Introduction and Financial Security
Please read these booking conditions carefully, since they, along with the information in any itinerary, or costings sheets, set out the terms and conditions of the contract between you and us. When you have made a booking with us, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and other information set out in our literature. Your contract will be with Burleigh Travel Ltd. When you buy an ATOL protected air package, or flight from us you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 4572. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. If you buy arrangements other than a package holiday then this financial protection and other conditions will not apply i.e. accommodation only, tours without transport. Please contact us if further clarification is required. For non flight tours we are members of Protected Trust Services (PTS) which ensures all consumers money is fully protected by Clients Trust Account and it is Package Travel Regulation compliant. Please note that existing or re-scheduled booking made prior to 01.09.20 will still be covered by our ABTA bond.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on our site, please check these Terms periodically for changes.
1. Your Reservation
All bookings are made and accepted subject to the terms set out in these conditions. When you instruct us to confirm your booking, we will do so immediately and you should pay your deposit at that time. A booking confirmation will automatically be raised and sent to you. It is on dispatch of either this booking confirmation or receipt of a signed booking form that a contract is made between us incorporating these conditions. Please note that all deposits paid are non-refundable.
The price of your holiday is subject to surcharges if increases occur in our accommodation suppliers rates, transportation costs (including fuel), dues, taxes (such as increases in, or imposition or change in VAT, or other Government imposed taxes), or fees chargeable for services such as landing taxes, embarkation/disembarkation fees at ports and at airports and exchange rates or other factors that have bearing on our costs . In the case of all increases and surcharges we will endeavour to advise you as soon as possible and we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged and we will forward an amendment invoice reflecting any changes made. However, if the surcharge means paying more than 10% extra on the holiday price you will be entitled to cancel your holiday with a full refund of all monies paid with the exception of any monies paid to us in respect of insurance premiums and amendment charges. If you do decide to cancel because of this you must do so within 14 days of the date of issue of the amendment invoice. No surcharges will be applied within 30 days of your departure. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, 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. The UK government has announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports, within a new Emissions Tax, known as Aviation Duty. At this time we are not aware of the final details of the new Duty and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.
3. If We Change Your Holiday
We plan the arrangements for holidays and tours many months in advance and although it is unlikely that we will have to make any changes to your confirmed arrangements, this does occasionally happen, and we reserve the right to make such changes at any time. Unless specifically stated in our quote your accommodation is booked on an ‘unnamed’ basis, so any perceived change in this element would not constitute a change to your holiday. Most changes are of a minor nature and in the event of a minor change, we will endeavor to inform you as soon as possible before departure, but will not be obliged to do so or to pay you any compensation. Sometimes, major changes are necessary to your flight or accommodation. A major change is one of the following:
(a) A change of your time of departure by more than 12 hours,
(b) A change of resort area, or
(c) A change of accommodation where the new accommodation is of a lower classification.
(d) A change of airport (but not the change of a London airport, or if the alternative airport is within a reasonable distance of the original one).
If we have to make a major change to your holiday you may either
(a) Accept the changed arrangement; or
(b) Purchase another holiday or tour from us if one is available; or
(c) Cancel your holiday and obtain a full refund.
The options noted above will not apply if the changes are caused by circumstances beyond the companies control, such as fixture cancellation, decisions made by the RFU, FA or similar sporting bodies and this would not be seen as a major change.
In addition, in appropriate cases, we will pay compensation of an amount which is reasonable taking into account all of the circumstances. We will not consider it appropriate to award compensation if, for example, we are forced to make a major change for reasons of force majeure. Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers, world health organisation or foreign office advice, closure or congestion of airports or ports, or other similar events beyond our control.
You should note that flight timings and carriers are for guidance only, and are subject to change, for example as a result of airline procedures, late check-ins, or other circumstances beyond our control. The final details will be confirmed on your tickets, which should be checked when you receive them. We will not be liable to pay compensation for any flight delays, as these are covered by insurance and clients are urged to insure against cancellation.
Where, after departure, a significant proportion of the services forming part of your holiday are not or cannot be provided, you will have the choice of returning to your point of departure and receiving a pro-rata refund for the cost of the remainder of your holiday, or accepting alternative arrangements. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances.
For the avoidance of doubt the options noted above do not apply if the changes are caused by circumstances beyond our control i.e. Force Majeure. Force Majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor the suppliers of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activities, industrial disputes, natural disasters, pandemics and epidemics fire or adverse weather, fixture or festival cancelation, decisions or restrictions from sporting bodies and all similar events beyond our control.
