Terms & Conditions
TOUR OPERATOR BOOKING CONDITIONS in respect of THE EVENTA GROUP LIMITED where the Package Travel Regulations apply
These Booking Conditions only apply where you have booked a "package" as defined in The Package Travel, Package Holidays and Package Tours Regulations 1992 (the "Regulations")
For the purposes of the Regulations a package arises where at least two out of the three following components are offered at an inclusive price:-
1. (a) transport
2. (b) overnight accommodation
3. (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package
If you have not booked a package then the booking conditions applicable to your booking can be found by following this link http://www.henheaven.co.uk/terms-conditions-non-package
If you have booked a package then your contract is with The Eventa Group Limited, a company registered in England and Wales (Co.No. 04945685), whose registered office is at Hanover House, 118 Queens Road, Brighton, East Sussex, United Kingdom, BN1 3XG.
Where any booking is taken by The Eventa Group Limited (Co.No. 04945685) (which company trades as "The Stag Company" and "Hen Heaven") then such booking (whether taken in person, over the telephone or via their website) is taken merely as agent for and on behalf of The Eventa Group Limited.
Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these Booking Conditions
A. BOOKING AND PAYMENT
A1. YOUR RESERVATION
A.1.1 Bookings are taken on the basis that they are made by a Group Leader. When you make a booking and pay your initial payment we will take an estimate of group numbers and will reserve your arrangements in accordance with these Booking Conditions. A binding contract between us will come into existence only when we send our Booking Confirmation to you. Prior to doing so, we may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
A.1.2 Please check your Booking Confirmation together with all other documents we send you, as soon as you receive them. Contact us immediately if any information which appears on the Booking Confirmation or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within 24 hours of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
A.1.3 Any contract is with the Group Leader as shown on the Booking Confirmation. Unless you advise us to the contrary we will assume that every member of your group is over 21 years of age. If this is not the case and some members of your party do not fall into this age category, please check with us that the events you book can accommodate the younger members of your party. If this is not checked prior to your booking and you encounter problems during your arrangements, we cannot be held liable.
A.1.4 The Group Leader is responsible for ensuring that other members of his/her party are aware of these Booking Conditions and that they consent to him/her acting on their behalf in dealings with us.
A.1.5 The Group Leader is responsible for the reservation and for ensuring that all monies due for a booking are collected and paid on time by the members of the group. The Group Leader assumes all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date.
A2. OUR PRICE POLICY AND PAYMENT TERMS
A.2.1 We reserve the right to alter prices shown in any brochures or on any website and we will inform you of any price changes prior to the issue of our Booking Confirmation. Once our Booking Confirmation has been issued then, save in the case of manifest or system error, the price shown on the Booking Confirmation shall apply and no surcharges or other fees will be levied save where expressly provided for in these Booking Conditions.
A.2.2 When you make your booking the Group Leader is required to pay a non-refundable deposit of £50 or such other figure that may be agreed during the sales process. Each member of the group is then required to pay a non-refundable deposit of £20 or such other figure as may be agreed during the sales process, in order to secure their place. Unless a different timescale for payment is confirmed by us in writing, the balance of the total price of your arrangements must be paid by each member of the group at least 42 days prior to the package commencing. It is the Group Leader's responsibility to make sure that all payments are made by members of the group by the due date for payment. Each member of your group is able to pay separately through our website and final numbers for your package will be determined by us based solely on the numbers who have paid the balance required in full as at the date 42 days prior to the package commencing. If your package is due to commence within 42 days of your booking then the total price shall be payable at the time of booking and numbers will be confirmed at the point at which we accept your booking and receive payment.
A.2.3 Payments via our website or on the telephone can be made by credit or debit card via a secure payment system. For payment by credit card there is a surcharge of 2.5% (3% in the case of American Express) and by debit card there is a surcharge of 75p per transaction, this will be automatically added to the amount required for payment on the payment page and such surcharge shall be a minimum of 75p per payment. Card charges are non-refundable, unless we actively cancel your booking.
A.2.4 Save where these conditions otherwise expressly state all deposits, part payments, payment instalments, treatment fees, theatre or show tickets, administration and service fees are non-refundable and non-transferable.
A.2.5 Where your arrangements consist of a number of activities then discounts may be applied to the total price of the arrangements. Such discounts will only apply where all the activities are included and if you, or a member of the group, decide not to take up a particular activity then we reserve the right to alter the monies due for the remainder of the activities included within the original package.
A.2.6 All prices are inclusive of value added tax or similar sales tax.
