This is our agreement with you
Please read these booking conditions carefully before confirming your booking
Any information appearing on our website which is relevant to your holiday will form the basis of your contract between Chestnut Travel (in these conditions referred to as “us” or “we” or “our” as the context requires) and all persons named on your booking form (in these conditions referred to as “you” or “your” as the context requires and includes everyone named on the booking form which must be signed by you and including any amendments).
1. Contract
(a) When you book a holiday with us you intend to make a contract. Once we accept your booking which will only be when payment details being supplied verbally or otherwise by you to us, a contract is in place between you and us.
(b) Your booking is then subject to the “Booking Conditions” and both you and us are bound.
(c) A confirmation invoice will then be issued and it is your responsibility to check all the details are correct and to notify us within 48 hours of receipt or before the date of travel whichever is earliest. As verbal descriptions, agreements, requests and alterations to these terms and conditions can be misunderstood and are hard to confirm or clarify subsequently the company accepts no responsibility for them. All communications, agreements and descriptions that are to form the basis of this contract, or alter it, are to be made in writing. For items to be included in the contract the client should submit them in writing and the company must accept them in writing.
2. The Holiday Price
(a) All our prices include all the items specified in the itinerary as described on our website together with any extras and special requests detailed on your booking form and confirmed with our confirmation invoice.
Surcharges:
(b)(i) The price of your holiday can be varied due to circumstances beyond our control. We will not impose any surcharges on the price of tour arrangements less than 30 days before departure.
(b)(ii) In the case of small variations we will absorb an amount of up to the first 2% of any surcharges that apply. Surcharges may be imposed to cover increases in transportation costs, including the costs of fuel, dues, taxes or fees chargeable for services or the exchange rates applied to the particular holiday. If this means you are obliged to pay more than 10% of the holiday price you are entitled to cancel your holiday with a full refund of all monies paid except for any amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days of the date printed on the final invoice. On the other hand if any of the costs to us as listed in the above (i.e. fuel costs, taxes, dues etc) decreases and the result is that the price of your holiday is reduced by more than 2% then you will be offered an equivalent refund.
(c) We reserve the right to change any of the prices, services or other particulars contained on our website at any time before we enter into a contract with you. If there is any change we will notify you before we enter into such a contract.
3. Payments by You
In order to confirm your chosen holiday, a deposit of £ 100 per person (or full payment if your booking is received within 10 weeks of departure) must be paid at the time of booking. The full price of the holiday you have booked with us must be paid to Chestnut Travel in Sterling at least 10 weeks before departure. If full payment is not made at least 10 weeks before departure the company reserves the right to cancel the booking and retain the deposit. Balances paid by credit card are subject to a 2.5% charge.
4 (a). Amendments by You
We will always try to comply with alterations to the booking where possible but will charge an amendment fee of £ 20 per person to cover any charges imposed on us by the suppliers of the component part of the package. All amendment requests are subject to availability and must be made in writing by email or post by the person who made the booking.
4 (b). Transfers of Bookings to Others
You may transfer your entire booking to other people (introduced by you) in the following circumstances:-
(i) The person(s) wishing to take over your booking must meet any conditions which apply to your holiday and must agree to be bound by our booking conditions.
(ii) You or the person(s) taking over your booking must pay any final balance due before the name change is made.
(iii) Any request to transfer your booking must be made in writing by email or post at least 14 days before the start of your holiday. The person who made the booking and give full details of the proposed new passenger must make the request. At the same time that person must send us by post documentary proof of the reason which prevents you from traveling together with any travel documentation already issued to you by us.
(iv) You may be asked to pay an administration fee of £ 20 per name change together with any additional charges which our suppliers may impose or incur.
5. Alterations by Us
Our tours have been carefully arranged. The specifications on our website and details of the itineraries are as accurate as possible. However our tours are planned far in advance and changes can become desirable or unavoidable. Most operational changes are of a minor nature and although the company is not obliged to inform you we may well do so. Where it is necessary to make a “significant change” we will inform you as soon as possible before you depart. Significant changes may include: -
We have to change the accommodation.
We have to change the itinerary by fifty per cent.
We need to reduce your stay by over 12 hours.
