1. ABOUT SILVER GREEN
1.1 Your contract will be with Specialised Travel Ltd trading as SILVER GREEN, which is a fully bonded member of the Association of British Travel Agents (ABTA) (ABTA number V7795) and appointed by the International Air Transport Association (IATA).
1.2 Holidays which include flights are ATOL protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 2178. 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, as per the Package Travel, Package Holidays and Package Tour Regulations 1992. For further information, visit the ATOL website at www.atol.org.uk. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA.
YOUR FINANCIAL PROTECTION:
1.3 We provide financial protection for our package holidays.
a) When you buy a flight-based holiday from us, you will receive financial protection for your flight-based holiday under our ATOL licence (detailed above), and you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
b) We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
c) If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
1.4 Financial protection for non-flight packages. As bonded members of ABTA, when you buy a package holiday from us that does not include a flight, then financial protection is provided by way of our ABTA bond, as per the Package Travel, Package Holidays and Package Tour Regulations 1992.”
2. TO MAKE A BOOKING
2.1 When you make a booking you must complete the Booking Form accepting on your own behalf and on behalf of all your party (for whom you have authority to accept) the terms of these Booking Conditions and pay a deposit of the amount per person specified. A contract will exist when we issue our confirmation invoice. Your contract will consist of these Booking Conditions, the completed Booking Form and the contents of the relevant promotional literature.
2.2 The contract is governed by English law and the non-exclusive jurisdiction of the English courts.
2.3 The balance of the price of your holiday must be paid at least 8 weeks before the departure date. If the balance is not paid in time, we reserve the right to cancel your holiday and retain your deposit.
2.4 We make no charge if you pay by cheque, Barclays Connect, Debit card or by electronic transfer. However, should you choose to make payment by Visa, Mastercard or American Express, we will make a charge of 2% of the total price of the holiday.
3. WHAT IS INCLUDED IN THE PRICE
3.1 We reserve the right to alter the prices of any of the holidays shown in the promotional literature. The current price of the holiday will be notified to you before your contract is confirmed.
3.2 All SILVER GREEN holidays are inclusive of the following:
3.3 The price of your travel arrangements can vary due to changes in: transportation costs e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator; Government action such as increased in VAT or any other government imposed increases; currency in relation to adverse exchange rate variations. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, excluding insurance premiums and any amendment charges, will be absorbed by us. You will be charged for the amount over and above that, plus an administration charge of £1 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel and receive a full refund of all moneys paid, except for any amendment charges. Whether you cancel or not you will also be entitled, under the terms set out in respect of major changes (Alterations and Cancellations by us) to accept from us an offer of alternative travel arrangements if we are able to do so and compensation as set out below.
3.4 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. 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.
3.5 The price of your holiday was calculated using exchange rates quoted in the “Financial Times Guide to World Currencies” in relation to: Euros.
3.6 We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date of your final invoice.
3.7 Should your holiday include flights, please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
4. ALTERATIONS AND CANCELLATIONS BY THE CLIENT
4.1 If, after our confirmation has been issued, you wish to change to another of our holidays or modify, at any time, the arrangements on the tour itineraries shown, we will do our utmost to make the changes provided that notification is received in writing at our offices from the person who signed the Booking Form. We reserve the right to charge a non-refundable amendment fee of £35.00 per person in addition to any increase in the cost of the revised arrangements. 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.
4.2 You, or any member of your party, may cancel your holiday at any time provided that the cancellation is made by the person signing the Booking Form and is in writing. As certain travel arrangements and bookings cannot be changed after confirmation, cancellation incurs administration costs; we will retain your deposit, and in addition, may apply cancellation charges up to the maximum shown in Clause 4.3 below.
4.3 Period before departure within which written confirmation is received and amount of cancellation charge shown as a percentage of the holiday price:
More than 70 days
70 - 42 days
40% of holiday cost
65% of holiday cost
30 – day of travel
100% of holiday cost
4.4 No refund will be given after the commencement of travel except at our discretion.
Please note that if the reason for your cancellation is covered under the terms of your insurance policy then you may be able to reclaim these charges.
5. ALTERATIONS AND CANCELLATION BY US
5.1 It is possible that we may have to make changes to your holiday as the arrangements are planned many months in advance. Occasionally changes may be made, and we reserve the right to do so at any time. Most of these changes are minor and we will advise you at the earliest possible date. If your holiday includes flights; Flight timings and carriers in the promotional literature are subject to change as a result of airline procedures which are beyond our control. Flight timings in the promotional literature are for guidance only. Actual times will be given on your ticket. In accordance with EU Regulations we are required to advise you of the actual carrier operating the flight, connecting flight (if any) and transfer. The potential carriers likely to be used are as set out in the promotional literature. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change will be deemed as a minor change. Other minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
5.2 If a major change becomes necessary, we will inform you as soon as reasonably possible if there is time before departure. When a major change occurs you will have the choice of either, accepting the change of arrangements, accepting an offer of available alternative travel arrangements of comparable standard from us or cancelling your holiday and receiving a full refund.
