Terms & Conditions
For the purpose of these booking terms and conditions, references to:
|“we”, “us”, “our”||means Cape Seven|
|“you”, “your”||means you and each and every person included in your holiday booking (as amended from time to time)|
|“Unavoidable and extraordinary circumstances”||means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken|
- Your package holiday booking with us
Once you have submitted your pre-booking enquiry to us, we will start to build your package holiday. This process may take up to 7 working days to complete, whilst we liaise with our suppliers to find the best deal for you. We will then provide you with a quotation for your custom made package which will be based on your specific holiday requirements.
A booking will exist as soon as we issue our confirmation invoice. This booking is made on the terms of these booking conditions. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
When making your booking for your package holiday we will arrange for you to enter into contracts with the principal(s) or other supplier(s) (e.g. tour operator/airline/accommodation/events company) that are providing your travel services, named on your confirmation(s), for whom we act as agent. We are the package organiser, with responsibilities to you as set out in these Booking Conditions.
When you make your booking, you will be asked to pay a deposit per person that is sufficient enough to cover the initial payments required to confirm your booking. We will advise you what the deposit amount is in your quotation.
The balance of the price of your travel arrangements must be paid at least 60 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time, we shall retain your deposit.
- If you cancel your package holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be sent to email@example.com. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges (but please see also the exception to this below).
The cancellation charge applicable to your booking will cover the losses we have sustained as a result of your cancellation. This will include any cancellation fees levied by our suppliers. However, if we are able to make any cost savings (including where we are able to re-sell your package holiday to someone else) these will be deducted from the applicable cancellation charge.
Some travel services will attract up to a 100% cancellation charge from the supplier (including but not limited to flights and certain event tickets). We must therefore pass these charges onto you where you decide to make a cancellation.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance provider.
Exception - You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office (the “FCO”) and your right to cancel in these circumstances will only apply of the FCO advises against travel to your destination or its immediate vicinity.
- If You need to change your package holiday
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will try to make these changes for you but unfortunately it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking to firstname.lastname@example.org. You will be asked to pay an administration charge of £50.00, and any further cost we incur in making this alteration. 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 if you need to request a change. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
You may be able to transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible to email@example.com and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
- If we cancel your package holiday
Please rest assured that it would be in limited circumstances that we have to cancel your package holiday. However, we must reserve the right to cancel your booking. We will not cancel after the date the final balance of your package holiday falls due except where this is necessary due to unavoidable and extraordinary circumstances, or failure by you to pay the final balance.
If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we are able to offer one (we will refund any price difference if the alternative is of a lower value).
In the event a refund is paid to you, we will:
- provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
- pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).
|Period before departure in which we notify you of a cancellation||Compensation payable to you (per person)|
|More than 60 days||£10.00|
|30 – 59 days||£20.00|
|15 – 29 days||£30.00|
|14 days or less||£40.00|
This compensation in the table above does not exclude you from claiming more if you are entitled to do so.
- If we need to make changes to your package holiday booking
We reserve the right to make changes to the price of your package holiday after you have booked with us if there are changes in the price of any of the following:
i. the carriage of passengers where they are due to the cost of fuel or other power sources;
ii. the level of taxes or fees imposed by third parties including tourist taxes;
iii. applicable landing taxes or embarkation or disembarkation fees at ports and airports; and
iv. exchange rates.
We will not, however, levy the above charges within 20 days of your departure date.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. If, in these circumstances, you chose to cancel you must do so within the time period shown on your final invoice. We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the cost changes mentioned above, any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.
B. Other changes to your package holiday booking
Whilst we try to avoid making changes to your package holiday booking, we reserve the right to do so. If the change is insignificant, we will ensure that you are notified about it. Insignificant changes include (but are not limited to):
i. alteration of your outward/return flights by less than 12 hours
ii. changes to aircraft type
iii. change of accommodation to another of the same or higher standard
iv. change of carrier(s).
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services included in your package holiday we will let you know. You will then have the choice of:
i. accepting the change; or
ii. having a refund of all monies paid* or
iii. If we are able to offer you an alternative holiday, you can also accept this (we will refund any price difference if the alternative is of a lower value).
*If you choose to accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
We will let you know what the procedure is for making your choice, so it is important to read any notification of changes that we send to you carefully and respond promptly, as if you do not respond to us within the timescale given your booking may be cancelled.