These are only examples. You may then: -
a) Accept the change.
b) Book any other holiday from our website subject to availability and where the price is less we will refund you the difference, or where the price is more you will be expected to pay us the difference.
c) Cancel your booking and receive a full refund of all monies paid. In addition we will pay compensation at our discretion of an amount which is reasonable taking into account all the circumstances. An example of where it would not be deemed appropriate to award compensation would be if a significant change resulted from force majeure or there are low bookings (as defined below).
6. Cancellation by You
If you cancel your booking or any or all of the persons named on the booking form a charge will be made which varies according to the notice we receive of a written cancellation signed by the person who signed the booking form.
41-29 days before departure 40% of the total holiday price
28-15 days before departure 60% of the total holiday price
14-8 days before departure 80% of the total holiday price
7-3 days before departure 90% of the total holiday price
2 days and day of departure 100% of the total holiday price
The travel insurance we recommend may cover cancellation for the reasons specified in the policy.
7. Cancellation by Us
We reserve the right to cancel your booking though this is an extremely rare occurrence. Should this happen the company will notify you by telephone or email or if we are unable to contact you by either of these methods, by post and offer you the choice of an alternative holiday if possible. You will be entitled to book any other available holiday (where the cost is less you will be refunded the difference but where the cost is more you will be expected to pay the additional cost or entitled to receive a full refund. In addition you will be entitled in the same circumstances and as appropriate as set out at 5 above) in relation to significant alterations before departure to receive compensation. For the avoidance of doubt we will not be liable for refunds for additional travel costs such as for connecting flights or other travel arrangements if the reservation was not made through us.
8. Passports
A valid in-date passport is necessary for all clients. For UK residents it is advisable to apply for a passport or a renewal as early as possible before departure. The UK Passport Service has over 2,000 High Street partners throughout the UK like, for example, selected Post Office branches. If you or anyone named on the booking form changes their name between booking the holiday and traveling you should contact us so that we can make the change in plenty of time. Appropriate documentation e.g. marriage certificate should be carried if the passport has not been amended. For residents of other EU states please ensure that you inform us of your nationality when you book.
9. Visas
British citizens require a full British passport for traveling to France and Germany or other EU countries. Visas are not required by British nationals but you will need to have a valid passport. If you do not hold a current British or EU passport, you should check the visa regulations with the relevant embassy. We will not be responsible if you fail to travel with a proper valid passport and you will have to reimburse us if we incur any expense in assisting you in such circumstances.
10. Health and Safety
Clients are advised to contact the Department of Health concerning the leaflet “Health Advice for Travellers” by telephoning 0800 555 7777 or their doctor. The company advises that anyone who is not in general good health, or is pregnant, or elderly, or suffers from any condition should only travel with their doctor’s consent and they should ensure that they bring correct medicines. From 1 January 2006 you will need a European Health Insurance Card (EHIC) to receive healthcare that becomes necessary during your visit to an EEA country or Switzerland. You can apply for an EHIC online via the website at www.dh.gov.uk and your card will be delivered within about 7 days or by calling the EHIC Applications Line on 0845 606 2030 and your card will be delivered within about 10 days or by post – pick up an EHIC application pack from your local Post Office branch and your card will be delivered within about 21 days.
11. Fitness
If you have any difficulty walking or there is any other factor which makes it difficult for you to take part in any part of the tour arrangements unaided or may affect your ability to enjoy your holiday, you must discuss the tour with us prior to booking or inform us should the above become the case after you book. Some accommodations we provide are not suitable for wheelchairs. If you use a wheelchair you must notify us of this before you book your holiday.
12. Insurance
It is essential that the client obtains comprehensive travel and medical insurance before traveling and that your policy covers you for the activities you want to undertake. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses, which might arise as a result of loss, damage, injury, delay or inconvenience. We are happy to recommend Holiday Extras - Call 0870 844 27 42 quoting Chestnut Travel no AD828.
13. Behaviour of the Client
(a) The client undertakes to deport himself in any orderly fashion, not to disrupt the enjoyment of others or to prejudice our reputation with suppliers. The holiday of anyone named on the booking form in breach of this clause shall be terminated forthwith and we shall have no further contractual obligation towards that person who will be liable for all damage and losses caused by his or her actions.
(b) We will end the holiday of any person who in our opinion is likely to cause distress; damage or danger to or annoy any of our customers, employees, suppliers or anyone else (hereinafter referred to as being “unfit”).
