose not to take part in the full package as detailed in the Trip Notes.

 

4. SPECIAL REQUESTS AND MEDICAL CONDITIONS / DISABILITIES / REDUCED MOBILITY

If you have any special request (which includes special requirements), you should advise us at the time of booking. We regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice 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. For your own protection, you should obtain confirmation in writing that a special requirement will be complied with (where it is possible for us to give this) if it is important to you. Any special requirement which we have accepted will be specifically confirmed as accepted on your confirmation invoice.

 

Given the certain degree of physical effort required, our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

 

Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.

 

You must ensure that your travel insurers are aware of any medical condition, disability or reduction in mobility you suffer from and have agreed that this will be covered by your policy. We may ask you to provide us with evidence of this. Please also read “Choosing the right holiday” in our Booking Information.

 

5. IF WE CHANGE OR CANCEL YOUR HOLIDAY

(1) It is in the nature of holidays of the type we offer that arrangements and participants have to be flexible. The day-to-day itinerary and ultimate objectives of the trip are to be taken as aims and not as contractual obligations. It is a necessary condition of your booking any of our advertised holidays that you accept this flexibility.

 

(2) Changes to confirmed holiday arrangements sometimes have to be made. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you or your travel agent in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 4. Where we have to do so, clause 5(3) and (4) will apply. All other alterations will be treated as insignificant changes. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type (where advised) or a change of accommodation to another of the same or similar standard with similar facilities in a suitable alternative location. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.

 

(3) Our guided holidays require a minimum number of participants to enable us to operate them and we reserve the right to cancel any holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday unless the trip is already guaranteed to run. Failure to achieve the applicable minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason by the date by which full payment of your trip cost must be received by us (normally 8 weeks before departure). Please note that we will not be liable for any costs, expenses or losses you incur (for example, in respect of flights) as a result of the cancellation of any trip due to lack of minimum numbers. You are accordingly recommended not to incur any non refundable expenditure until you have received confirmation that your trip is guaranteed to operate or after the deadline for cancellation for this reason if later.

 

(4) In the event that we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration(s) and any impact they have on the price of your holiday; (ii) in the event that you do not wish to accept the alteration(s), details of any substitute package we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration(s) or any substitute package offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.

 

(5) If you choose to cancel your booking in accordance with clause 5(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification).. If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 6).

 

(6) Occasionally, it may be necessary to cancel confirmed holiday arrangements. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday as a result of unavoidable and extraordinary circumstances (see clause 6) and we notify you of this as soon as reasonably possible or (ii) you have booked a guided holiday which we have to cancel because the minimum number of participants necessary for us to operate your holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 5(3). We will of course endeavour to offer you comparable alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. Where we have to cancel your holiday in these circumstances and you do not wish to book any alternative arrangements we may be able to offer instead, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 5(5) above). We will have no further or other liability to you including in respect of compensation or for any costs, expenses or losses you incur or have incurred as a result (such as the cost of non refundable flights and other services which you book independently in connection with your holiday).

 

(7) In the event that we have to cancel or make a significant alteration to any of the main characteristics of your contracted holiday services otherwise than as a result of unavoidable and extraordinary circumstances or, in the case of cancellation, an insufficient number of participants as referred to in clause 5(3), we will, where appropriate, pay you the compensation in the table below. This compensation will not be payable where a change is not significant.

 

Period before departure within which cancellation or significant change is notified to you.

 

Compensation per person:

 

More than 56 days – Nil

56 to 15 days – £20.00

14 to 0 days – £30.00

 

6. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of, unavoidable and extraordinary circumstances.

 

In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strike, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.

 

7. OUR LIABILITY TO YOU

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

 

(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-

 

(i) the act(s) and/or omission(s) of the person(s) affected;

(ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;

(iii) unavoidable and extraordinary circumstances as defined in clause 6 above.

 

(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any optional activities, excursions or other tours you purchase during your holiday. Please also see clause 8 “Optional activities”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

 

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 7(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

 

(5) Except as set out in clause 7(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 7(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

 

(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 7(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the applicable time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or other carrier. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

 

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self employed earnings).

