TRAIMITR TOUR BOOKING CONDITIONS
The following Booking Conditions form the basis of your contract with TRAIMITR TOUR. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, "you" means all persons named on the booking (including anyone who is added or substituted at a later date). "We" means TRAIMITR TOUR.
1. Making your booking
You may book by fax or by email. The first named person on the booking will be treated as the party leader. The party leader must be at least 18 and must be authorized to make the booking on the basis of these Booking Conditions by all persons named on the booking. All communications and travel documents will be sent to the party leader (not individual party members) who will be responsible for passing them on to other party members. Party leaders are responsible for organizing all payments due to us.
When we have received all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation invoice or any other document appears to be incorrect as it may not be possible to make any changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of our sending it out (5 days for tickets).
2. Payment
In order to confirm your chosen holiday, a deposit of 25 per person (unless otherwise stated) or full payment if booking within 4 weeks of departure must be paid at the time of booking. For insurance see clause 7. The balance of the holiday cost must be received by us not less than 4 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be payable.
3. Your contract
Except for booking made within 10 days of departure, a binding contract between Traimitr Tour and the party leader automatically comes into existence 7 days after we despatch out a confirmation invoice to you. If you do not wish to accept our Booking Conditions (which will accompany our confirmation invoice) or for any other reason go ahead with the booking, you may cancel it and have your money back providing the party leader tells us in writing before this 7 day period expires. For bookings made 10 days or less before departure, a binding contract comes into existence at the end of the telephone conversation when you book (if booking by telephone and paying by credit card) or when we issue a confirmation invoice. This contract and all matters arising out of it are governed by Thailand law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by the Courts of Thailand and Wales only. Changes to these Booking Conditions will only be valid if agreed by Traimitr Tour in writing.
4. The cost of your holiday
We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of the booking.
5. Changes by you
Once a binding contract comes into existence, changes cannot be made. Bookings and names on the booking cannot be transferred. The cancellation charges set out in clause 6 will be payable by anyone named on a confirmed booking who does not travel.
6. Cancellation by you.
If everyone named on a booking wishes to cancel, the party leader must immediately advise us in writing. If individuals wish to cancel, they or the party leader must immediately advise us in writing.
The notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking and may be unable to re-sell your holiday, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums. Insurance premiums are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which written notification of cancellation is received by us and cancellation charge per person cancelling,
28 days or more deposit
14-27 days 70%
7-13 days 80%
3-6 days 90%
2 days or less 100%
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
7. Insurance
We consider adequate travel insurance to be essential. Details of the policy we offer are available on request. Our insurance may be purchased up to and including the day of departure. If you decide not to purchase this insurance, you must sign our indemnity agreeing to be responsible for all costs which would have been covered if insurance had been taken (copy available on request).
Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies.
8. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make a "significant change". When we refer to a "significant change" in these Booking Conditions, we mean one or more of the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or major part of the time you are away, a change of accommodation area for the whole or major part of the time you are away or a change of outward departure time or overall length of time you are away of twelve or more hours. All other changes are treated as "minor" changes.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
9. Force Majeure
We regret we cannot accept liability or pay any compensation where the performance or prompt performances of our contractual obligations is prevented or affected by "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier 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, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
10. Our Liability to you
(1) The accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers. However, subject to these Booking Conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable where any failure to perform or improper performance of the whole or any part of our contract was due to:-
(2) the act(s) and/or omission(s) of the person(s) affected or
(3) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
(4) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.
(5) It is a condition of the acceptance of liability set out in clause 10(1) of these Booking Conditions that you notify us of any claim you and/or any member(s) of your party has in accordance with clause 11 "Complaints and problems".
(6) In all cases, our liabilities in respect of air, sea, rail and road carriers and hotel keepers are limited as if we were carriers/hotel keepers within the applicable international conventions. For all claims which result from international carriage, compensation can only be paid in those situations where the carrier concerned would be obliged to pay compensation under the relevant international convention were a claim made against that carrier in that particular situation.
11. Complaints and problems.
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the Thailand giving your booking reference and full details of your complaint. We regret we cannot accept liability in relation to any complaint or claim which is not notified entirely in accordance with this clause.
12. Behaviour
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions.
We expect all clients to have consideration for other people. If in our opinion or in the opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility towards such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Special requests, medical problems, general requirements and dangerous activities.
If you have any special request, you must advise us in writing at the time of booking. Special requests cannot be guaranteed and failure to comply will not be a breach of contract.
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking.
Our holidays are party tours which suit outward going, energetic young people. Large quantities of alcohol are usually consumed. Please consider whether this is the right sort of holiday for you before you book.
Bull running is inherently dangerous, death and injury occasionally occur. Participation is entirely at your own choice and risk. You are responsible for your own safety and well being. We do not encourage you to engage in any dangerous activity (eg. jumping off statues) or to drink excessively. We cannot accept responsibility if you drink too much or engage in dangerous activities and suffer injury, illness, death, loss or damage as a result.
14. Financial security
We operate a client trust account. This means that your money will be refunded if your holiday cannot be provided due to our insolvency.
15. Brochure Accuracy
Please note, the information and prices shown in this brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
16. Delay
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure.
17. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the Thai. As a general rule, these requirements and standards will not be the same as the Thai and may sometimes be lower.