5.3 We reserve the right in any circumstances to cancel your holiday. For example, if the minimum number of people required for a particular travel arrangement is not reached, we reserve the right to cancel the tour up to 70 days in advance. In this case we offer the choice of an alternative tour of comparable standard, if available (we will refund any price difference if the alternative is of a lower value), or a full refund of all moneys paid. In other circumstances we will not cancel your holiday less than 56 days before the scheduled departure date except for reasons of Force Majeure or your failure to pay the final balance. If it is necessary to cancel your travel arrangements then we will pay to you compensation as set out at Clause 5.4 below.
5.4 If it is necessary to cancel your holiday (except for reasons of Force Majeure) or make a significant change after the date when payment of the balance becomes due, we will in addition pay you compensation as follows:
Period before departure within which notification of change or cancellation is given
Compensation per person
More than 56 days
56 – 42 days
41 – 25 days
24 – 16 days
15 – 1 days
Please note compensation is not payable in the case of minor changes. The compensation offered does not exclude you from claiming more if you are entitled to do so.
‘Force Majeure’ means any unusual or unforeseeable circumstances beyond our control, including but not limited to, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
6. TRAVEL DELAY
We are unable to accept responsibility for expenses incurred as a result of travel delay (but see our insurance details for cover). For scheduled flights, the individual airline policy will apply.
7. ALTERATIONS TO WALKING ITINERARIES
7.1 Regular walkers will appreciate that weather and local environmental conditions can change without notice. Every effort is made to obtain and pass on to you up to date information in this regard. It may be appropriate to cancel or alter a particular walk if the conditions become unsuitable, such alterations being a result of events entirely outside of our control. We will always do our utmost to find a suitable alternative if possible if the weather and local conditions allow it.
8. OUR LIABILITIES TO YOU
8.1 We accept responsibility for ensuring that the holiday you book with us is supplied as substantially described by us and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. However, we will not be liable where any failure in the performance of the contract is due to you; or a third party unconnected with the provision of the travel arrangements and whether the failure is unforeseeable or unavoidable; or unusual and 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 we or our suppliers, even with due care, could not foresee or forestall.
8.2 We accept responsibility for the negligent acts and/or omissions of our employees, agents or suppliers. Our liability in all cases, except where they lead to death, bodily injury or illness, shall be limited to a maximum of two times the cost of the original travel arrangements.
8.3 Our liability in respect of carriage by air, sea or rail and any provision of accommodation will be limited in a manner provided by the relevant international conventions (for example, the Montreal Convention for travel by air, the Athens Convention for travel by sea, the Berne Convention for travel by rail and the Paris Convention for accommodation), which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Travel by air or sea shall be subject to the general conditions of contract of the carrier (the contractual terms of the companies that provide the transportation for your travel arrangements are incorporated into this contract), subject to which the tickets are issued.
8.4 If you, or any member of your party, suffers death, illness or injury whilst overseas arising out of activity which does not form part of the foreign inclusive holiday arrangements or excursion arrangements through us, we shall at our discretion, offer advice, guidance and assistance to help in resolving any claim you may have against a third party. We limit the cost of our assistance to you or a member of your party to £5,000 in total. Where legal action is contemplated and you want our assistance you must obtain our authority prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves.
8.5 If you are prevented from travelling on an aircraft because in the opinion of any person in authority at the airport you appear, by reason of intoxicating liquor or use of drugs, either to be unfit for travel or likely to cause discomfort or disturbance to other passengers, our responsibility for your journey, including any return flight thereupon ceases. You must accept responsibility for your proper conduct and we therefore have the right to terminate our contract in circumstances of serious misconduct by you or any member of your party.
8.6 Under EU law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be available at EU airports and will also be available from airlines. However, please note that reimbursement in such cases does not automatically entitle you to a refund of the cost of your holiday from us. Your right to a refund and/or compensation from us is set out in Clause 5. If any payments to you are due from us, then if the airline makes payment of these to you then such sum will be deducted from this amount. If your airline does not comply with such rules then you can complain to the Air Transport Users’ Council on 0207 2406061 or www.auc.org.uk.
9. DATA PROTECTION POLICY
9.1 In order to process your booking and to ensure your travel arrangements run smoothly and meet your requirements, we need to use the information you provide to us, such as name, address and any special needs/dietary requirements. We take full responsibility for ensuring that proper security measures are in place to protect your information.
9.2 We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels and transportation companies. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. Additionally, where a holiday is outside the European Economic Area (EEA), controls on Data Protection in your destination may not be as strong as the legal requirements in this country.
9.3 We will only pass information on to persons responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, dietary or religious requirements. If we cannot pass this information to the relevant suppliers whether in the EEA or not, we cannot provide your booking. In making your booking you consent to this information about you and the members of your party being passed on to the relevant persons. You are entitled to a copy of the personal information held by us. If you would like to see this, please contact us. We may make a small charge of £10 for providing this information to you.