(c) If you are prevented from traveling because we think you or a member of your party are unfit we will not be liable if another is unable to complete your holiday arrangements and we will not be liable for any refund, compensation or other costs.
(d) We cannot be held responsible for or accept liability for the behaviour of others in your tour or if facilities are withdrawn as a result of their action.
14. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss as a result of, "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.
15. Liability
a) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any fault of ours, or our agents or suppliers. When we talk about “fault” above this means failure by ourselves or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(i) The fault of the person(s) affected or any member(s) of their party or
(ii) The fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
(iii) 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 clause)
(iv) The fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum 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, for example, 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 on our website and we have not agreed to arrange them.
b) 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 which gave rise to the claim or complaint 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 the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question.
c) * We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) 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 have not received any benefit at all from your holiday.
* Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount we will have to pay you is £30 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see clause below.
d) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention which applies to the travel arrangements or hotel stay in question (for example the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Please note where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. 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. Copies of these Conventions should be available at your local reference library. The suppliers provide their services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. In making the various arrangements detailed in this brochure we act as an agent for hoteliers. However we accept that as far as you are concerned we are an organizer as described by the Package Travel, Package Holidays and Package Tours Regulations 1992. This voluntary acceptance of liability of our part is designed to enhance your consumer protection.
e) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 17 below. If asked to do so you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18 their parent or guardian must do so). You must also agree to co-operate fully with our insurers and us if our insurers or we want to enforce any rights which are transferred. We take great care to ensure descriptions of all parts of the holiday are as accurate as possible. However we cannot be liable if for a reason beyond our control this description is inaccurate in detail or certain facilities, restaurants or cellars mentioned, are unable to receive us as described, as they may for instance change hands or change their policy regarding accepting visits.
16. Our Suppliers
Hoteliers, transfer companies, coach companies and other suppliers have their own booking conditions or conditions of carriage and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier and they are often also subject to various international conventions.
17. Data Protection
We will provide your name to the hotels and to other suppliers where necessary which will generally (but not always) be located outside the UK to enable the operation of the services requested by you. If you make special requests which include but are not limited to special dietary or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you.
18. Complaints
We have done everything we can to give you an enjoyable holiday and indeed it is very important to us that you do have a good holiday as we passionately believe that holidays are important. If you are in any way dissatisfied with any aspect of your holiday you must immediately notify the hotelier, carrier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction straight away, you must contact us with full details by telephone/fax/email within 48 hours. Until we know about a problem or complaint, we cannot assist. Most problems can be dealt with quickly.
This is so that you can give our suppliers and us the opportunity to where possible, resolve any problems on the spot before they can spoil your holiday. If you are ill whilst on holiday you must in addition to reporting your illness to our General Manager, consult a local doctor and also your GP on return to the UK. Should you wish to make a claim against us as a result of that illness you must provide us with details of both the local doctor whom you saw and your GP together with written authority for us to obtain a medical report from both these doctors. If you think that you are entitled to compensation from us you must write to us outlining the nature of the complaint within 30 days of the end of the tour. Failure to follow this procedure may reduce or extinguish any rights that you may have to make a claim against any relevant supplier or us. 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 note those of the UK. As a general rule these requirements or standards will not be the same as the UK and may sometimes be lower.
19. Arbitration Clause
a) Disputes arising out of or in connection with these conditions or their construction or concerning anything contained in it or arising out of it or in connection with it or as to the rights, duties or liabilities under them shall be referred to an arbitrator to be agreed by the parties themselves or in the event of failure to agree shall be appointed by the President for the Law Society of England and Wales for the time being.
b) Submissions to the arbitrator with their proposals for an award to be made by him and the arbitrator shall in his award adopt without modification the whole of the proposals made by one of the parties.
20. Law and Jurisdiction
The contract between the client and the company and any matters arising from it shall be subject to English Law and to the jurisdiction of the courts of England and Wales. If the client is resident in Scotland or Northern Ireland the courts of Scotland or Northern Ireland can deal with disputes.
21. Contacting Chestnut Travel
If you have any questions relating to our website conditions of use please let us know by sending an email to
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Alternatively please write to:
Chestnut Travel
49 Duke Street
Glossop
Derbyshire
SK13 8DU
United Kingdom
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