Booking Terms & Conditions

 
 

ENVOGUE TRAVEL LIMITED

 

BOOKING TERMS AND CONDITIONS

 

These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with EnVogue Travel Limited, a company registered in England with company number 14027335 and registered office 6th Floor 2 London Wall Place, London, United Kingdom, EC2Y 5AU. 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. 

 

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

 

a.          he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

 

b.          he/she consents to our use of personal data and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

 

c.           he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

 

d.          he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

 

 

1.              Booking and Paying for Your Arrangements

 

A booking is made with us when you pay us a deposit (or full payment if you are booking within 60 days of departure) and we issue you with a booking confirmation. 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 cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within five days of our sending it out (five days for tickets). 

 

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in condition 18 below will become payable. 

 

2.              Accuracy of Advertising Material


We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material 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.

 

Whilst every effort is made to ensure the accuracy of such information and prices at the time of publishing/printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

 

3.              Travel Insurance

 

Adequate travel insurance is a condition of your contract with us. Please note that many of our activities/excursions are considered to be demanding, in difficult terrain and in various weather conditions. You must ensure that your insurance fully covers for such activities as well as 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 cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

4.              Events Beyond Our Control


Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

 

Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including but not limited to Covid-19 or future strains of Covid-19 and the ongoing effects of Covid-19), epidemic, pandemic  or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of and any advice issued by any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.

 

5.              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 by email at info@envogue.travel. 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.

 

6.              Cutting Your Booking Short

 

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

 

7.              Accommodation Ratings and Standards

 

Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

 

8.              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. If your complaint is not resolved locally, please contact info@envogue.travel.

 

 

9.              Fitness, Disabilities and Medical Problems and Local Standards

 

We are not a specialist disabled trip company, but we will do our utmost to cater for any special requirements for those who will attend the trip and any other person named in the booking may have. If you or any such person has any medical problem, significant learning difficulties or disability which may affect your booking, please inform us, with full details before you make your booking so that we can try to advise you as to the suitability of your chosen trip. As mentioned in condition 3 (Insurance), our Trips often include demanding adventure and sport elements in difficult terrain under difficult weather conditions in countries where infrastructure and support services may not be as those in first world countries.  We may require you to produce a doctor’s certificate certifying that you are fit to participate and may also require proof of swimming ability. Acting reasonably, 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.

 

All arrangements are provided in compliance with local standards. However safety standards in other countries may differ. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.

 

 

10.           Your Responsibilities

 

All our customers 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 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 customers 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.

 

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.

 

11.           Excursions


Please note that we do not provide or arrange excursions other than those listed in your itinerary and forming part of the arrangements booked and paid for in the UK. Our local representatives or guides may put you in touch with local organisers of excursions if you request but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us.

 

Due to the nature of some of the arrangements and the environment some excursions may take place in, an element of risk over and above that of a typical holiday excursion will still exist and you should discuss this with the local organiser of the excursion..

 

12.           Entry, Passport, Visa and Immigration Requirements & Health Formalities

 

It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. 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. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports or the Passport Office in your country of residence.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov

For European travel by UK residents you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

Up to date travel advice for UK residents can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware

Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements   from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, 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 entry passport, visa, immigration requirements or health formalities.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.

13.           Foreign Commonwealth and Development Office Advice

 

You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Events Beyond Our Control (see condition 4).

 

14.          Conditions of Suppliers

 

Many of the services which make up your Trip are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. 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.

 

15.          Law and Jurisdiction

 

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or Trip will be dealt with by the Courts of England and Wales only.

 

 

16.          Pricing of You Trip

We reserve the right to amend the price of unsold itineraries at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:

 

(i)          the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii)         the level of taxes or fees chargeable for services applicable to the itinerary imposed by third parties not directly involved in the performance of the itinerary, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii)        the exchange rates relevant to the package.

 

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

 

You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

 

Should the price of your Package go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of 5% of value. However, 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.

 

There will be no change made to the price of your confirmed itinerary within 20 days of your departure nor will refunds be paid during this period.

 

17.           If You Change or Transfer your Trip


If you wish to change any part of your Trip 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 amendment fee of 5% of amount paid per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers 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 condition 18.

 

Transfers of Trip:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

 

a.     that person is introduced by you and satisfies all the conditions applicable to the itinerary;

b.     we are notified not less than 7 days before departure;

c.     you pay any outstanding balance payment, an amendment fee of 5%  value per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and  

d.     the transferee agrees to these booking conditions and all other terms of the contract between us.

 

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 18 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

18.           If You Cancel Your Trip          

If you or any other member of your party decides to cancel your confirmed Trip 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.

 

Should one or more member of a party cancel, it may increase the per person Package Holiday price of those still travelling and you will be liable to pay this increase.

 

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows

 

Period before departure date within which written notification is received at our offices

 

Cancellation Charge

From payment date

 

20% of total cost of Trip

More than 60 days and fewer than 90 days prior to departure

 

40% of total cost of Trip

Less 60 days prior to departure

 

100% of total cost of Trip

 

 

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.

 

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

 

 

19.           If We Change or Cancel your Trip

As we plan your Trip many months in advance we may occasionally have to make changes or cancel your Trip and we reserve the right to do so at any time.

 

Changes: If we have to make changes to your Trip due to unavoidable and extraordinary circumstances we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you.

 

Cancellation: We will not cancel your Trip before your departure date, except for Events Beyond Our Control or failure by you to pay the final balance.

 

If we have to make a significant change or cancel due to unavoidable and extraordinary circumstances, we will tell you as soon as possible.

 

20.           Our Responsibility for your Booking

 

1.     We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as amended, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your Booking, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.

 

2.     We will not be responsible nor pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence.

 

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 connected with the provision of the services contracted for; or

c)     Events Beyond Our Control (as defined in condition 4).

 

4.     We limit the amount of compensation we may have to pay you if we are found liable under this condition:

a)     loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

b)     Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to two times  the price 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 or your party has not received any benefit at all from your booking.

c)     Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

 

               i.         Where applicable, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

 

              ii.         Where applicable, in any circumstances in which a carrier is liable to you by virtue of Regulation EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

 

             iii.         Where applicable, 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.     . You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Booking.. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

 

6.     It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

 

 

7.     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.

 

8.     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:

c)     indirect or consequential loss of any kind.

 

9.     We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in any printed material we may produce. 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. 

 

21.           Prompt Assistance for Trip

 

If, whilst you are taking part in your itinerary, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us and our employees we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.