YOUR AGREEMENT WITH DIAMOND SKIES LIMITED
These Booking Conditions, together with our privacy policy and our website terms of use, together with any other written information we bring to your attention before we confirm your booking, form the basis of your contract with Diamond Skies Travel Ltd, a company registered in England and Wales, with company number 11554224 and registered office address The Granary, Pound Lane, Woodnewton, Peterborough, PE8 5DY (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. By signing below or clicking “I agree” at the end of this agreement on our website, or by another method indicating your acceptance, or by checking the box on our website stating that you have read this agreement, you agree to be bound by its terms. 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.
You further agree on behalf of all persons detailed on the booking that:
a. You have read these Booking Conditions and have the authority to and agree to be bound by them;
b. You consent to our use of information in accordance with our Privacy Policy;
c. You are at least 18 years old and where placing an order for services with age restrictions, you declare that you and all members of the party are of the appropriate age to purchase those services;
d. You accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
e. You are responsible for the members of the party.
All prices and payments shall be processed in Euros (€).
1. Booking & Paying for Your Arrangements
A booking is made with us when you pay us a deposit of 25% of the cost of the arrangements and we issue you with a booking confirmation. A failure to pay this deposit means that your booking will not be confirmed. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not 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.
The remaining balance for the arrangements will be paid in three further instalments, the dates of which are scheduled below. Should you fail to adhere to these payment deadlines, we reserve the right to treat your booking as cancelled by you and the cancellation charges set out in Clause 6 will become payable.
2. Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
3. Insurance
We strongly encourage you to obtain trip cancellation and interruption insurance and additional health insurance to protect against financial loss from unforeseen accidents, illness, and/or loss of baggage. 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. If you choose to travel without adequate insurance coverage, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Pricing
We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed trip. The price of your confirmed booking is subject at all times to changes arising from government action such as changes in VAT or any other government imposed changes, and changes in the exchange rates of currency, and we reserve the right to pass on to you any increases in the price of your confirmed booking as a result.
5. Jurisdiction and Applicable Law
You agree that your contract with us shall at times be governed by English Law and that this agreement shall be deemed to have been made in England, regardless of where in the world you may reside. You further agree that the courts of England will have exclusive jurisdiction over all matters arising out of or related to this agreement and your trip, and you hereby submit to the personal jurisdiction of those courts.
6. No Shows and Cutting Your Trip Short
If you do not show up at the starting point of a trip for any reason, or if you decide not to participate due to State Department warnings, fear of travel, or the like, or if you decide or are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. Depending on the circumstances, your travel insurance may offer coverage for curtailment and we suggest that any claim is made directly with them.
7. If You Change Your Booking
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of €55 per person per change, as well as any further costs we incur 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.
8. Transfer of Booking:
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of €55 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out in clause 8 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
9. If You Cancel Your Booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
10. If We Change or Cancel
If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, or make any other alterations to your booking we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept said changes then you may cancel your booking and we will give a refund of all money you have paid to us.
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “Force Majeure” (see clause 10) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance provider.
11. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we will not be liable if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office or similar government authority to avoid or leave a particular country may constitute Force Majeure. We have no special knowledge regarding the financial condition of the suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
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
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. 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. Complaints
We make every effort to ensure that your trip arrangements run smoothly but if you do have a problem during your trip, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. You can also contact your Tour Director if you have one on your tour. If your complaint is still not resolved, please contact us at info@diamondskiestravel.com .
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
15. Your Behaviour
All our trip participants 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 the guide, if there is one, 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 participants 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.
Participants must behave in accordance with the local laws of the country they are visiting, particularly in relation to buying and drinking alcohol and shall not drink alcohol to excess. Participants are not permitted to take illegal substances on our trips or excursions. Any person(s) suspected of partaking in illegal drug taking or substance abuse or otherwise behaves in a manner which is unreasonable or unacceptable may be excluded from activities and asked to leave the trip without any entitlement to a refund. Where party members are under 21 years of age and/or students, the first named person on the booking or teacher shall have responsibility for party members under their care and shall ensure this Clause 14 is fully adhered to.
Participants who are given the option to swim, walk or hike shall partake in such activities in a cautious, safe and responsible manner and ensure they have suitable travel insurance. Participants who do not wish to partake in specific activities can choose to sit out but there is no obligation to provide alternative arrangements.
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.
16. Our Responsibilities
(1) We act only in the capacity of agent for the suppliers of the travel services named in your Itinerary or otherwise providing services or goods in connection with your tour, such as railroads, airlines, hotels and other lodging providers, local hosts,sightseeing tour operators, bus lines, car rental companies, driving services, restaurants, and providers of entertainment.
(2) We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
(3) 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:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier) control, the consequences of which could not have been avoided even if all due care had been exercised;
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled; or
(e) strenuous activity and walking on uneven terrain. The pace is up to you, but we have no liability for injuries resulting therefrom.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause to twice the price paid by or on behalf of the person(s) affected in total. This maximum will only be payable if you or your party have not received any benefit at all from your booking.
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.
(5) 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.
(6) 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.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) 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
(b) relate to any business.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. 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.
17. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on your trip 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.
18. Passport, Visa and Immigration Requirements & 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.
If one parent or guardian plans to bring a minor child without the other parent or parents, some nations have very strict documentation requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please check with us you are unsure about the visa requirements for your travel destination,
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.
19. Conditions of Suppliers
Many of the services which make up your trip 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. Miscellaneous
You hereby consent to our use of pictures or video of you in our marketing materials without compensation. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this agreement, the reservation form, and the itinerary, this agreement shall apply. We reserve the right to decline to do business with anyone on a non-discriminatory basis.
A LARGE PRINT COPY OF THIS AGREEMENT IS AVAILABLE UPON REQUEST.
Signature: _____________________________
Name: ________________________________
Date: _________________________________