Booking Terms & Conditions
- Definitions
- In these Booking Conditions, references to “we”,
“us” and “our” refer to ‘Making Tracks – Road Trips’ UK Registered
Limited Company no. 13394552, our employees and any contractors carrying
out works on our behalf.
- References to "you" and "your" refer to 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.
- References to “Road Trip” refer to the booking
that this document refers to.
- Commitment
- By making a booking of a Road Trip on our
website, the first named person on the booking agrees on behalf of all
persons detailed on the booking that he/she:
- has read these Booking Terms & Conditions,
our Website Terms Of Use and Privacy Policy, and has the authority to
and does agree to be bound by them;
consents to our use of personal data in accordance with our Privacy Policy 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); - is over 18 years of age;
- accepts financial responsibility for payment of
the booking on behalf of all persons detailed on the booking.
- Booking Process
- A booking has been made when you pay the total
deposit amount stated on our website for the relevant Road Trip, (or the
full payment if you are booking within 15 weeks of the Road Trip start
date).
- You can either make your booking by filling in
the online booking form on our website and paying the required fee via credit or debit
card, or by contacting us directly and providing us with the required
contact information. We will send you an invoice and instructions for
paying your deposit. Your booking is confirmed on receipt of the full
deposit.
- Upon receipt of your deposit, we will issue you
your booking confirmation via the email address you supplied.
- We will contact you at various stages prior to
the Road Trip start date, to ask for more information as we require it,
and to discuss aspects of the Road Trip with you as the need arises.
- A binding contract will exist between us once we
have sent you a confirmation of your booking. It is your responsibility
to inform us of any errors on any booking documents, confirmations,
tickets or other documents that we send to you.
- The final balance for your Road Trip will be due
for payment on the date specified on your booking confirmation. This is
usually approximately 15 weeks before the start date of your Road Trip, but may vary from tour to tour. If full payment
is not received by this date, we reserve the right to cancel your
booking, and no refunds of any monies paid will be due to you.
Documents and Insurance
- As part of your booking, you must arrange the
following insurances as a minimum.
- Car Insurance covers you and all drivers for
the minimum legal required level in the territories in which you will be
driving; we recommend that you arrange fully comprehensive insurance.
- Car breakdown insurance covering you in the
territories for which you will be driving. Breakdown insurance should
cover you for repatriation for you and your vehicle back to the UK in
case your vehicle cannot be repaired in reasonable time.
- Comprehensive Travel Insurance, covering any
pre-existing medical conditions. We highly recommend that your cover
should include cancellation cover, and that you purchase your insurance at the same time that you book your Road Trip with
us.
- You will be required to carry the following
documentation during the Road Trip:
- Driving Licence – all drivers must hold a valid
full UK driving licence
- Vehicle insurance Certificate for all drivers
- V5C (log book) or
‘vehicle on hire’ certificate
- MOT certificate
- Valid Passport – for all participants – with at
least six months validity on the last day of the trip.
- Travel Insurance Certificate
- Any visas and documents you require for your
travel.
- We reserve the right to ask for proof that you
hold these insurances either before or during the Road Trip, and we
reserve the right to cancel your booking if you are found to not have any
of these insurances. If we cancel your booking on these grounds, no
refund of any monies paid will be due to you.
- In case you travel without any insurance, we
will not be liable for any consequences that arise as a result.
- Cancellation by you
- 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 Road Trip and return home early in circumstances where
you have no reasonable cause for complaint about the standard of accommodation
and services provided, we will not offer you any refund for the part of
your Road Trip 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.
- If you or any member of your party is prevented
from travelling, that/those person(s) may
transfer their place to someone else, subject to the following
conditions:
- that person is introduced by you and satisfies
all the conditions applicable to the Road Trip;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an
amendment fee of £25 per person transferring, as well as any additional
fees, charges or other costs arising from the transfer, and;
- the transferee agrees to these Booking Terms
and 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 5g will apply in order to cover our estimated costs. Otherwise, no
refunds will be given for passengers not travelling or for unused
services.
