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Booking Form and T&Cs


 

T&Cs And Booking Form

1. Your Contract with Earthbound Expeditions – UK

When you make a booking with ‘Earthbound Expeditions Ltd’, company registered in England & Wales under company number 7854223 and you undertake that you have the authority to accept and do accept these booking conditions on behalf of yourself and your clients. A contract will exist upon our accepting any monies from you towards the booking, or upon the issue of our Confirmation/Invoice, whichever is the earlier. These conditions in conjunction with the information set out in our published literature, tailored made package or website form the entire agreement between yourself and ourselves.

2. Making a Booking: When you or your travel agent makes a booking with ‘Earthbound Expeditions’ and we accept it, you must immediately pay a deposit of 30% of the cost, whichever is greater in respect of the services supplied by ‘Earthbound Expeditions’.

After we receive your deposit or balance, a confirmation/invoice will be sent to you or your travel agent setting out all the travel arrangements and balances remaining. Balance must be paid in full no later than 8 weeks prior to departure. If you are departing within 8 weeks then the total cost of the Trip is payable in full when the booking is made. If either deposit or balance is not paid on time we reserve the right to cancel your arrangements with ‘Earthbound Expeditions’ and levy the cancellation charges set out in clause 5 below. Payment retained by ‘Earthbound Expeditions’ in the event of cancellation must be no more and no less than the cancellation charges set out in clause 5 below.

3. Prices: Prices are fixed at the time of booking and generally will not be subject to surcharges. The only exception to this will be an increase in our costs arising as a result of any government action including but not limited to new or increased taxes such as VAT, political, currency exchange drop at the time of the booking and natural disaster. Should you decide to cancel because of this then you must exercise your right to do so within fourteen days from the date we advised you or your travel agent of the amount due.

4. Changes by You: If you wish to change your booking with ‘Earthbound Expeditions’ in any way, and we can accept the change, it will apply provided that your instructions in writing are received two months or more prior to departure. Thereafter, except as provided by applicable law, cancellation charges, as specified in clause 5 below, apply.

5. If you cancel your booking: You may cancel a confirmed trip. However, as Earthbound Expeditions will charge you the cancellation charges listed below. The days below refer to the number of days prior to start date of the trip purchased, and the value mentioned is the cancellation charge:

  • 75% refund of total trip price for a cancellation made 80 days prior to the original departure date.
  • 50% refund of total trip price for a cancellation made 40 days prior to the original departure date.
  • 0% refund of total trip price for a cancellation made 39 days or fewer days prior to the original departure date.

You can make a cancellation by sending an e-mail or post to Earthbound Expeditions Ltd clearly stating in the title of the e-mail “cancellation of a confirmed trip”. Earthbound Expeditions will acknowledge your cancellation within 5 working days of the date of the e-mail or mail. Any monies receive that are greater than the cancellation penalties, will be refunded. The entitled refunds will be paid to you within 21 days of a cancellation being made.

6. If we amend your booking: Due to the nature of our holidays it may be necessary for us to make changes to your itinerary, which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date of any changes. Flight timings and carriers set out in publicity material are subject to change and all details given to you are for guidance only. Confirmed dates will be as shown on your ticket and/or tour voucher.

As we do not control the day-to-day management of your accommodation, it is possible that we may be advised that the reserved accommodation may not be suitable or available to you upon arrival at your destination. If this happens, we will endeavor to provide accommodation of at least the same standard. If only accommodation of a lower standard is available then we will refund the difference between the accommodations booked.

7. IMPORTANT NOTICE: We are not responsible for changes which arise as a result of events outside of our control, such as technical or maintenance problems with means of transportation, changes imposed by re-scheduling or cancellation of flights by an airline or main chartered, war or threat of war, civil strike, industrial disputes, natural disasters, bad weather or terrorist activity.

