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Booking Terms and Conditions

Booking Terms and Conditions

Travel Butlers Safari Holidays

Terms and Conditions for All Bookings

Why Book With Us?

  • Specialists in African Holidays
  • Friendly Expert Service
  • Hundreds of Special Offers
  • Tailor-made itineraries
  • Price Promise
  • No Credit Card Fees
  • We can book your flights
  • ATOL Protected
  • UK Based

Updated January 2024

All bookings made with Travel Butlers Ltd are subject to the following Booking Terms and Conditions. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  1. he/she has read these Booking Terms and Conditions and has the authority to and does agree to be bound by them;
  2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

  1. Contract
  2. Quoted Prices, Payment Methods And Accuracy
  3. Booking Procedure And Deposits
  4. Insurance
  5. Surcharges
  6. Insolvency Protection
  7. Cutting Your Holiday Short
  8. Changes And Transfers By You
  9. Cancellation By You
  10. Changes And Cancellations By Travel Butlers
  11. Force Majeure
  12. Special Requests
  13. Disabilities And Medical Problems
  14. Our Responsibilities
  15. Excursions
  16. Your Behaviour
  17. Complaints And Problems
  18. Passport, Visa, Immigration Requirements And Health Formalities
  19. Conditions Of Suppliers
  20. Prompt Assistance
  21. Delays, Missed Transport Arrangements And Other Travel Information
  22. Advance Passenger Information
  23. Foreign Office Advice
  24. Car Hire
  25. Hotel Classifications And Tourism Levy
  26. The Travel Butlers Guest Information App
  27. Data Protection And Privacy
  28. Jurisdiction and Applicable Law

1. Contract

These Booking Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Travel Butlers Ltd, a company registered in England and Wales under company number 04827189. Our registered office address is at Astra House, The Common, Cranleigh, Surrey, England, GU6 8RZ (hereinafter called 'Travel Butlers', 'we', 'us', 'our').

We draw your attention to the following terms and conditions, which cover all website content and correspondence and all bookings made with us. Any contract with Travel Butlers is subject to these terms and conditions from which no person, other than a director of Travel Butlers, has the authority to depart.

Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking you confirm that you have had the opportunity to do so and to have actually done so before the contract between us comes into existence.

2. Quoted Prices, Payment Methods And Accuracy

Travel Butlers will quote prices in GBP Sterling (GBP), US Dollars (USD), or Euro (EUR) as appropriate.

Payment is accepted in all of the above currencies. Payment can be made as follows:

  • GBP and USD payments can be made with MasterCard, Visa or Amex cards via our secure online server or over the phone.
  • EUR payments can be made with MasterCard or Visa cards via our secure online server or over the phone.
  • GBP, USD, and EUR payments can be made by bank transfer (details on request).

Please note that the price of your holiday and the payment currency is set when the booking is initially confirmed, and the balance will be due in the same currency as the deposit was paid in.

We regret that for some short notice bookings and deposits we may not be able to accept payment by bank transfer due to the time it takes the funds to clear into our account. We do not accept payment by cheque and we cannot accept any type of payment by post.

Travel Butlers do not charge for processing payments made by credit or debit card. Although Travel Butlers will endeavour to keep all rates published on this website as accurate as possible, any price quoted on the website may be subject to alteration at any time and without notice due to unforeseen supplier increases. 

We reserve the right to make changes to and correct errors in quoted prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the correct applicable price at the time of booking.

Once a booking is confirmed by either a deposit or full balance payment, the price for that booking is fixed in the stated currency and would only increase or decrease in the circumstances covered in Clause 5 (Surcharges).

3. Booking Procedure And Deposits

Travel Butlers will create a tailor made holiday to suit your personal needs. A binding contract comes into existence between us when we receive the first payment from you to secure your bookings and we have issued a booking confirmation to confirm receipt of that payment and confirmation of your booking. No contract will exist between the parties until such monies have been received and we have issued you with our booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.

If your confirmed arrangements include an ATOL protected flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). 

A non-refundable deposit of 20% is normally required, but in certain circumstances Travel Butlers reserve the right to ask for a higher deposit or payment in full. The deposit (or full payment, if necessary) must be paid by the date stipulated.

We may require payment in full at the time of booking for any flights booked on your behalf by Travel Butlers.  Flights are normally booked at the lowest available cost and do not allow for cancellations or changes under the airlines standard terms - please request flexible flights when making your reservations if you think you might need to change your flight arrangements.

The balance owing must be paid no less than 60 days prior to the start of your chosen arrangements and the balance is payable in the same currency as the deposit was paid in.