- Important Note: Certain arrangements may not be
amended or transferred after they have been confirmed and any alteration
could incur a cancellation charge of up to 100% of that part of the
arrangements.
- If you or any other member of your party decides
to cancel your confirmed booking 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 members of a party cancel, it
may increase the per person Road Trip 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 in which you notify us |
Cancellation
Charge |
|
More
than 105 days |
deposit
only |
|
Between
105 and 60 days |
75%
of Road Trip cost |
|
Between
59 and 30 days |
90%
of Road Trip cost |
|
Less
than 29 days |
100%
of Road Trip cost |
- These cancellation terms may differ depending on
your tour but we will notify you of any changes
before we confirm your booking. Please note that amendment 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.
- You have the right to cancel your confirmed Road
Trip before the start date of your package without paying a cancellation
charge in the event of “unavoidable and extraordinary circumstances”
occurring at your Road Trip destination or its immediate vicinity and
significantly affecting the performance of the Road Trip or significantly
affecting the transport arrangements to the destination.
- In these circumstances, we shall provide you
with a full refund of the monies you have paid but we will not be liable
to pay you any additional compensation.
- Please note that your right to cancel in these
circumstances will only apply where the Foreign and Commonwealth Office
advises against travel to your destination or its immediate vicinity. For
the purposes of this clause, “unavoidable and extraordinary circumstances”
means warfare, acts of terrorism, and significant risks to human health
such as the outbreak of serious disease at the travel destination or
natural disasters such as floods, earthquakes or weather conditions which
make it impossible to travel safely to the travel destination.
- This clause 5 outlines the rights you have if
you wish to cancel your booking. Please note that there is no automatic
statutory right of cancellation under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations
2013(Directive 2011/83/EU).
- Cancellation or change by us
- As we plan your Road Trip arrangements many
months in advance we may occasionally have to
make changes or cancel your booking and we
reserve the right to do so at any time.
- If we make a minor change to your Road Trip, we
will make reasonable efforts to inform you as soon as reasonably possible
if there is time before the start date of your package
but we will have no liability to you. Examples of “minor changes” include
change of accommodation to another of the same or higher standard and/or,
changes of transport providers. Please note that transport providers used
on the website may be subject to change.
- Occasionally we may have to make a significant
change to your confirmed arrangements. Examples of “significant changes”
include the following, when made before the start date of your package:
- A change of accommodation area for the whole or
a significant part of your time away.
- A change of accommodation to that of a lower
standard or classification for the whole or a significant part of your
time away.
- A change of outward departure time or overall
length of your arrangements by more than 12 hours.
- A significant change to your itinerary, missing
out one or more destinations entirely.
- We will not cancel your travel arrangements less
than 60 days before the start date of your package, except for reasons of
force majeure, failure by you to pay the final balance or because the
minimum number required for the package to go ahead hasn’t been reached.
The minimum number required will be provided to you with the Road Trip
description, along with the time limit for us to tell you if the package has to be cancelled. Occasionally we may, entirely at
our discretion, decide to run a trip which hasn’t reached the minimum
number requirement subject to payment by you of a surcharge to cover the
additional cost of running this trip.
- If we have to make a
significant change or cancel, we will tell you as soon as possible and if
there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed
arrangements; or
- having a refund of all monies paid; or
- if available and where we offer one, accepting
an offer of alternative travel arrangements (we will refund any price
difference if the alternative is of a lower value).
- You must notify us of your choice within 7 days
of our offer. If we do not hear from you within 7 days, we will contact
you again to request notification of your choice. If you fail to respond
again, we will assume that you have chosen to accept the change or
alternative booking arrangements.
- If we become unable to provide a significant
proportion of the arrangements that you have booked with us after you
have departed, we will, if possible, make alternative arrangements for
you at no extra charge and where those alternative arrangements are of a
lower standard, provide you with an appropriate price reduction.