4. If We Cancel Your Holiday
4.1 We reserve the right, in any circumstance, to cancel your holiday or tour. We reserve the right to cancel your holiday or tour in any circumstance, without reason, if it is more than 8-12 weeks from the scheduled departure.
4.2 We will not cancel less than 12 weeks before the scheduled departure date, unless for the reasons as detailed in Condition 3 (Changes to your Holiday) and Condition 7 (Booking & Payment).
4.3 If we cancel your holiday or tour in accordance with clause 4.1 of this agreement we will return to you all monies paid, or offer you an alternative holiday of comparable standard. Upon offering you these options we will have no further liability to you.
4.4 If we do cancel your holiday, and the cancellation is for the reasons set out in Condition 3 (excluding Force Majeure), we will return to you all monies paid, or offer you an alternative holiday of comparable standard. Upon offering you these options we will have no further liability to you.
4.5 If you fail to make payment on time, and we cancel your holiday for the reason set out in Condition 7, we will not return any deposit or monies paid. Upon cancellation we will have no further liability to you.
5. Our Liability to You
We promise to make sure that all parts of the holiday/tour we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what our employees, agents and suppliers do or do not do. However please note that we will not be liable for injury, illness, death or consequent losses suffered by you or any member of your party unless you are able to prove that such injury, illness, death or consequent losses was caused by a lack of reasonable care and skill on the part of ourselves or our suppliers. And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following;-
(a) the fault of the person(s) affected or any member(s) of their party or;
(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or;
(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see force majeure)
(d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
Burleigh Travel cannot assume responsibility for your group members during your tour and as such ensuring acceptable conduct and general safety whilst carrying out the tour is the responsibility of the group leaders/teachers that travel with the group. Teachers / tour organisers are also responsible as part of their procedure for the school / club sanctioning of a sports tour, for evaluating, assessing and ensuring the safeguarding of the pupils they have agreed to take part in the tour.
In addition, we will not be responsible (i) where you do not enjoy your holiday or suffer any problems due to something about which you did not tell us when you booked your holiday/tour and where the problems you suffered did not result from any breach of our contract or other fault of ourselves, our suppliers or agents (ii) where any losses, expenses, costs or other sum which you have suffered relate to any business. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or literature and we have not agreed to arrange them. 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 regulations of the Country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the complaint or claim complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with UK laws and regulations of the UK which could have applied had those services been provided in the UK. In respect of travel by air, sea and rail, our liability will in all cases be limited as if we were carriers under the appropriate Conventions which include;- The Athens Convention, The Montreal Convention and the Berne/Cotif Convention. In all cases except where personal injury, illness or death results, our liability is limited in total to twice the holiday price of the person(s) affected.
6. If You Have a Complaint
We do try to ensure that your holiday / tour with us is as enjoyable as possible, but occasionally things do go wrong. If they do, the following is the procedure to be followed:-
During your holiday: It is important that you immediately inform your courier, resort representative or Burleigh Travel who will try to put things right quickly. If your complaint cannot be resolved locally, complete a report form outlining your complaint within 28 days of your return home by writing (by Recorded Delivery) and take effect from the date received by us to :- 32 Lansdown, Stroud, GL5 1BG – quoting your booking reference number and giving all relevant details of your complaint.
It is a condition of these booking conditions that you follow the procedures outlined in this paragraph in the event of a complaint and that any complaint is made by the tour organiser themselves.
7. Booking, Payment and Insurance
The person who makes the booking is responsible for all payments in respect of the booking. Your reservation will be made definite upon payment of the agreed sum on our booking form or any interim deposit. It is a condition of accepting this booking that you are adequately insured on your holiday / tour and you can provide proof of this at least 6 weeks prior to your departure. Failure to do so will mean you have breached the conditions of the booking and your tour can be cancelled as set out under section 9 of this contract. We allow 7 days from confirmation of the booking for monies to reach us by post. If we do not actually receive the money within this period, we will automatically cancel your reservation and we cannot be held responsible if that holiday or tour is subsequently not available. The full balance of all flight tours must be received by us at least 12 weeks before the departure date unless subsequent arrangements have been confirmed in writing. Other non flight based tours may vary and deadline dates will be noted on your receipt of payment advice. Consequently for bookings made within 12 weeks of departure full payment must be received at the time of this booking. If payment is not made in accordance with the above conditions together with any interim payment deadlines, your booking may be cancelled and charges set out below will be payable. If an interim payment is required, we will advise this in your Receipt of Payments/Invoice.
