Booking Conditions
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GoBus accepts bookings subject to the following conditions: |
Your Contract with GOBUS:To secure a booking GOBUS (the 'Company') or its agent requires a completed and signed booking form together with a non-refundable deposit of £150 (or equivalent) per person. Clients booking by telephone, facsimile, web or e-mail will be deemed to have read and accepted the Booking Conditions set out below. THEREFORE, PLEASE READ THEM CAREFULLY. A booking is accepted and becomes legally binding only from the date when the Company has confirmed its acceptance in writing and issued a confirmation invoice. It is at this point that a contract between the Company and you (the 'Client') comes into existence. The Contract is between the Company and the Client, being all persons named on the booking form travelling or intending to travel with the Company. The person signing the booking form (which incorporates these conditions) warrants that he/she has full authority to do so on behalf of all persons whose names appear on the booking form (the 'Party'), and confirms that all such persons are fully aware of and accept these conditions. However, for the avoidance of doubt, that person's signature confirms his or her responsibility for all payment due in respect of all persons within the Party. No agent or employee of the Company other than a director has the authority to vary or omit any of these conditions or promise any discount or refund.
Payment for your Holiday:The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company or their agent not later than 56 days before departure. The Company will not accept responsibility for any monies sent by post. The Company reserves the right to pass on any charges relating to returned cheques and credit card charge backs. Payment can be made by debit cards and all major credit cards. The Company reserves the right to charge 3% of the total of all monies due in relation to payments made by credit card. In accordance with mail order regulations, all documents will be posted to the billing address of the credit/debit cardholder and not the address of the passenger (unless they are one and the same). The Company will not be responsible for documents mislaid or lost in the postal system. Documents can be sent by registered post or courier but will be subject to an additional fee. In the case of non-payment of the balance by the due date, the Company will treat the booking as cancelled by the Client and reserves the right to charge the Client a cancellation charge in accordance with the scale set out in paragraph 5 (below). Monies paid to an agent acting on behalf of the Company, for tours operated by the Company, are held by the agent on behalf of the Company.
Changes by the Client:Any changes to the original booking (for example, hotel, passenger names but not departure dates (see below) must be confirmed in writing by the person signing the booking form and must be accompanied by an administration fee of GBP£25 (or equivalent) per booking in addition to any further costs that the Company may incur. Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed. A change of departure date must be requested in writing by the person signing the booking form and must be accompanied by an administration fee of GBP£50 (or equivalent), unless the request is within 56 days of departure in which case cancellation fees will be applied as detailed in the paragraph on 'Cacnellations by the Client' (below).
Substitution of Client:If any number of the Party is prevented from travelling it may be possible to transfer the booking to another suitable person provided that written notice is given at least 56 days prior to departure. An administration fee of GBP£50 will be charged plus any additional costs that are imposed on the Company. Airlines may impose 100% cancellation charges and the cost of a new ticket.
Cancellation by the Client:The Client may cancel the booking at any time provided that the cancellation is communicated to the Company in writing. Cancellation charges will be applied as shown below calculated from the day when written notice is received by the Company. The more notice that the Company receives, the less the Company will charge the Client. However, in addition to the charges shown below many air tickets have no refund value whatsoever and, therefore, airlines may impose 100% cancellation charges and the cost of a new ticket.
Period before departure Cancellation Charge Airline tickets 100% of total airline ticket 56 days or more Forfeit of deposit In addition to the above cancellation charges, the full insurance premium is also payable in the event of a cancellation by the Client. If the reason for cancellation is covered by the Client's travel insurance policy, the Client may be able to reclaim these charges.
Changes by GOBUS:The Company's aim is to operate all routes as advertised but by entering into the Contract the Client accepts that it may prove necessary or advisable to vary or modify a route or its contents due to prevailing local conditions or any other reason. The Company reserves the right at any time to cancel or change any of the facilities, services or prices described in the brochure (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation to the Client and accepts no liability to the Client whatsoever for loss of enjoyment as a result of these changes. If a major change becomes necessary the Company will inform the Client as soon as reasonably possible. The definition of 'major change' will depend on the individual route and circumstances. When a major change is made the Client will have the choice of either: (i) accepting the change of arrangements; or (ii) purchasing another available route; or (iii) cancelling the pass or tour and obtaining a full refund. Provided that the major change is because of 'Force Majeure' or 'Low Bookings' (see below) compensation will be limited to GBP£50 per person travelling. 'Force Majeure' includes war, threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, closures or congestion at airports or ports, or other similar events beyond the control of the Company. 'Low Bookings' is where the minimum number of passengers to run a bus route and make it viable, as set out in the Company's brochures, is not achieved.
Cancellation by GOBUS:The Company reserves the right to cancel a route in any circumstances but, except for Force Majeure, Low Bookings or the Client's failure to pay the final balance, will not cancel a route less than 42 days before departure. Unless the Client fails to pay the final balance, the Company will, upon cancellation, return all monies paid excluding payment for travel insurance or offer an alternative pass or tour of comparable standard. No compensation will be paid to the Client if cancellation is because of Force Majeure or Low Bookings.
Surcharges:The Company reserves the right to increase the pass or tour cost to take account of the following: government action, currency exchange rates, transportation costs (including the cost of fuel), overflying charges, airport charges, local taxes and increase in scheduled air fares. If the surcharge results in an increase of more than 10% of the pass or tour cost excluding insurance premiums and amendment charges, the Client may cancel the booking within 7 days of being notified of the surcharge and obtain a full refund. No surcharge will be imposed within 28 days of departure.
Travel Insurance:The Client MUST take out suitable travel insurance in order to take part in a GOBUS pass or tour organised by the Company. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour.
