Terms & Conditions
The following booking conditions together with the Useful Information contained in our brochure and/or shown on our website form the basis of your contract with West End Adventure Ltd (company registration number SC621860). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions only apply to trip arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “trip” or “arrangements” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking or, where applicable, any of them (including anyone who is added or substituted at a later date). “We”, “us” and “our” means West End Adventure Limited. The “party leader” is the first named person on the booking.
- Making your booking
You may book your trip with us directly or through one of our authorised travel agents. Where you book with us directly, we will communicate with the party leader. Where you book through a travel agent, all communications will usually go through the agent.
To make a booking, the party leader must complete our booking form. The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By completing the booking form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us and must be at least 18 when the booking is made.
The completed booking form must either be submitted to us online or send it to us by post or passed to your travel agent (who will send it on to us) together with the payments referred to in clause 2 below.
Subject to the availability of your chosen arrangements, we will confirm your trip by issuing to the party leader a confirmation letter setting out the trip arrangements, cost and balance payment due. Please note, your arrangements are not confirmed until this confirmation letter is e-mailed or otherwise despatched to you or your travel agent even where you submit your booking form and make payment online. Please check this confirmation letter carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation letter or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
If you wish to and have booked with us directly, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to email@example.com. If you have booked through a travel agent, enquiries and requests should be made through the agent.
These booking conditions may only be amended or waived in any respect by a director of The West End Adventure Limited in writing. No third party has the authority to make any representations, concessions or amendments in relation to any trip arrangements on our behalf.
In order to confirm your chosen trip, the applicable per person deposit (or full payment if booking within 12 weeks of the start of your trip) must be paid at the time of booking.
The balance of the trip cost must be received by us not less than 12 weeks prior to start of the trip. This date will be shown on the confirmation letter. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
Payment can be made by cheque (payable to West End Adventure Limited), BACS, Stripe, Go Cardless or Paypal. The party leader is not our agent and we are not responsible for any payments held by the party leader at any time.
For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your trip with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. Any monies you pay to one of our authorised travel agents for bookings which do not include any flights will be held on your behalf until we issue our confirmation letter. After this point, they will be held on our behalf.
- Your contract
A binding contract between us comes into existence when we despatch our confirmation letter to the party leader or your travel agent. We both agree that Scottish law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of Scotland only unless, in the case of court proceedings, you live in England, Wales or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of Scotland. If proceedings are brought in England, Wales or Northern Ireland , you may choose to have your contract and any claim governed by the law of England/Northern Ireland as applicable (but if you do not so choose, Scottish law will apply).
- The cost of your trip
Please note, changes and errors occasionally occur. You must check the price of your chosen trip at the time of booking.
We reserve the right to make changes to and correct errors in advertised prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen trip has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your trip.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your trip (excluding any amendment charges) will we levy a surcharge. We will only levy a surcharge in respect of the amount by which any increase in our costs exceeds 2% of your trip cost. If any surcharge is greater than 10% of the cost of your trip (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another trip from us as referred to in clause 9 “Changes and Cancellations by us”.
You have 14 days from the date of our letter notifying you of a surcharge of more than 10% (as above) to tell us if you want to choose option (b) or (c) as set out in clause 9 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the trip or within 14 days of the date of our notifying letter, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your trip due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your trip as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
- Special requests and medical conditions / disabilities / reduced mobility
If you have any special request, the party leader must advise us or your travel agent at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation letter or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If any member of your party has any medical condition or disability or suffers from reduced mobility which may affect their / your trip or has any special requirements as a result of any medical condition, disability or reduced mobility (including any which affect the booking process), please tell us or your travel agent before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, the party leader must give us full details in writing at the time of booking and whenever any change in the condition or disability or your mobility occurs. The party leader must also promptly advise us of any deterioration or adverse change in, or development of, any medical condition or disability or of any deterioration or change in your mobility which may affect your trip which occurs after your booking has been confirmed.
- Changes by you
Should you wish to make any changes to your confirmed trip, 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 £50 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of trip dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the trip price where, for example, the basis on which the price of the original trip was calculated has changed.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 2 weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 per person must be paid before the transfer can be effected. Any overdue balance payment must also be received.
Please note, most airlines do not permit name changes after tickets have been issued for any reason and may require you to pay the full cost of the flight again, subject to availability, if you need to do so.
- Cancellation by you
Should you need to cancel your trip once it has been confirmed, the party leader must immediately advise us or your travel agent in writing. Your notice of cancellation will only be effective when it is received in writing by us from the party leader at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding any amendment charges. Amendment charges are not refundable in the event of cancellation.
Period before start of trip within which written notification of cancellation is received by us Cancellation charge per person cancelling
61 days or more Deposit
28 to 60 days 50%
Less than 28 days 100%
No refunds can be given for any services which are unused for any reason.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
See clause 6 “Changes by you” if any member of your party is prevented from travelling.
We consider appropriate travel insurance to be essential. The party leader must provide us with written evidence that such insurance has been arranged for all members of your party after payment of your deposit. You are recommended to arrange this prior to or at the time of booking. The Travel Insurance Form must be completed and submitted to us prior to travel.
Please see our Useful Information for further details on insurance including a company who can provide you with a quotation for an appropriate policy.
Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
- Changes and cancellation by us
We start planning the trips we offer many months in advance. Occasionally, we have to make changes to and correct errors in our brochure, on our website and in other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid making changes to and cancelling confirmed trips, we may occasionally be forced to do so for reasons outside our control. Most of our trips are not subject to minimum numbers and, once your booking has been confirmed, will run irrespective of the number of participants. However, for some trips, a minimum number of participants is required to enable us to operate them. We will advice you if this is the case at the time of booking and will tell you the latest date we will cancel if this minimum number is not achieved and we decide the trip cannot go ahead as a result. We may at our discretion decide to operate a trip even if the minimum number of participants has not been reached.