8. Changes by You
If you change your booking you must confirm in writing the alterations you require. We have no obligation to make any changes, but we will do our best to help you. We reserve the right to charge an administration fee of £50 per name change if advised more than 42 days before departure or £75 if within 42 days of departure. Any other changes that you make to your booking will incur an administration fee of £50 per change. The administration fee that we charge is in addition to any charges levied by ground operators, hotels or airlines. If you are booked on a group tour, you obtain the advantages of travelling as part of that group and you will be expected to travel outbound and inbound with the group, however, we may be able to offer some flexibility subject to availability. To cover the extra administration incurred, we will levy a charge of £50 per individual request together with additional airfares or charges levied on us by the airlines and other suppliers of services. It should also be noted that a reduction or increase in the numbers traveling in the group from those originally booked, may have an effect on the overall price per person i.e. your price per person may be increased as your tour price will be re-calculated for the new party size e.g. to take into account apartment under occupancy etc. The price of your new travel arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your tour. If you are prevented from travelling on the tour, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer from one person to another is also dependent on the availability of tickets; permits and other travel arrangement, as some of these are regulated by local law and are not transferable from one person to another. A transfer fee of £50 is payable, and additional costs such as airline tickets may also be payable. Your price may vary if the contents of the tour change from the original, e.g. the numbers travelling, number of nights hotel accommodation etc.
9. Cancellation Charges
If you cancel your booking, advise us that you will be no longer travelling on the booked departure date or fail to take out adequate insurance, land and air cancellation fees will apply. Notification of cancellation must be made to us by letter or email. The date when written confirmation of cancellation is received by us will determine the charges applicable. Cancellation charges will be calculated as set out in the table below and will be notified to you by invoice within 2 weeks of cancellation.
|Period before departure date in which you notify us||Cancellation charge expressed as a % of total tour cost|
|More than 84 days||Deposit and all interim payments plus any non-refundable and non-transferable costs, or £200 per person, whichever is greater|
|84-56 days||50% plus any non-refundable and non-transferable costs, or £400 per person, whichever is greater|
|55 – 29 days||75% plus any non-refundable and non-transferable costs, or £600 per person, whichever is greater|
|28 – 0 days||100%|
If one or more members of your party cancel, this may mean that the holiday price of the remaining members may be increased to reflect this.
The definition of loss of ‘deposit only’ as detailed above refers to the amount requested on our costing sheet or shown on our Receipt of Payment form. This will be the minimum deposit lost on cancellation regardless of any lower amount paid by yourself.
Any additional costs incurred by us as a result of your cancellation must be met by you.
Covid-19 – Cancellation terms for any booking re-arranged due to the Covid-19 pandemic will be subject to the cancellation terms of the initial booking. I.e. if your trip was changed or cancelled within 30 days of the original departure date 100% cancellation fees will apply.
10. Fixtures & Tournaments
We take all possible steps to ensure all agreed matches, festivals and tournaments actually take place and consequently our success rate has been excellent. On occasions, due to circumstances beyond our control a match, festival or tournament may not take place and it is a condition of this contract that Burleigh Travel can not be held liable for this. In addition we can’t be responsible for changes or decisions made by sporting bodies such as the RFU, FA etc. We would also stress that the dates of games, kick off times and opposition shown on our itineraries can change due to fixture commitments of the host clubs and we can not be held liable for changes of this nature.
The acquisition of any Permission that you are required to obtain to enable your tour to proceed and/or play tour fixtures is your responsibility. Refunds will not be possible should you not be able to obtain the permissions that you require.
It is a condition of your booking that everyone within your group who plays in a festival or match has booked their accommodation through Burleigh Travel.
11. Miscellaneous Conditions
Certain airline ticket regulations specify that on flights, both the outbound and inbound sections of the air ticket must be used. In the event that the outbound flight is not used, the person concerned will not be allowed to return on the inbound charter-flight. We recommend that you should check-in for your flight two hours before ticketed departure time. Failure to do so may result in you being refused permission to board the aircraft and we cannot be held liable. Should anyone be refused admission to the flight, or the destination country, or to the UK on return by the airline, or the government authority then we are powerless to assist and cannot be held responsible for any costs involved.