- Administration Charges
In the event that you wish to change any details of your booking – including the vehicle or details of any of the participants, we will only charge you administration charges in the event that the change will incur extra cost to us.
You will be informed of any charges
payable upon your request to make changes to your booking, and these charges
will be payable before the change is made.
- Driver Responsibilities
- The lead driver of the vehicle must:
- Ensure that the documents listed above are
carried in the vehicle for the duration of the Road Trip.
- Ensure that the vehicle is in a safe and
roadworthy condition before carry out any journey;
- All drivers must:
- Have a full, UK driving licence for the
category of vehicle you are driving on the Road Trip for the entire
duration of the Road Trip;
- Ensure that they are medically fit to drive
according to UK and European Laws;
- Ensure that they are not under the influence of
anything which may impair their judgement, whether alcohol, prescribed
drugs, illegal drugs or otherwise;
- at all times drive in accordance with all
applicable legislation and codes of practice of the country they are
driving in, including driving within the speed limits and following all
road traffic and driving laws. It is the responsibility of the individual
to make sure that they are aware of the rules and regulations in the
territories that they are driving in;
- will always drive with reasonable skill and
care and agree to indemnify us for any action or claims for damages
(including costs) which may be brought against us, arising from
negligent, reckless or irresponsible driving; and
- be responsible for all fines as
a result of their driving during the Road Trip.
- While we provide information on driving rules
and regulations in our guide books, these are
not exhaustive and it is the responsibility of the driver to ensure they
are up to date on all developments.
- Personal Behaviour
- A Road Trip is not a race, time trial or
competition of any kind. Any individual found to be competing in any way
with other participants or other individuals will be removed from the
Road Trip, and no monies paid will be refunded.
- You are expected to behave in a manner that does
not affect the enjoyment of other individuals on the Road Trip, or cause
loss or inconvenience to service providers who are providing services to
us.
- We are not responsible or liable for actions
against you by third parties as a result of
antisocial or unreasonable behaviour or any kind.
- Foreign Office Advice
- It is your responsibility to ensure that you are
up to date with the advice from the Foreign & Commonwealth Office
regarding the territories you will be travelling through.
- Image Rights and Photography
- All participants consent to be photographed and
to be included in any filming of the Road Trip. You consent to the use of
your name, image, likeness, voice and biographical material in connection
with any and all footage, publicity and related
promotional material.
- Participants are only entitled to take
photographs and film footage of the Road Trip for non-commercial
purposes.
- Force Majeure
- Except where otherwise expressly stated in these
Booking Conditions we will not be liable or pay you compensation if our
contractual obligations to you are affected by “Force Majeure”.
- For the purposes of these Booking Conditions,
‘Force Majeure’ 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 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 any government or other national or
local authority including 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 outside our or the supplier(s) concerned’s
control.
- Terms and Conditions Changes
- We reserve the right to change these terms and
conditions at any time. You will be notified of the changes and will be
deemed to have accepted the amended terms and conditions by attending the
Road Trip.
- Assistance
- Where you require assistance while participating
on one of our road trips, we will endeavour to assist you as best we can
by supplying information, local contacts of breakdown facilities, repair
garages, hospitals or other local services.
- If you require assistance on the road of any kind we will endeavour to provide help and support in
a reasonable timeframe, and may attempt to come
to you at the roadside to assist, if reasonable and safe to do so.
However, we cannot be held liable for costs arising from any kind of
incident where assistance is required. You are advised and required to
have in place the appropriate insurances (health, travel, breakdown,
vehicle) to protect you from the cost and inconvenience of such
incidents.
- Our responsibilities
- 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 set out below and as such, we are responsible for the proper provision
of all travel services included in your package, as set out in your
booking confirmation. Subject to these Booking Conditions, if we or our
suppliers negligently perform or arrange those services and we don’t
remedy or resolve your complaint within a reasonable period
of time, and this has affected the enjoyment of your package
holiday you may be entitled to an appropriate price reduction or
compensation or both. You must inform us without undue delay of any
failure to perform or improper performance of
the travel services included in this package. The level of any such price
reduction or compensation will be calculated taking into consideration
all relevant factors such as but not limited to:
following the complaints procedure as described in these Booking Conditions
and the extent to which ours or our employees’ or suppliers’ negligence
affected the overall enjoyment of your holiday. 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.