For reservations made within 60 days of the start of your chosen arrangements, payment in full is required upon confirmation.

If either the deposit payment or the balance payment are not made within the due time, Travel Butlers reserve the right to make changes to the services booked, or to cancel any reservations made on your behalf. See sections on Changes By Travel Butlers and Cancellation By Travel Butlers for more details.

4. Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. In addition, we strongly recommend that you have cover for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and cancellation. If you are undertaking any sports or adventurous activities on your trip, including trekking, you should also make sure that your policy covers these. Please also ensure you read the policy conditions and exclusions.

If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

5. Surcharges

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

  1. the price of the carriage of passengers resulting from the cost of fuel or other power sources; and

  2. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or 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 and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. 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 the price of your holiday go down due to the changes mentioned above, 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.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

6. Insolvency Protection

All passengers booking package holidays with Travel Butlers Limited receive full financial protection for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation document.

ABTOT Franchise Member 5383The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for Travel Butlers Ltd, ABTOT member 5383 and ATOL number 10245, and in the event of their insolvency, protection is provided for the following:

  1. non-flight packages;
  2. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK;
  3. accommodation only bookings; and
  4. flight inclusive packages, flight only and linked travel arrangements (LTAs) sold as a principal under the ABTOT ATOL Franchise.

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Travel Butlers Ltd, company number 04827189.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call  ABTOT’s 24/7 helpline on +44 (0) 1702 811397 and advise you are a customer of an ABTOT protected travel company.

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

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. 

The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (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 or supplier 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 or supplier 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 or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under ABTOT.

If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under its scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited 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 ABTOT ATOL Franchise scheme.

For further information visit the ATOL website at www.atol.org.uk or the ABTOT website at www.ABTOT.com

7. Cutting Your Holiday Short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

8. Changes and Transfers by You

Changes
Once your booking has been confirmed, any requested changes (such as a change of date, length of stay, etc) should be notified to Travel Butlers as soon as possible, either by email or by telephone. Regardless of how a change is initially requested, an email from the lead passenger is required to confirm a change. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.

Please Note: Flights are normally booked at the lowest available cost and do not allow for cancellations or changes under the airlines standard terms - please request flexible flights when making your reservations if you think you might need to change your flight arrangements.

Where we can meet a request, all changes will be subject to payment of an administration fee of £40 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 9.

Any change of accommodation, reduction in the number of nights or reduction the number of people travelling will qualify as a cancellation, and that part of the accommodation being cancelled is subject to the cancellation terms given below.

Transfers
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  1. that person is introduced by you and satisfies all the conditions applicable to the holiday;

  2. we are notified not less than 7 days before departure;

  3. you pay any outstanding balance payment, an amendment fee of £40 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 9 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

9. Cancellation by You

If you decide to cancel some or all of your bookings, please notify us by email at once.  Cancellations are effective on the day they are received by the company at our UK office during standard office hours. Email cancellations sent outside of office hours or over weekends or UK public holidays will be received by us on the next working day.

Upon our receipt of written cancellation, we will issue a refund of the money paid to Travel Butlers, less a percentage of the value of the cancelled bookings (the cancellation fee). Please note that flights are payable in full at the time of booking and are non-refundable unless otherwise stated. The cancellation fee is calculated as a percentage of your quoted price (excluding flights and other non-refundable charges) accordance with the table below.

  • 61 days or more days prior to travel - Loss of deposit

  • 46 to 60 days prior to travel - 40% of the full value of the bookings being cancelled

  • 31 to 45 days prior to travel - 75% of the full value of the bookings being cancelled

  • 30 days or fewer prior to travel - 100% of the full value of the bookings being cancelled

Some special offers and services may require a higher deposit or payment in full at the time of booking, and these are usually non-refundable in case of cancellation unless you are notified otherwise. Gorilla and chimpanzee permits are 100% non-refundable.

If the reason for your cancellation is covered under the terms of your personal travel insurance, you may be able to reclaim these charges from your insurer.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:     

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause 9 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10. Changes and Cancellations by Travel Butlers

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes
If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used on our website may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

    1. A change of accommodation area for the whole or a significant part of your time away.

    2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

    3. A change of outward departure time or overall length of your arrangements by more than 12 hours.

    4. A change of UK departure airport except between:

      1. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
      2. The South Coast airports: Southampton, Bournemouth and Exeter
      3. The South Western airports: Cardiff and Bristol
      4. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
      5. The Northern airports: Liverpool, Manchester and Leeds Bradford
      6. The North Eastern airports: Newcastle and Teesside
      7. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

    5. A significant change to your itinerary, missing out one or more destination entirely.

Cancellation
We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i    (for significant changes) accepting the changed arrangements; or

ii   having a refund of all monies paid; or

iii  accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or

iv  if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.  