8. If we cancel your booking: We reserve the right in any circumstance to cancel your booking. However, in no case will we cancel your booking less than 8 weeks prior to departure unless it is for reasons outside of our control or for late or non-payment by you. If we have to cancel your booking (other than for late or non-payment by you) you will have a choice of taking an alternative holiday, (where this is of a lower price we will refund the difference to you, however, if the holiday is of a higher price you will be expected to pay the difference) or cancelling the contract in which case a full refund will be paid to you. Occasionally we will have to cancel a trip due to under booking. If a tour is cancelled due to under booking then we will inform you no later than 8 weeks prior to departure.

9. Financial Security: We are a “Tour Operator” for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992 (“Regulations”) and in order to comply with the Regulations financial protection has to be accorded to you which would protect you in the event of our insolvency. (Awaiting confirmation from insurance renewal).

10. Our liability

  1. Our obligations, and those of our suppliers providing any service or facility involved in any part of your Holiday/ Trekking/Excursion, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our suppliers’, obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
  2. For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (iv) below, should any part of your Holiday/Trekking/ Excursion not be as described in the brochure or elsewhere by us before you leave the U.K. If we accept liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation in accordance with English law. However, the maximum we will pay you in any circumstances is twice the price of the original Holiday/Trekking/ Excursion cost. This maximum will only be payable when every aspect of your Holiday/Trekking/ Excursion has gone wrong and you have not received any benefit from your Holiday/Trekking/ Excursion. Any sums received by you from suppliers, such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions), will be deducted from any sum paid to you as compensation by us.
  3. For claims which involve death or personal injury as a result of an activity forming part of your Holiday/Trekking/ Excursion, we accept liability subject to paragraph (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) and (vii) below, pay you reasonable compensation in accordance with English law.
  4. We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v), (vi) and (vii) below except where the cause of the failure in your Holiday/Trekking/ Excursion or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the Holiday/Trekking/ Excursion and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
  5. Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions, for the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your Holiday/Trekking/ Excursion.
  6. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled to complaint.
  7. If you or any member of your party suffers illness, injury or death, through misadventure, as a result of any activity which does not form part of your contracted Holiday/Trekking/ Excursion arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person/s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to us of £1000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
  8. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Holiday/Trekking/ Excursion.

11. Conditions of carriage / accommodation: We are neither a carrier nor a provider of accommodation. Each journey (whether undertaken or not) that you book by land, sea or air is governed by the conditions of the carrier undertaking to provide that carriage. Some of these conditions limit or exclude liability and are often the subject of international agreements. Copies of the applicable agreements are available for inspection at the offices of the carrier concerned.

It is your own responsibility to re-confirm the onward or return sectors of any air journey with the carrier concerned or such carrier’s duly authorized agents and according to such carrier’s regulations. When you book accommodation or flights (whether provided or not) its availability or provision is subject to the ‘house rules’ of the hotel or other accommodation providing or undertaking to provide such accommodation.

12. Contact: We reserve the right in our absolute discretion to terminate your arrangements without notice should your behavior, such that it is likely in our opinion to cause distress, damage, annoyance or danger to any other person. In such circumstances, no refund or compensation will be due to you.

13. Insurance: We cannot stress enough the importance of your taking out adequate holiday insurance of your holiday/Trekking or Excursions, Your Holiday insurance is not covered in the cost. Should you elect not to effect suitable travel insurance cover despite this advice, then you undertake on behalf of yourselves and all members of your party to indemnify both ourselves and our overseas agents and representatives (as applicable) for any costs that arise which would otherwise have been met had such insurance cover been taken out.

14. Complaints: We do our very best to ensure that your holiday arrangements go according to plan. However, if you have a complaint arising out of what we have agreed to provide for you please let us know at the earliest opportunity, if necessary by telephoning our UK office or Nepal office from wherever you may be. If a problem arises during your Holiday/Trekking or Excursion it is important that you advise the supplier and/or our representative at the earliest opportunity who will endeavor to put things right.

If your complaint cannot be resolved locally you should advise us within 28 days of the incident, in writing, giving your original booking reference number or the Holiday Code and all other relevant information. If you fail to follow this simple procedure Earthbound Expeditions cannot accept responsibility

15. Applicable law: This contract between us and these booking conditions are governed by and construed in accordance with English Law. Both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.