B. CHANGES AND CANCELLATION BY US
B1. IF WE CHANGE YOUR ARRANGEMENTS BEFORE DEPARTURE
B1.1 We hope and expect to be able to provide you with all the services we have confirmed to you in our Booking Confirmation. We plan arrangements in advance using independent suppliers such as venues, hotels, activity suppliers etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a "Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a significant change of booking destination.
B1.2 In the case of a Significant Change before your departure we will provide you with three alternatives:
B1.2.1 alternative arrangements of equivalent or of very closely similar standard and price, if available, or
B1.2.2 alternative arrangements of a lower standard together with a refund of the difference in price; or
B1.2.3 cancel the particular arrangements effected with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D1 below unless the change occurs as a result of circumstances beyond our control where clause E will apply.
B2. IF WE CANCEL YOUR ARRANGEMENTS
B2.1 In the unlikely event we need to cancel your arrangements we will tell you as soon as possible. If we have to cancel your arrangements we will provide you with three alternatives:
B2.1.1 alternative arrangements of equivalent or of very closely similar standard and price, if available, or
B2.1.2 alternative arrangements of a lower standard together with a refund of the difference in price; or
B2.1.3 cancel the particular arrangements effected with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D1 below unless the change occurs as a result of circumstances beyond our control (in which case clause E will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause B2.2 applies.
B2.2 We regret that some packages shown on our website or in our brochures can only be operated if a sufficient number of people book onto the group booking. If there are insufficient numbers booked on your group, we have the right to cancel the arrangements in question or require an increase in the total payable by each person in the group. If we have to do so, we will tell you as soon as reasonably practicable and in any event prior to the package starting. Where we cancel for lack of numbers in accordance with this clause, no compensation or other amounts (for example, the return of deposits or the cost of any connected travel arrangements you have made independently) will be payable.
C CHANGES AND CANCELLATION BY YOU
C1 IF YOU CHANGE YOUR BOOKING
C1.1 If you want to change your arrangements in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and the booking conditions of suppliers.
C1.2 Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we will also apply an administration charge of £75 on the booking and for each item you want to change together with any further costs we incur, for example with our suppliers, in making any change.
It is not possible to transfer your booking to a start date more than 3 months after your original package start date without incurring cancellation charges.
Cancellation charges may also apply (as per those shown in the table set out in clause D1) where changes are made after the date when final payment is due.
C1.3 Any discount you may have received at the time your original booking was made may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
C1.4 If you have paid supplements for accommodation and the number of people in your accommodation changes less than 42 days prior to the package start date, you may have to pay extra.
C1.5 Any change to your start date, destination, or accommodation has to apply to all members of your group.
C1.6 You may not change arrangements chosen from our brochures or websites to special offer packages such as any featured in promotional publications, without incurring cancellation charges. Such a change would necessitate the cancellation of your existing arrangements (and be subject to our cancellation charges shown in clause D1) and the re-booking of new arrangements at the price applying on the day the re-booking is made.
C1.7 Subject to availability persons may join your group less than 42 days prior to the start date but there will be an administrative fee of £30 per additional name, such fee being in addition to the package costs, which will be payable immediately.
C2 IF YOU CANCEL YOUR BOOKING
C2.1 The Group Leader has the right, as agent for the remaining members of the group, to cancel the arrangements for all members of the group If you wish to cancel all or part of your booking, you may do so at any time up to 42 days prior to the start date of your package but you will lose all monies paid on the booking. Within 42 days of the start date if some or all of your party cancel their booking or we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, we may also levy a cancellation charge on the scale shown in the table set out in clause D1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer if we cannot resell the package.
C2.2 If you or anyone included within your booking is unable to go for any reason, you may be able to transfer the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to the following:
C2.2.1 You must write to us with full details of who cannot or does not want to travel and who you would like to go instead. We must receive this information at least 7 days before departure.
C2.2.2 If the change can be made, you will have to pay amendment fees as noted in Clause C1.7 together with any extra costs we incur or are asked to pay in order to make the change.
C2.2.3 Anyone who travels in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which apply to the booking before the change can be finalised. If the full cost of the travel arrangements should already have been paid when the change is requested, this must be paid before the change can be finalised.
C2.3 If any person on the booking cancels and you cannot fill that person's place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
C2.4 If you do cancel, you must still pay any amendment charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
D CHANGES AND CANCELLATION CHARGES
The following sets out the sums payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your arrangements as a result of:-
(a) matters outside of our control when clause E shall apply or
(b) where your booking was accepted "subject to availability” or similar, and the arrangements are not available
Period before start date of package in which notice of cancellation or Significant Change is received:
More than 42 days
Amount you will receive from us if we make a Significant Change - Return of Deposit only
Amount you will receive from us if we cancel - Return of any paid monies only
Cancellation Charge if you cancel - Retention any paid monies
Between 42 days and 7 days
Amount you will receive from us if we make a Significant Change - Return of monies paid for arrangement affected by significant change
Amount you will receive from us if we cancel - Return of monies paid
Cancellation Charge if you cancel - 50% of total price for each person in the group who cancels owed and retention of any monies paid.