Where a significant change is made, we will pay the following compensation to you unless the significant change is due to Unavoidable and Extraordinary Circumstances:
|Period before departure in which we notify you of a significant change||Compensation payable to you (per person)|
|More than 60 days||£10.00|
|30 – 59 days||£20.00|
|15 – 29 days||£30.00|
|14 days or less||£40.00|
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package holiday. If any of the travel services included in your package holiday are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
We will not be liable where any failure to perform or improper performance of the travel services is due to:
i. you or another member of your party;
ii. a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or
iii. Unavoidable and Extraordinary Circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from us by e-mailing firstname.lastname@example.org. Under EU law (Regulation 261/2004) 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 will be publicised at EU airports and available from airlines. Please note that reimbursement in such cases will not automatically entitle you to a refund of your package holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking terms and conditions. If any payments to you are due from us any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, but these exceptions will only apply if you notified us of these needs at least 48 hours before the start of your package holiday.
Please note - this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst you are participating in your package holiday.
- Protecting your money
We provide full financial protection for our package holidays by way of our association with the Travel Leaders Group UK Limited.
For flight-based holidays financial protection is through via Air Travel Organiser’s Licence number 79416 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0044 333 103 6350, email email@example.com. When you buy an ATOL-protected flight or flight inclusive holiday from us 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. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are not 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).
If we 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.
When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA – The Travel Association 30 Park Street London SE1 9EQ, www.abta.co.uk.
If you have a complaint about any of the services included in your holiday, you must inform us by contacting us by calling 0044 20 8313 0848 or emailing firstname.lastname@example.org without undue delay and we will endeavour to put things right.
If it is not resolved during your holiday, please follow this up as soon as possible after your return home, ideally within 28 days by writing to our Customer Services Department at Winterton House 2nd Floor, High Street, Westerham, Kent, England, TN16 1AQ, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint during your holiday, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.
- Additional assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is due to your fault.
- Special Requirements – Disabilities/Medical Conditions
Before making a booking with us, we will need to know in writing if you have any specific medical/physical/mobility needs. We will try to accommodate any specific assistance requirements that you may have but unfortunately, we cannot guarantee that it will possible to meet these for you. In certain circumstances the type of package holiday that you are intending to purchase may not be suitable for your specific needs.
We cannot be held liable if you do not advise us before booking of any special requirements that may affect the quality of your holiday, or if we are forced to cancel/curtail your holiday due to your failure to tell us prior to travel.
- Special Requests
If you have any special requests (such as hotel room location, flight seats etc.) please let us know in writing before you book with us. We will liaise with our suppliers to try and accommodate any such requests, but we cannot guarantee that your request can be met.
- Visa, Passport and Health Requirements
Your specific passport, health, visa and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We can only provide you with general information about this. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements and you agree to reimburse us for any fines or losses that we incur as a result of your failure to comply with any passport, health, visa or other immigration requirements/formalities.
Most countries require your passport to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. For further information please contact the Passport Advice Office on 0044 870 521 0410 or visit https://www.gov.uk/browse/abroad/passports.
For up to date travel advice please visit the Foreign and Commonwealth Office website at https://www.gov.uk/travelaware.
If you do not hold a British passport you should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or any country through which you are travelling.
It is important that you are fit for travel and that you have had the correct immunisation/preventative medicines. You should always consult with your GP about up to date health advice for your chosen holiday destination.
Please note that these requirements may change between booking and departure.
- Pre-Travel and Health Advice
Please ensure that you check with the Foreign & Commonwealth Travel Advice Unit before travelling as it may have issued information about your particular destination. For further information please refer to www.fco.gov.uk or contact them on 0044 845 850 email@example.com.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. Your contract for these separate excursions or other tours will be directly with the supplier of the same.
- Travel Insurance
We strongly advise that you take out a policy of travel insurance to cover you and your party against the cost of cancellation by you, the costs of assistance (including repatriation) in the event of injury or illness, loss of baggage and money and other expenses. If we have issued your policy, please check it carefully to ensure that all the details are correct and that all relevant information has been provided to you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance and may render it invalid.
- Delivery of Documents
All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will be sent to you by First Class post. Once documents leave our offices, we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. We are happy to send your documents by alternative delivery methods where this is possible, but this may attract a further fee (we will advise you of this).
- Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order before you travel and that you have these with you when you travel. Please ensure that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
- Data Protection
The data provided to us (including sensitive data and data relating to minors) by you when you make your booking will be passed to our suppliers and/or other necessary organisations for the provision of your travel arrangements. This data may therefore be provided to public authorities if required by them, or as required by law. This is necessary for the purpose of providing your package holiday. In the absence of passing this data as described above, it will not be possible for your package holiday to be arranged.
- Law and jurisdiction
This booking is governed by English Law, and the exclusive jurisdiction of the English Courts.