Please note that to be classed as an infant, in accordance with Air Navigation Regulations, a child must be under 2 years of age on the date of their return flight. We reserve the right at our absolute discretion to terminate without notice the holiday of any person whose conduct, or behaviour in our opinion justifies it. The accommodation supplier, captain of any aircraft, or driver of any coach also has the right to refuse to carry, or to off-load any person mis-behaving. In either case, we shall be under no further liability to provide any part of that person’s holiday, or travel arrangements, or for any further costs incurred by such a person. You also agree to indemnify us against any claim or expense we may suffer or incur arising from any damage caused to any property by yourself or any member of your party while on holiday.
The contract incorporating these Booking Conditions is governed by English Law, all claims should be subject to the exclusive Jurisdiction of the English Courts. For certain tours a security bond payment is required, if instructed to pay this, failure to comply will mean your booking will be cancelled and charges as set out above will apply.
The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes
12. Special Requests
Should you have any special requests, you must notify us of these at the time of booking. We will inform the relevant supplier but regret that we cannot guarantee that these requests will be met.
13. Passports and Visas
Various visa and health requirements are applicable to the various countries we offer packages for. While it is ultimately the responsibility of the client to arrange all the necessary documentation and health formalities we will assist where possible. Burleigh Travel will not be liable for failure to arrange these requirements.
14. Financial Protection (Burleigh Travel Ltd, 4572)
Burleigh Travel have always had consumer protection in place to make good any money paid to us in the event of the financial collapse or failure of an airline, hotel or any other provider. This pledge has been honoured since the foundation of Burleigh Travel over 25 years ago and no client has suffered financial loss from such a failure.
We are ATOL Protected
Flight based tours are protected through our Air Travel Organisation Licence (ATOL) which has been granted to Burleigh Travel by the Civil Aviation Authority (ATOL number 4572). This ensures that in the very unlikely event of our insolvency you will be able to continue with your holiday as planned (if you are already abroad) or be refunded in full (if your travel has not already commenced). Additionally, we are subject to binding obligation under the ATOL to protect clients’ funds in the event of financial collapse of an airline.
PTS Client Trust Account & Package Travel Regulations
For non-flight tours from 01.11.20 we became members of Protected Travel Solutions (PTS) which ensures all consumers money is fully protected by Clients Trust Account and it is Package Travel Regulation compliant.
15. Occupancy of Accommodation and Room Lists
All our costings are based on full occupancy of the accommodation units and any under occupancy will be subject to surcharges. Full room lists must be supplied no later than 12 weeks prior to travel and failure to do so can result in the cancellation of your tour.
16. Number Bands and Rates
Our costings sheet set out the per person cost of our tours. We should make it clear that these prices will be applied depending on the number of persons making the booking at the outset. The price that will be charged to any persons wishing to join the tour at a later stage will be at our discretion. If, having made a booking, a member or members of your group decide to cancel, the cost will be recalculated based on the new total number traveling and the revised per person cost will be that applicable to the band into which the new group size falls.
17. Disabled Clients
We are not a specialist disabled holiday company, but we will do our utmost to honour any special requirements you may have. Before making a booking we will need to know if you have any medical/physical/mobility needs which might affect how and if we can deliver all of your chosen holiday services. These needs may affect your flight, transfers or the suitability of your accommodation or other aspects of your holiday. We would ask therefore that you submit any special needs/requirements to us in writing before making a reservation. We cannot be held liable if you fail to tell us about any special requirements that may affect the quality of your holiday/tour.
18. Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address and any special requirements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. The information may also be provided to security or credit checking agencies, public authorities such as immigration if required by them or as required by law. Additionally where your holiday is outside the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however pass any information onto any person not responsible for part of your travel arrangements. This applies to sensitive information that you give us such as details of any disabilities/religious requirements. In making this booking you consent to this information being passed on to the relevant person(s). We will confirm the details we hold about you on request.
We do not share any information with third parties, but we would like to hold your information, where collected by us for our own future marketing purposes. If you do not wish to receive such information in the future please inform us as soon as possible.
20. Registered Address / Trading Name
Our company’s registered address is 32 Lansdown, Stroud, Gloucestershire, GL51BG. We are registered under the name Burleigh Travel Limited and trade under the same name. Our company number is 3648042, registered in England and Wales.