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your trip. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away or a significant change of itinerary missing out one or more major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell the party leader or your travel agent as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements; or
(b) purchasing an alternative trip from us, of a similar standard to that originally booked if available. You must pay the applicable price of any such trip. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper; or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. A minor change is any change which is not significant.
If we have to make a significant change or cancel we will, if compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. No compensation will be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) where applicable to your trip, we have to cancel because the minimum number of participants necessary for us to run it has not been reached and we have notified you of the cancellation by the deadline advised at the time of booking (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
Period before start date of trip a significant change or cancellation is notified to the party leader or your travel agent Compensation per person
12 weeks or more Nil
Less than 12 weeks £100
Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your trip after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
- Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, closure or restriction of airspace, airport(s) or other transport hub(s), natural or nuclear disaster, adverse weather conditions, fire and all other events outside our control or that of the supplier concerned. Force majeure also includes the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination.
- Our Liability to you
(1) We promise to make sure that the trip 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 trip 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 trip 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).
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following:-
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
The act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable or
‘Force majeure’ as defined in clause 10 above
(3) Please note, 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 any supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your contracted trip arrangements and we have not agreed to arrange them as part of our contract and any excursion or activity you purchase during your trip. Please also see clause 15 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material 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.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract together with the laws and standards 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 were provided in compliance with the local laws and standards 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 standards 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 trip maker to refuse to take the trip in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) You are responsible for your luggage and personal possessions at all times. We cannot accept liability for any loss or damage to them. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding any amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 11 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your trip.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention relating to the carriage of passengers and their luggage by sea (as amended by the 2002 protocol where applicable) and EC Regulation 392/2009 for carriage by sea and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and EU regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) 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 (2) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (3) is connected with any business (including any loss of self employed earnings).
(8) We and the expedition leaders and guides we appoint will do our very best to ensure that the trip objectives which have been communicated to us and agreed at the time of booking are achieved as far as reasonably possible. However, you acknowledge that we / the expedition leader / guides have the authority to make whatever decision we / they consider appropriate at the time in relation to your party or any individual party member(s) in the interests of the health, safety, well being or enjoyment of your party or the individual(s) concerned.
(9) Our trips, by their very nature, involve the inherent risk of injury, illness and death as well as loss or damage of belongings. The areas to which we travel are under developed and the infrastructure is basic. Walks, treks and climbs take place in mountainous areas at altitude and involve significant physical exertion. It is your responsibility to ensure you fully understand all aspects of your trip including the level of fitness required and the inherent risks prior to making your booking. We will not be liable if you suffer any adverse consequences in connection with such inherent risks (including but not limited to those referred to above).
- Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your trip whilst away, you must immediately inform our expedition leader or local agent and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our expedition leader / agent and the supplier as soon as possible. If any complaint or problem is not resolved to your satisfaction by the our expedition leader / agent / supplier, you must contact us in the UK, using the contact details we have provided you with, during your trip, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us unless the claim involves personal injury. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
- Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the trip of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- Conditions of suppliers
Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, sometimes in accordance with international convention. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
- Excursions, activities and general area information
We may provide you with information (before and/or during your trip) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website, in our other advertising material or elsewhere which are not part of our contract are vital to the enjoyment of your trip, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a trip with us, we will pass on this information at the time of booking.
- Passports, visas and health requirements
The passport and visa requirements applicable to British citizens with a British passport at the time of printing / publication for the trips we offer are shown in our brochure and on our website. Requirements may change and you must check the up to date position in good time before departure. Your passport must be valid for at least 6 months after the end of your trip. A full British passport presently takes approximately 3 to 6 weeks to obtain. If any member of your party is 16 or over and hasn’t yet got a passport, you should apply for one at least 6 weeks before your trip. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
Details of any compulsory health requirements applicable to British citizens for your trip of which we are aware are shown in our brochure and on our website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly. No refunds will be made or expenses met in the event of your being unable to travel due to failure to comply with any passport, visa, health or other applicable requirement.
- Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which you are strongly recommended to consult before booking and in good time before departure.
- Financial security
Your Financial Protection. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for West End Adventure Ltd, ABTOT number 5437, ATOL number, and in the event of their insolvency, protection is provided for the following:
flight inclusive packages that commence outside of the EEA, which are sold to customers outside of the EEA; and
flight inclusive packages, flight only and linked travel arrangements (LTAs) sold as a principal under ABTOT ATOL Franchise.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made by customers outside the EEA are only protected by ABTOT when purchased directly with West End Adventure Ltd. 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. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder or supplier may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder or supplier will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under the ABTOT Combined scheme.
If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under the ABTOT Combined scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ABTOT ATOL Combined scheme.
For further information visit the ATOL website at www.atol.org.uk or the ABTOT website here: www.ABTOT.com
We may arrange international flights if required, to or from the UK. See Useful Information for further details. As part as your contracted trip arrangements, we may also arrange overseas flights.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 9 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on your confirmation invoice or elsewhere are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched. We will contact you if this occurs where we are reasonably able to do so. However, it is your responsibility to check up to date timings on the airline’s website.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
- Delay and Denied Boarding Regulations
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. The airline operating your flights may provide refreshments etc; please enquire with the airline for details.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk – Resolving Travel Problems, for further information: firstname.lastname@example.org.
- Brochure / website / advertising material accuracy
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.
- Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your trip are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.