 

7(B). COVID-19: LIMITATION OF LIABILITY

We both acknowledge the ongoing COVID-19 global situation and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday. Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

 

(1) If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:

 

1. Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);

 

1. If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 4 (3) below;

 

iii. Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.

 

If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

 

(2) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday. You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

 

8. OPTIONAL ACTIVITIES

Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of the arrangements we have contracted to provide. We have no involvement in any such activities, excursions or tours which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. We are not responsible for their operation or for the acts or omissions of the operators / providers or their employees and suppliers even where we suggest particular operators or other third parties and/or assist you in any way in making a booking. The acceptance of liability contained in clause 7(1) of these booking conditions will not apply to such activities, excursions or tours. Your contract will be with the operator or other provider of the activity, excursion or tour and not with us. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

 

9. ASSISTANCE WHILST YOU ARE ON HOLIDAY

In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

 

10. FLIGHTS

In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en

 

We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.

 

If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 5 above “If we change or cancel your holiday” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings detailed on your confirmation invoice or elsewhere are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

 

Specific instructions relating to departure and travel arrangements will be sent to you in good time before departure. Please ensure you read this information very carefully on receipt to ensure you have the correct flight times and other up to date travel information. It is possible that flight times may be changed at a later stage. We will contact you as soon as possible if this occurs.

 

Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

 

11. DELAY AND DENIED BOARDING REGULATIONS

In the event of any flight delay or cancellation at your UK or overseas point of departure, where applicable the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). We regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.

 

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment 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. This includes any disappointment, distress, inconvenience or effect on any other arrangements. 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, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further details.

 

12. DATA PROTECTION

We are a data controller of the personal data you provide us with and will protect this in accordance with the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018. Please read our privacy policy (which appears on our website) for more information.

 

YOUR COMMITMENT TO US

 

1. YOUR HOLIDAY PRICE

When you make your booking, you must pay a deposit for each person travelling. The amount of the deposit required varies depending on the holiday. For example, a higher deposit will be payable if any supplier requires additional payment at the time of booking. Any additional amount payable at the time of booking will be treated as part of your deposit. The applicable deposit is shown on our website and will be confirmed at the time of booking. On occasion, full payment for a service such as your flights may also be required at the time of booking. If you book 8 weeks or less before departure, full payment must be made at the time of booking.

 

All bookings are subject to these booking conditions and our Booking Information. Bookings made by telephone are accepted on the basis that you have read and agreed to them. No contract will exist until we have confirmed the booking by the issue of a confirmation invoice. We will send this confirmation invoice to the lead name (or your travel agent if booking through one) with your flight details (if flights are included in the booking) informing you of the date by which final payment must be made for your trip. This is normally 8 weeks before departure. For certain trips, full payment must be received at an earlier stage before departure. You will be advised at the time of booking when this is the case. Balances can only be paid in the same currency as your deposit. In the case of non-payment of the full balance by the due date, we reserve the right to cancel your booking in which case we will be entitled to retain the deposit paid or payable at that stage. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 4 below depending on the date we reasonably treat your booking as cancelled.

 

For some holidays, you will be asked to pay for your flights in full at the time of booking / earlier than 8 weeks before departure to enable us to secure them. If you do not wish to purchase your flights at that time, you are free to make your own arrangements. We cannot guarantee the exact cost of any flights or flight inclusive booking until the applicable payment has been received and the air tickets have been issued.

 

Where you book a flight inclusive holiday through an authorised travel agent of ours, all monies you pay to that travel agent for your holiday with us will be held by him on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently accepted from you by him will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay that money to us. Where you book a holiday through an authorised travel agent of ours which does not include flights arranged by us, all monies you pay to that travel agent are held by him on your behalf until a contract between us comes into existence. After that, such monies will be held by the agent on our behalf until they are paid to us.