10. PASSPORTS, VISAS AND HEALTH
10.1 You and your party’s specific passport, visa and other immigration requirements are your responsibility and we do not accept responsibility for the validity of your passports or visas or for the refusal of visas by the Issuing Authorities. You should therefore confirm these with the relevant authorities. We shall not be liable for any loss, expense, cost, damage, injury or loss of enjoyment suffered as a result of such invalidity or loss.
10.2 British subjects require a passport. We will provide information about visas and health requirements and can also apply for visas on your behalf for a small fee and handling charge. If you do not hold a valid EEC passport, please inform us at point of booking. Although we can apply for any visa on a client’s behalf, we cannot be held responsible for declined visas and normal cancellation charges will be levied should this occur. Higher charges may also be applied to non-British citizens and late applications which will be charged accordingly. For further advice visit the FCO website, www.fco.gov.uk or telephone ABTA on 0901 201 5050 (50p per minute).
10.3 You must inform us at time of booking of any allergies, dietary requirements and medical conditions, so that we can advise you accordingly during your stay. UK residents should obtain a European Health Insurance Card (EHIC) which has replaced the E111. This entitles you to state provided medical treatment within other European countries. (Please note that you are still likely to meet some charges for treatment and it remains a booking condition that you have adequate medical and travel insurance.) For information on how to obtain a EHIC call 0845 606 2030 or go to www.ehic.org.uk
11. PHYSICAL FITNESS AND MOBILITY
11.1 Our walking holidays are in mountainous areas and your booking is accepted on the condition that you are in general good health and that you are physically and mentally fit and able to cope reasonably with the demands of your chosen itinerary without assistance from any tour leader or other party member.
12.1 If you have a problem with your holiday please inform the relevant supplier and our representative who will endeavour to put things right quickly. If your complaint cannot be resolved locally, your representative will ask you to make a report, the original of which is for you and a copy will be forwarded to our Head Office, as detailed on our invoice to you. Please follow this up within 28 days of your return home by writing to us giving your original tour reference number and all other relevant information.
12.2 It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of or in connection with this contract which cannot be amicably settled, may (if you so wish) be referred to Arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered by the Chartered Institute of Arbitrators. The scheme, details of which can be provided upon request, provides for a relatively simple and inexpensive method of Arbitration on documents alone with restricted liability on the client in respect of costs. The Arbitration Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per contract. Neither does it apply to claims which are solely in respect of personal injury or illness, or the consequences of such injury or illness. However, an amount up to £1,000 per person may be awarded within the total claim where such claim includes an element of minor illness or personal injury. If requesting Arbitration, complaints must be made within 9 months after the schedules date of return from holiday. Full details are available from the Association of British Travel Agents,30 Park Street,LondonSE1 9EQ.
13. SELF GUIDED WALKS - YOUR RESPONSIBILITIES
13.1 Whilst on the self-guided walks and for your own safety, you agree to undertake to follow the guidance in our walking notes, as well as advice provided by us or anyone on our behalf, to comply with local codes of conduct and to act sensibly and prudently at all times.
13.2 The information that we provide in our walking notes assumes you are of average fitness and walking ability. The information has not been focused specifically for your personal circumstances and it is therefore your responsibility to consider such factors as your physical fitness and any equipment that you might wish to carry when undertaking a self-guided walk. We cannot be responsible for loss, personal injury or death arising from any of the walks, except where death or personal injury arises from our negligence.
14. LOCAL EXCURSIONS
14.1 Please note that if you book an excursion locally your contract is with the local company providing that excursion and not Silver Green. Silver Green has no legal liability for any provision on services on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions.
15. SPECIAL REQUESTS
Any special requests made on your Booking Form are noted and we do our very best to comply with these wherever possible. However, although we do make every effort to meet your requirements, we cannot unfortunately give a guarantee.
16. TRAVEL INSURANCE
It is a condition of these Booking Conditions and your contract with us that you have comprehensive travel insurance cover.
If any part of these Booking Conditions is held to be invalid, unreasonable or unenforceable, such portion(s) shall be deemed as severable from these Booking Conditions and the remainder of these Booking Conditions shall remain in full force and effect and enforceable.
18. PROMOTIONAL MATERIAL
This promotional material is our responsibility, as your tour operator. It is not issued on behalf of any supplier or airline whose services are used in the course of your travel arrangements.
As a member of the Association of British Travel Agents (ABTA), we are able to introduce you to ABTASure, the only travel insurance recommended by ABTA.
ABTASure is arranged by Citybond Suretravel and underwritten by Cigna Europe Insurance Company S.A.-N.V.
Specialised Travel, trading as Silver Green, is an Introducer Appointed Representative of Citybond Suretravel for the sale of travel insurance and we have negotiated discounts on the ABTASure schemes for our clients.
Covering single trips of up to 100 days for those up to 75 or up to 31 days from 76 to 85 years of age, this policy is ideal for family holidays, weekend breaks, cruises, coach tours, camping or business travel.
With a limit of 50 days for any one trip and with 17 days Winter Sports cover available up to age 65 years, this policy is ideal if you travel frequently for business or leisure.
Referral Code 56275.
Please use the above code to receive the premium discounts:
Online at www.abtasure.co.uk
By phone on Freephone 0845 618 0333