Passports, Visas and Vaccinations:Clients must ensure that they are aware of all relevant passport and visa requirements and that they allow adequate time to obtain them. Please note that many countries require that passports are valid for six months beyond the period of the Client's stay. Requirements can change and it is the Clients' responsibility to ensure that they comply with current passport, visa and health requirements and take all necessary documents with them to gain access to any country or region which forms part of the GOBUS route. The Client will be solely responsible for any cost, loss or damage which he or the Company incurs as a result of a failure to obtain all necessary passports, visas and/or vaccinations.
Behaviour:It is the Clients' responsibility to ensure that he and the members of his Party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on the Clients' behalf, in which case the Company's responsibility to the Client ceases immediately. Therefore, the Company will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Client will be liable to reimburse the Company for any expenses whatsoever that it incurs as a result of such behaviour.
Age, Fitness and Participation:All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the Company's brochures. No unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by the Company, however older teenagers may travel provided that they are accompanied by a parent or a guardian who accepts full responsibility for them and subject, in all cases, to the ultimate discretion of the Company. Clients agree to accept the authority and decisions of the Company's employees, GOBUS Reps/tour leaders, and agents whilst on tour with the Company. If in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the touring arrangements, the Client may be excluded from all or part of the GOBUS route, in which case all monies paid will be forfeited and the Company will not be liable to pay any compensation whatsoever to such Client.
Local Laws:All participants in GOBUS routes operated by the Company are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve the Company of all obligations that it may otherwise have under the Contract.
Illness or Disability:Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the tour. Failure to make such disclosure will constitute a breach of these Booking Conditions and may result in such persons being excluded from the tour in which case all monies paid will be forfeited and the Company will not be liable to pay any compensation whatsoever. If the chosen pass or tour includes a cruise or excursion or transfer by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the tour/excursion but will enable the Company to take additional precautions for the Client's safety at such times as may be appropriate.
Complaints:If the Client has a complaint about any of the GOBUS arrangements, the Client must bring it to the attention of the GOBUS Rep or other representative of the Company at the time so that they may use their reasonable endeavours to rectify the situation. Failure to complain at the time will affect the Client's ability to claim compensation from the Company. Should the problem remain unsolved a complaint must be made in writing to the Company within 28 days of the completion of the GOBUS pass or tour. The Company accepts liability should any part of the GOBUS route arrangements booked not be of reasonable standard. In such a case, the Company will pay reasonable compensation if the Client's enjoyment of the GOBUS route arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of the Company or its partners and the reason for the failure in the GOBUS route arrangements was the Client's fault, or due to the actions of someone unconnected with the GOBUS route arrangements, or if the circumstances could not have been reasonably foreseen or avoided by the Company or its partners. The Client is also referred to the Company's right to make changes to any route, as set out at paragraph 6 (above).
GOBUS's responsibilities:The routes operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal 'package' holidays. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and that they undertake all routes and touring at their own volition. If a Client participates in an activity not included as part of a GOBUS pass or tour operated by the Company, the Client accepts all responsibility for taking part in such an activity and indemnifies the Company against any and all claims related to such an activity. Where the Client suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the GOBUS pass or tour arrangements booked with the Company, the Company shall only accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of the Company's employees, officers, agents, suppliers or sub-contractors. For the avoidance of doubt, the Company shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of the Company or its partners, or if the cause was the fault of the Client or due to the actions of someone unconnected with the tour arrangements or due to circumstances which neither the Company nor its partners could have reasonably anticipated or avoided. The Company's acceptance of liability to pay compensation pursuant to this paragraph 16 is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amounts set out in the provisions of, respectively, the Warsaw Convention 1929 (as amended by the Hague Protocol 1955), the Berne Convention 1961, the Geneva Convention 1973, the Athens Convention 1974 and the Paris Convention 1962. The Company's acceptance of liability under this paragraph 16 is subject to assignment by the Client to the Company of the Client's rights against any agent, partner or sub-contractor of the Company which is in any way responsible for the unsatisfactory holiday arrangements or the Client's death or personal injury.
Special Requests:If the Client has any special requests, he should inform the Company at the time of booking. The Company and its suppliers will try to meet such requests but, as these do not form part of the Contract, the Company does not guarantee to do so, including for pre-bookable seats. If the Company confirms that a special request has been noted or passed to the supplier or refers to it on the confirmation invoice or elsewhere, this is not a guarantee to meet it. The Client will not be specifically notified if a special request cannot be met. The Company does not accept bookings which are conditional on the fulfilment of any special request.
Flights:Please note that a flight described as 'direct' will not necessarily be non-stop. All departure/arrival times are provided by the airline concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. The Company is not liable if there is any change to a departure/arrival time previously given to the Client or shown on the Client's ticket. The Company is not responsible for any losses suffered if the Client is delayed and misses any flights - these matters are in the sole discretion of the airline concerned.
Departure Taxes:It is not always possible to include all departure taxes on the Client's ticket. In some cases departure taxes must be paid locally and these are payable to the Government of the country departed and are non-refundable.
Your Financial Security:GOBUS is a member of ABTA Reg. W4479 (Association of British Travel Agents) and ATOL Ref. 6109 (Air Travel Organisers License) and is fully bonded for the Client’s financial protection no matter where in the world the tour is booked.
Entire Agreement:The Contract constituted by the Company's acceptance of the Client's booking subject to these Booking Conditions shall constitute the entire agreement between the Client and the Company in relation to the relevant booking, and shall exclude all other terms and conditions (except for the relevant suppliers' conditions and any applicable international conventions) and shall supersede all prior or contemporaneous communication or information provided.
Governing Law:The Contract (incorporating these Booking Conditions)and all matters arising from it, is subject to English Law and the exclusive jurisdiction of the English Courts.
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