 

We advise that you book any extensions, extra services or additional accommodation at the time you make your holiday booking. If you wish to book an extension to your trip (or add any additional services to your booking), a separate deposit, or the full extension price if less than the deposit, is payable before the extension booking can be confirmed. If you are making your own flight arrangements for a group holiday, you should check that your chosen holiday has reached the minimum number of participants required for it to operate and is guaranteed to run BEFORE booking your flights. You can check the trip status on our website or by telephone. In the event that we have to cancel the group tour you have booked due to lack of minimum numbers, we will not be responsible for any costs, expenses or losses you incur as a result including, without limitation, in respect of any flight booking.

 

2. IF YOU MAKE A CHANGE TO YOUR BOOKING

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our best to assist but it may not always be possible to do so. Any request for changes must be made in writing by the lead name or through your travel agent. You will be asked to pay an administration charge of £25 and any further costs or charges we incur in making the alteration. You should be aware that the costs and charges payable in addition to our administration charge could increase the closer to the departure date that changes are made. You should therefore contact us as soon as possible. Note: it may not be possible to change certain travel arrangements (eg Apex tickets) after a reservation has been made. For these services, any alteration is likely to involve the payment of a cancellation charge of up to 100% of the cost of the service together with the then applicable cost of rebooking that service or an acceptable alternative.

 

3. TRANSFERRING TO ANOTHER HOLIDAY

If after our confirmation invoice has been issued, you wish to transfer your deposit to another holiday (including another departure of the same holiday), we will do our utmost to arrange this but it may not always be possible. Any such request must be made in writing from the person who made the booking or your travel agent. You will be asked to pay a transfer charge of £100, plus any further costs we incur in making this transfer. You should be aware that costs incurred in transferring a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible. Except in exceptional circumstances, you cannot transfer your holiday later than 10 weeks prior to departure. Any request to transfer your booking received within 10 weeks of departure will be treated as a cancellation and subject to the charges shown in section 4 below. Note: Certain travel arrangements (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.

 

4. IF YOU CANCEL YOUR HOLIDAY

(1) You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 3 above. Your notice of cancellation will only be effective when it is received in writing (which can be sent by e-mail) by us or the authorised travel agent through whom you have booked. We will ask you to pay cancellation charges as shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total holiday cost payable to us by the person(s) cancelling, excluding any amendment charges (which are not refundable in the event of cancellation).

 

Cancellation Charges (except where shown below):

 

More than 56 days before departure: Deposit plus any flight cancellation charges where applicable

56-30 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 30 days before departure: 100% of total holiday cost

Exceptions to above cancellation charges:

 

Riverboat & Galapagos Cruises

 

More than 60 days before departure: Deposit plus any flight cancellation charges where applicable

59-30 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 30 days before departure: 100% of total holiday cost

Polar Cruises and all Cruises Aboard the MS Expedition

 

More than 90 days before departure: Deposit plus any flight cancellation charges where applicable

89-60 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 60 days before departure: 100% of total holiday cost

Luxury Salkantay Trek to Machu Picchu Holiday

 

More than 80 days before departure: Deposit plus any flight cancellation charges where applicable

79-30 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 30 days before departure: 100% of total holiday cost

Okavango and Botswana Safari – Family Adventure

 

More than 60 days before departure: Deposit plus any flight cancellation charges where applicable

60-30 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 30 days before departure: 100% of total holiday cost

Aconcagua Ascent

 

More than 56 days before departure: Deposit plus any flight cancellation charges where applicable

56-50 days before departure: 50% of total trip cost plus any flight cancellation charges where applicable

Less than 50 days before departure: 100% of total holiday cost

‘Spires and Ice – Trekking Patagonia’ and ‘The Classic Paine Circuit’

 

More than 60 days before departure: Deposit plus any flight cancellation charges where applicable

60 – 30 days before departure: 50% of total trip cost plus any flight and accommodation cancellation charges where applicable

Less than 30 days before departure: 100% of total holiday cost

It is strongly recommended that suitable travel insurance is purchased at or prior to the time of booking, which includes cover, subject to policy terms and conditions, against cancellation charges. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges (less any applicable excess).