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

  1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

  2. If we cancel your booking and no alternative arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

 Compensation per person*

More than 60 days

NIL

31-60 days

£20

15-30 days

£30

Less than 14 days

£40

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

    1. where we make a minor change;

    2. where we make a significant change or cancel your arrangements more than 60 days before departure;

    3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

    4. where we have to cancel your arrangements as a result of your failure to make full payment on time;

    5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

    6. where we are forced to cancel or change your arrangements due to Force Majeure (see clause 11).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

11. Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, plagues or pandemics (including, but not limited to the ongoing effects of Covid-19 and/or any other strain of the coronavirus) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc.. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

12. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

13. Disabilities and Medical Problems

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

14. Our Responsibilities

  1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended), as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

  2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
    1.  the acts and/or omissions of the person affected; or
    2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
    3. Force Majeure (as defined in clause 11).

  3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
    1. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

    2. Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

    3. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
      1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

      2. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

      3. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

  4. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

  5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

  6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
    1. which 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

    2. relate to any business.

  7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

  8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

15. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with 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. 

16. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

17. Complaints and Problems

Should you have any complaints about any aspect of your holiday arrangements, you must immediately inform the supplier of the arrangements concerned and either Travel Butlers in the UK or our local emergency support representative as identified in your travel documents. Problems can most easily be dealt with on the spot. Please note, if you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then we cannot accept any liability in respect of that problem or complaint. It is sensible for Travel Butlers to expect a client travelling in the developing world to be reasonably resourceful if things go wrong.

If the issue cannot be resolved locally you can contact us in the UK on our 24 hour emergency telephone service. The number will be found in your Travel Documents and in the Travel Butlers Guest Information App.

In the unlikely event that an acceptable solution cannot be found, you should then write to us within 28 days of your return with full details of your complaint. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.  

If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.

Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY.

This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.

18. Passport, Visa, Immigration Requirements and Health Formalities

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Up to date travel advice can be obtained from the Foreign Commonwealth and Development Office, visit https://www.gov.uk/travelaware

Non British passport holders, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.

 

19. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us.  Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions.  Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

20. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence. 

21. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at airports in the UK and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community, which will be relevant where your holiday includes a flight within the EU.

Our advertising material is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

 

22. Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

23. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 11).

24. Car Hire

If your booking includes car rental, we will issue you with a voucher to hand in when you collect the car. The main named driver will be required to produce a credit card and driving licence when you pick up the hire car, however you will have already prepaid for hire car and the only additional charges at the end of the rental period will be for additional items.  This would include late return of the vehicle, returning the vehicle without a full tank of fuel, electronic road tolls, speeding and parking fines, or the insurance excess in the event of an accident.

25. Hotel Classifications and Tourism Levy

The hotel classifications given on our website, quotations, itineraries and guest information sheets are for guidance only. They are not based on any national or international classification system, they are the opinions of our staff or agents and are quite subjective. The photographs that appear in the accommodation section of your quotation are indicative only and may not be of the exact room you have been quoted for.

The accommodations used reserves the right to add an additional Tourism Levy onto your final bill.  This varies by destination and type of accommodation, but is typically 1% of the cost of the accommodation booked.

26. The Travel Butlers Guest Information App

Use of the Travel Butlers Guest Information App is subject to the App Privacy Policy and Terms and Conditions of Use.

27. Data Protection and Privacy

By making a booking with us, you agree we may use and disclose the personal information you provide about you and the other people travelling with you for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines and our technology partners to administer the services we provide, and may involve sending your information to countries that don’t have an equal level of privacy legislation to that in the UK); for our own market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as banks and credit card companies, or the police); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of email, post, SMS and/or telephone if you’ve agreed we can, or if we’re providing you with offers and information on similar products and services to those you have purchased (and you haven’t have opted out of such marketing at the time of booking).

We may need to collect information from you (or the people travelling with you), that is sensitive personal data because it relates to a medical condition or dietary requirement, and this may need to be passed to our service providers, such as airlines and hotels to provide appropriate catering and accommodate special requirements you have. Telephone calls to us may be recorded for training and quality purposes and for preventing / detecting crime. We will use the email address you’ve provided to send you your travel documentation, and we’re entitled to assume that the email address you’ve provided is correct and that you understand and accept the risks associated with using this form of communication.

If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to privacy@travelbutlers.com and head your email with the words “Subject Access Request”.

Please refer to our Privacy Policy for full details of our data practices.

28. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.