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| 1. Making your booking |
| The first named individual on the website booking form is responsible for making all payments due to us as referred to in clause 2 below. Once we have received your booking order from this website and the appropriate payments, we will, subject to availability, confirm your holiday by sending a Booking Confirmation and Invoice to the first named individual by email to the email address given. Everyone going on holiday must check all documents (including the Booking Confirmation and Invoice) carefully. It is important to contact us immediately if any information, which appears, on any document appears to be incorrect or incomplete as it may not be possible to make changes later. |
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| 2. Payment |
In order to confirm your chosen holiday, a deposit of £50/80 euro per person is required for all holidays (or full payment if your booking is received within 8 weeks of departure) must be paid at the time of booking. Flights and ferries booked through affiliate sites are subject to the payment terms of those providers which secures the best price for you. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking (you must be insured - see clause 3).
The balance of the holiday price must be received by us not less than 8 weeks prior to departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we will send you one email reminder. If you do not pay all payments due in full within 7 days of receiving this reminder, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 7 below will be payable.
All monies you pay for a tour package with us will be held securely for you by the independent trustees of the Discover Travel & Tours Trust Account. In accordance with the Travel Package Regulations, your payments will not be released to Discover Travel & Tours until after we have delivered all the components of your tour. For more information see Financial Security. |
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| 3. Insurance |
| We consider adequate travel insurance to be essential. Details of the policy we offer are shown on this website which is available to all EU residence. Customers residing outside the EU need to secure their own travel insurance. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We are not in a position to check alternative insurance policies. |
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| 4. Your contract |
A binding contract between us comes into existence at the time we issue by email your Booking Confirmation and Invoice to the first named individual. English law (and no other) will apply to this contract and to any dispute, claim or other matter of any description, which arises between us. The contract is deemed to be written in Worcester, England and is subject to English law. |
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| 5. The cost of your holiday |
We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. If there are any changes to the prices displayed on our websites or elsewhere, these will be confirmed at the time of booking and at that stage you may chose to continue with, amend or cancel your planned holiday without any charge or obligation.
Once your holiday is confirmed, a contract will exist between us, and we will not change the content or price of the holiday without your express consent.We will absorb increased costs up to a total amount equivalent to 2% of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only if the increased costs exceed this 2% will we ask you to pay the difference. If any increase is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 8 “Changes and Cancellations by us”. Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy in the event of cancellation or purchase of an alternative holiday. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel for this reason. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of departure. |
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| 6. Changes by you |
| Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of up to £50/70 euro per element altered will be payable together with any costs or charges incurred by us and/or incurred or imposed by any of our suppliers. |
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| 7. Cancellation by you |
| Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the first named individual must immediately advise us by email or in writing by recorded delivery post or fax to the addresses detailed on the confirmation documents. |
| The following cancellation charges will apply if you find it necessary to cancel your booking after it has been confirmed. |
| 6 weeks or more before departure – loss of deposit only |
41 - 29 days 30%;
28 - 15 days 50%;
14 days or less 100%. |
| Obviously if the reason for cancellation falls within the scope of your travel insurance, your policy will ensure you receive an appropriate insurance payment to cover your losses. |
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| 8. Changes and cancellation by us |
All tours and holidays featured on this site are subject to availability at time of booking. Occasionally, due to circumstances outside our control, it may be necessary to alter arrangements already confirmed to you. Should this happen, we contact you by email immediately with details of the change and we will propose alternative arrangements, which will be of at least the same standard as originally contracted. You will have the choice of accepting the amended arrangements, purchasing another holiday or cancelling your tour with Explorebycar.com entirely, in which case a full refund will be made to you within 7 working days.
Any minor changes, such as hotel facilities becoming unavailable, will be notified to you prior to departure, provided we have been notified by the supplier.
Occasionally we have to make changes for reasons of “force majeure”. This means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid. Typical examples are war, threats of war, riots, civil strife, riots, fire, natural disasters and industrial strife or adverse weather conditions or similar events beyond our control. If we make significant changes because of “force majeure“ circumstances, no compensation will be paid by explorebycar.com. |
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| 9. Our liability to you |
| We promise to make sure that the holiday arrangements we have agreed to make perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:- |
(a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
(b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
(c) “force majeure” as defined in clause 8 above. |
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| We cannot accept responsibility for any services, which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. |
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| We cannot accept liability or loss of any description, which on the basis of the information you gave us, we either could not have foreseen that you would suffer or incur if we breached our contract with you OR any loss which you incurred which was not a result of a breach of contract by ourselves. Furthermore, we cannot accept liability for any business loss or consequential loss. Apart from personal injury claims, our maximum liability to you is limited to the total amount you have paid us. |
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| The contract that we make with you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker to refuse to take the holiday in question. |
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| You must provide our selves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 10 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. |
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| 10. Complaints and problems |
| In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the hotelier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction straight away, you must contact us with full details by email, telephone or fax within 48 hours. Until we know about a problem or complaint, we cannot assist. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return home giving your booking reference and full details of your complaint which can be supplied on request. |
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