 

(2) In the event that unavoidable and extraordinary circumstances (see clause 6 above) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any amendment charges). We will notify you as soon as practicable should this situation occur. You will not be entitled to any additional compensation. We will take account of the advice provided by the UK Foreign, Commonwealth & Development Office in deciding whether such circumstances have occurred.

 

(3) You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. Please also see the note in clause 2 above, on travel arrangements which cannot be changed after booking. Name changes for these services are likely to involve payment of a 100% cancellation charge of the cost of the services in question and the full cost of rebooking them or an acceptable alternative.

 

5. TOUR LEADER AUTHORITY (GROUP HOLIDAYS)

In booking a group holiday with us, you agree to abide by the authority of your tour leader, who represents KE Adventure Travel Ltd. The decision of the leader as to the conduct, itinerary and objectives of the trip is final. If, in the reasonable opinion of the leader, your behaviour or physical or mental condition is such that it may be detrimental to the safety, welfare and/or wellbeing of the group as a whole (which are the paramount considerations), or if the leader considers your general wellbeing will be put at risk by continuing with the holiday, you may be asked to leave the trip. In this event, our contractual obligations in respect of the remainder of your holiday will come to an end and, save for any return flight or other return travel arrangements and the provision of assistance as referred to in clause 9 above, we will have no further responsibility to you. Return flight or other travel arrangements will be subject to the carrier agreeing to your using their services in the circumstances. You will not be entitled to any refund for unused or other services or to payment of any expenses or compensation.

 

6. RESPONSIBILITY

Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. Please see clause 4 “Special requests and medical conditions / disabilities / reduced mobility” above. You must provide us with all relevant information before you book if you have an existing medical condition or disability or suffer from reduced mobility which might affect your holiday or other group members’ enjoyment of it. If, in our reasonable opinion and having made any reasonable adjustments which we are able to, your chosen holiday is not suitable for your medical condition, disability or reduced mobility, we reserve the right to refuse your booking or, if this only develops after your confirmation is issued, to cancel it (with a full refund of all monies paid to us but with no expenses or compensation being payable). In the event that we are not provided with all relevant information prior to confirming your booking, we reserve the right to cancel it and apply cancellation charges in the event we reasonably decide your booked arrangements are not suitable for you when we are provided with all relevant information. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in the Trip Notes. If you are unable, or choose not to complete an itinerary outlined for a holiday, we will not be obliged to provide or arrange any alternative itinerary, excursions, accommodation, services or staff for the period when you are not participating in the group arrangements.

 

7. PASSPORTS, VISAS, AND IMMIGRATION REQUIREMENTS

Visas are required for many of our holidays. In some cases, more than one visa is required. Where applicable, visa information is provided on the specific trip page of our website. Further information can also be found in our Booking Information. All holidays require a valid passport. Your passport may be required to have a minimum of 6 months’ validity after the end of your holiday. Requirements may change and you must check the up to date position in good time before departure with the website / embassy / consulate / visa processing centre of the country(ies) to or through which you are intending to travel. A British citizen’s passport applied for in the UK usually takes approximately 3 to 6 weeks to obtain, however, they can take longer. If any member of your party is 16 or over and hasn’t previously held a passport, they should apply for one at least 6 weeks before departure as the UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. Other passports may take different period to obtain.

 

In some cases, full and correct passport information is required when a booking request is submitted to us so that we can obtain necessary flights, tickets, permits and visas (where we specifically undertake to do so) on your behalf. If you do not provide the required and correct information when requested, we will not be able to make the necessary bookings and other arrangements on your behalf and cannot be held responsible for the effect this may have on your holiday arrangements.

 

Details of any compulsory health requirements applicable to your holiday are shown on our website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your doctors’ surgery, medical centre, local travel clinic and online from the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available at www.nhs.uk/Live-well/healthy-body/before-you-travel Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with an appropriate health professional or travel clinic not less than 6 weeks prior to, and also closer to, departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.