- 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:
- the acts and/or omissions of the person
affected; or
- the acts and/or omissions of a third party
unconnected with the provision of the services contracted for and which
were unavoidable and extraordinary; or
- Force Majeure (as defined in clause 11).
- We limit the amount of compensation we may have
to pay you if we are found liable under this clause:
- 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.
- 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 three 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.
- Claims in respect of international travel by
air, sea and rail, or any stay in a hotel:
- The extent of our liability will in all cases
be limited as if we were carriers under the appropriate Conventions,
which include 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 these Conventions 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.
- 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.
- It is a condition of our acceptance of liability
under this clause that you notify any claim to us and our supplier(s)
strictly in accordance with the complaints
procedure set out in these conditions.
- 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.
- Please note, we cannot accept any liability for
any damage, loss or expense or other sum(s) of any description:
- 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
- relate to any business; or
- indirect or consequential loss of any kind.
- We will not accept responsibility for services
or facilities which do not form part of our agreement or where they are
not advertised in our brochure. 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.
- Where it is impossible for you to return to your
departure point as per the agreed return date of your package, due to
“unavoidable and extraordinary circumstances”, we shall provide you with
any necessary accommodation (where possible, of a comparable standard)
for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced
mobility, pregnant women or unaccompanied minors, nor to persons needing
specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of
your holiday. For the purposes of this clause, “unavoidable and
extraordinary circumstances” mean warfare, acts of terrorism, significant
risks to human health such as the outbreak of serious disease at the
travel destination or natural disasters such as floods, earthquakes or
weather conditions which make it impossible to travel safely back to your
departure point.
- Excursions
- Excursions or other tours that you may choose to
book or pay for whilst you are on holiday are not part of your contracted
arrangements with us. For any excursion or other tour that you book, your
contract will be with the operator of the excursion or tour and not with
us. We are not responsible for the provision of the excursion or tour or
for anything that happens during the course of
its provision by the operator.
- Where we book any excursions on your behalf
whilst on the tour (or otherwise separately from your package), these
excursions do not form part of your contracted arrangements with us. We
will not be liable for the provision of the excursion or anything that
happens during the course of its provision. Your
contract will be with the operator of that excursion or tour and not with
us.
- Tour books
- We produce and issue tour books upon final
payment by you which are tailored to your specific package. These include; your Eurotunnel reference, hotel list,
navigation operation details, daily summaries, points of interest,
highlighted route maps and other general information regarding your
package. Please note that once these have been issued, no refund will be
made in the event you cancel your booking.
- Consumer Protection
- ‘Making Tracks – Road Trips Ltd’ is a company
committed to customer satisfaction and consumer financial protection. We
are therefore pleased to announce that, at no extra cost to you, and in
accordance with ”The Package Travel, Package Tours Regulations 2018”
all passengers booking a ‘travel package’ as prescribed in ‘The Package
Travel and Linked Arrangements Regulations 2018’ with ‘Making Tracks –
Road Trips Ltd’ are fully protected for the initial deposit, and
subsequently the balance of monies paid as detailed in your booking
confirmation form.
- The Association of Bonded Travel Organisers
Trust Limited (ABTOT) provides financial protection under The Package
Travel and Linked Travel Arrangements Regulations 2018 for Making Tracks
– Road Trips Ltd (membership no. 5578), and in the event of their insolvency,
protection is provided for the following:
- non-flight packages and
- accommodation only bookings
- ABTOT cover provides for a refund in the event
you have not yet travelled or repatriation if transportation was included
in your package. Please note that bookings made outside the UK are only
protected by ABTOT when purchased directly with Making Tracks – Road
Trips Ltd (membership no. 5578).