Less than 7 days
Amount you will receive from us if we make a Significant Change - Return of monies paid for arrangement affected by significant change
Amount you will receive from us if we cancel - Return of monies paid
Cancellation Charge if you cancel - 100% of total price for each person in the group who cancels owed and retention of any monies paid.
NOTE "total price" means the total price payable by each person for the arrangements excluding any fees payable for any changes made by you to your booking
E. LIMITATION OF OUR LIABILITY TO YOU
E1 We will not be liable where any failure in the performance of the contract is due to:
E1.1 you; or
E1.2 a third party unconnected with the provision of the arrangements and where the failure is unforeseeable or unavoidable; or
E1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
E2 Our liability, except in cases involving death, injury or illness, shall be limited in any event to a maximum of two times the cost per person of the arrangements per person affected.
E3 Should you or any member of your group suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E4 Our liability will also be limited in accordance with and/or in an identical manner to:
E4.1 the contractual terms of the companies that provide the arrangements which are incorporated into and form part of your contract with us; and
E4.2 any relevant international convention, for example the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim and which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in any such conventions.
E5 Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are away are not part of the arrangements provided by 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.
E6 The provisions of clauses E1 to E5 inclusive are in addition to any other limitation of liability contained in these Booking Conditions
E7 Nothing in these Booking Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H4
F YOUR RESPONSIBILITIES
F1. SPECIAL REQUESTS
If you have a special request, we shall do our best to help, but we cannot guarantee it except as set out below. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your arrangements, it must be specifically agreed with us before or at the time you book. We will comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Booking Confirmation or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it must be paid for immediately.
F2. YOUR DOCUMENTATION
F2.1 You are responsible for ensuring that you and all other persons included in your group satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
F3. HEALTH PRECAUTIONS
F3.1 Some of our packages involve strenuous activities. It is your responsibility to ensure that you and your group members have the levels of fitness required for any particularly strenuous activities.
F3.2 You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain events in which event we shall not be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in clause D1 must be paid by the person concerned.
F4.1 It is your responsibility to make sure you have suitable insurance in place prior to travel. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place prior to travel.
F4.2 If you participate in sports and activities whilst travelling, whether or not organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to ensure that such activities are covered by your insurance policy.
You must be responsible for the behaviour of yourself and your group. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements). Please be aware that if you have accommodation included in your package, you may be required to pay a refundable security bond on arrival.
F6. ACTIVITY TIMINGS AND LOCATIONS
Our itineraries our designed for you to achieve maximum enjoyment from your arrangements. The general advice and timings provided must be adhered to at all times and failure to do so may result in your group being unable to participate in particular activities. We cannot be held liable should you fail to follow our advice or adhere to our planned timings. Please note on occasion certain activities such as dance classes and cocktail making will not confirm the venue until around one week prior to the activity commencing and as a result your itinerary may be sent without the location and will be confirmed to you nearer to the date of the activity in question taking place.
F7. ACCOMMODATION, SINGLE SUPPLEMENTS AND HOTEL LOCATIONS
When a group is staying at a hotel and there is an odd number in the group on any given night, we will, where possible try to place individuals in a triple room. If this is not possible a single supplement must be paid to cover the sole occupancy charge levied by the hotel. The single supplement charge will be specific to your hotel. We always try to place groups in twin rooms where available however if these are not available you may be in triple or quad rooms. We define a "centrally located hotel” or similar as one approximately 10 minutes or less drive from the city centre.
G. IF YOU HAVE A COMPLAINT
G.1 If you have cause for complaint whilst on the package, you must bring it to the attention of any supplier or accommodation provider immediately. They will do their best to rectify the situation. If your complaint is not resolved locally, please follow this up within 7 days of your return home by sending an account by email to firstname.lastname@example.org or email@example.com giving your booking reference and all other relevant information. Please keep your account concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you (which may be by post or by email).
H1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
H2. DATA PROTECTION
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your arrangements. Only information necessary for this purpose will be disclosed to them. From time to time we may contact you by email or SMS with information about special offers or packages. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you. Any request should be addressed to The Eventa Group Limited, Hanover House, 118 Queens Road, Brighton, East Sussex, United Kingdom, BN1 3XG.
H4. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.