 

It is the responsibility of the lead name to ensure that all persons travelling are in possession of all necessary passports, visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to comply with all applicable passport, visa, immigration and other entry requirements results in fines, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.

 

8. TRAVEL INSURANCE

To take part in one of our holidays you must be covered by appropriate travel insurance for the complete duration of your holiday. Your insurance must include cover for cancellation charges, medical expenses (including the cost of repatriation and evacuation by helicopter/air ambulance/other appropriate means in the event of medical need), injury, death and liability to third parties. Should you require emergency medical rescue or evacuation whilst you are on holiday, whether on foot, by helicopter or otherwise, you are responsible for all costs involved. Any costs incurred after your rescue or evacuation for expenses such as hotels, food, transport etc will also be your sole responsibility. It is imperative that all persons travelling have appropriate insurance cover in place before departure which covers all such costs and eventualities. It is your responsibility to ensure that the insurance cover you purchase is suitable for your particular needs. We reserve the right to cancel your booking at any time before departure if we are not satisfied that you have appropriate insurance. All luggage and personal possessions, including bikes, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to ensure that all items you take with you on holiday (including camera equipment, phones, laptops and other forms of technology) are properly covered by insurance and to check the applicable limitations and exclusions of your insurance policy.

 

9. IF YOU HAVE A COMPLAINT

If you have a problem or cause for complaint during your holiday, you must without delay inform your tour leader or, for self-guided trips, the emergency contact provided, who will endeavour to put things right. If your complaint is not resolved locally to your satisfaction, you should contact our office by email at info@activeonholiday.com, or by writing to our Customer Services Department at Active on Holiday, Central Car Park Road, Keswick, CA12 5DF, giving your booking reference and all other relevant information. It is best if any correspondence is concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. You should e-mail or write to us within 30 days of the end of your holiday unless there is a good reason why you are unable to do so. Prompt notification of issues enables us to investigate and, where appropriate, take steps to remedy any complaint during your holiday. If you fail to follow this simple procedure, we will have been deprived of this opportunity and your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result. We do not, however, exclude or limit any right to compensation for death or personal injury which we or our employees cause intentionally or negligently.

 

10. DISPUTE RESOLUTION AND ABTA ARBITRATION

Disputes arising out of, or in connection with, any holiday booking made with us which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA and administered independently. This is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit for claims is £5,000 per person and £25,000 per booking. The scheme does not apply to claims which are solely in respect of physical injury or illness or its consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of your return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Further information on the code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

 

11. FOREIGN OFFICE ADVICE

The UK Foreign, Commonwealth & Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.

 

12. PROMOTIONAL IMAGES

You may appear in photos or videos which are taken on any of our holidays, whether by a member of our staff, suppliers or other clients. In accordance with our privacy policy, these may be used by us without payment in any media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as in brochures and website slides and videos.. You will not be identified by name in any material.

 

IMPORTANT WARNING!

 

This is ADVENTURE travel, and many of KE’s holiday destinations are in remote areas, within under-developed countries, where events are less predictable than is usually the case in, for example, Western Europe or North America. The unexpected is the norm in these areas and, despite painstaking planning and organisation, our adventure holidays can never be taken for granted like regular holidays. Many of the places that we visit do not have the same quality of emergency health and safety services that we are used to in the developed world. Internal flights can be cancelled, road transport may be uncomfortable and unreliable, and hotels may not approach the standards we take for granted in Western Europe or North America.

 

IF YOU ARE NOT PREPARED FOR THIS, YOU SHOULD NOT TRAVEL WITH US!

 

This unpredictability also means that the itineraries that we put forward for each of our holidays should be seen as statements of intent, rather than as contractual obligations. A variety of factors, including weather, transport difficulties and political instability, might dictate that we change any itinerary. We will make any changes that are necessary, after consultation with our local representatives and inform you at the earliest opportunity. Only rarely will such changes be significant, and we will always do everything within our powers to minimise the effects of the enforced changes. We cannot be held responsible for the results of changes or delays, irrespective of how they are caused.

For any questions or queries relating to our booking conditions, please contact us.