- In the unlikely event that you require
assistance whilst abroad due to our financial failure, please call
ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an
ABTOT protected travel company.
- If you book arrangements other than a package
holiday from us, your monies will not be financially protected. Please
ask us for further details.
- Passport, visa and immigration requirements &
health formalities
- It is your responsibility to check and fulfil
the passport, visa, health and immigration requirements applicable to
your itinerary. 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
- For European holidays you should obtain a
completed and issued form EHIC prior to departure.
- Up to date travel advice can be obtained from
the Foreign and Commonwealth Office, visit:
https://www.gov.uk/travelaware
- Non British passport holders, including other EU nationals,
should obtain up to date advice on passport and visa 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 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 passport, visa, immigration requirements
or health formalities.
- Please note that one potential consequence of
Brexit is that UK driving licences may no longer be valid or recognised
as a valid driving licence in some European Union countries. Accordingly,
you may be required to apply for an international driving licence
depending on the rules of the European member state you’re driving in or
through. It is your responsibility to make any such applications,
pay all applicable fees and ensure you have all valid licences and
paperwork as legally necessary to drive within or through your chosen
European destination(s).
- Conditions of suppliers
- Many of the services which make up your holiday
are provided by independent suppliers.
Those suppliers provide these services in accordance with their
own terms and conditions which will form part of your contract with
us. 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.
- Complaints
- We make every effort to ensure that your holiday
arrangements run smoothly but if you do have a problem during your
holiday, 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 Mike on 03301331673.
- If the problem cannot be resolved and you wish
to complain further, you must send a formal written notice of your
complaint to us at our office within 28 days of the end of your stay,
giving your booking reference and all other relevant information. Please
keep your letter concise and to the point. This will assist us to quickly
identify your concerns and speed up our response to you. Failure to
follow the procedure set out in this clause may affect ours and the
applicable supplier’s ability to investigate your complaint,
and will affect your rights under this contract.
- If, despite our best efforts and having followed
the above procedure for reporting and resolving your complaint, you feel
that it has not been satisfactorily settled, we recommend that it is
referred for arbitration under the ABTOT Travel Industry Arbitration
Service. An Independent Arbitrator will review the documents relating to
any complaint and deliver a binding decision to bring the matter to a
close. A fee is payable by each party when an application for arbitration
is submitted.
- Details of this scheme are available from The
Travel Industry Arbitration Service, administered by:
Dispute Settlement Services
9 Savill Road
Lindfield
West Sussex
RH16 2NY
E-mail: admin@disputesettlementservices.co.uk
This scheme cannot however decide in cases
where the sums claimed exceed £5,000 per person or £10,000 per booking form, or
not solely or mainly in respect of physical injury or illness or the
consequences of such injury or illness, or solely or mainly in respect of a
discrimination claim or any claim under the Equality Act.
- Delays,
missed transport arrangements and other travel information
- If you or any member of your party misses your
Eurotunnel or other transport arrangement, you will be responsible for
any extra costs incurred in rebooking/rescheduling your crossing.
- Due to the nature of road travel, prearranged
journeys may be delayed for reasons out of our control. We cannot accept
liability for any delay which is due to any of the reasons of Force
Majeure.
- It is possible that you may experience delays as a result of the United Kingdom’s decision to leave
the European Union. We cannot be held responsible for such delays.
- Indemnity
- You will indemnify us against any
and all claims, lawsuits and causes of action brought against us
by any third party as a result of your action or
participation in the Road Trip, including without limitation, your
violation of any laws or regulations or your breach of these Terms and
Conditions.
- Violation of Terms
- If any participants violate any of the above
terms and conditions or refuse to follow the instructions given prior or
during the Road Trip by us, you may be prohibited from any or further
participation in the Road Trip.
- Law
- These terms and conditions and your
participation in the Road Trip are governed by English law and you submit
to the jurisdiction of the Courts of England.
