PART 1: VILLA BOOKINGS AND FLIGHT PLUS AND FLIGHT ONLY BOOKINGS
PART 2: BOOKINGS OF THINK EXPERIENCES AND ADDITIONAL SERVICES
Part 1: Villa Bookings and Flight Plus and Flight only Bookings
The following Booking Conditions together with all information contained on this website and associated documentation form the basis of your contract with The Thinking Traveller Ltd (“we”, “us” and “our”) for all property, flight and car hire bookings. Please read them carefully as they set out our respective rights and obligations. Save where otherwise stated, all property, flight and car hire bookings are subject to these Booking Conditions. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “Holiday” and “arrangements” means your property booking, as well as any car hire and/or flights where applicable, which you book through us and “departure” means the date your arrangements commence. Please refer to clauses 21 to 23 for relevant information for bookings which include flights.
Please note, where we take or make a Think Experience or additional service booking for you (i.e. any booking other than a booking of a villa, flight or car hire), you should also refer to Part 2 of the Booking Conditions as these will apply as well. Part 1 of the Booking Conditions does not apply to any Think Experience or additional service booking.
1. Making your booking
You can initiate a booking by telephoning us direct, sending an enquiry online on/via our website, by email or via your travel agent. We will then register your options on our booking system and send you an e-mail with login details for your Secure Client Area. You will have the chance to confirm your option(s) on your personal page by making the appropriate payment (see clause 2 below) by credit or debit card using our secure payment server, or register your intention to pay by bank transfer.
You can also initiate a booking by using our online booking facility. Online bookings are confirmed immediately during the booking process by credit or debit card using our secure payment server and you will receive an automatic confirmation by email. Please note that any changes or cancellations to online bookings will be subject to these Booking Conditions (please see in particular clauses 6 and 7). For online bookings it is your responsibility to ensure that you have carefully read the villa and local area description, and that you have selected the most appropriate villa for your requirements. If you, or any of your group, have any specific requirements or requests you must contact us before confirming your booking.
For all bookings, the party leader must be at least 18 years of age at the time of booking, and must be authorised to make the booking on the basis of these Booking Conditions by all persons in the party. The party leader is responsible for making all payments due to us. All communications will be sent to the party leader.
Once we have received your go ahead and all appropriate payments (see clause 2 below), we will confirm your holiday by issuing a confirmation invoice. This will be sent to the e-mail address registered on your Secure Client Area. Please check this confirmation carefully as soon as you receive it. Contact us immediately if any information which appears on this 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 inaccuracy in any document within ten days of our sending it out.
Prior to departure it is essential that you provide us with the details of all persons in your party. This can either be done in your Secure Client Area or by email to your Pre-Departure Coordinator.
The use of the property, its grounds and amenities is strictly reserved for those people named on the villa booking. Inviting other people (friends or external suppliers) into the villa during your stay, even if they are not sleeping at the villa, is only possible with the prior written consent of The Thinking Traveller.
2. The cost of your holiday
Prices on our website are quoted in Euros, Sterling and US Dollars. You may confirm your booking in Euros, Sterling or US Dollars. For more information about our pricing and exchange rates please click on this link. The price you pay will be the price we agree with you when you book and subsequently confirm on your Secure Client Area and your confirmation invoice. This price will be calculated using the exchange rate indicated on our website at that time and will be set when the booking is confirmed. All payments (deposit and balance) must be paid in the same currency as that confirmed at the time of booking.
The maximum occupancy of all of our villas (which includes adults and children) is clearly stated on the webpage for each property. Several of our villas have prices for reduced occupancy depending on the time that you wish to travel. The price that you pay will be calculated based on your group size and travel dates at the time of confirmation. The maximum possible size of your group and the numbers of bedrooms at your disposal will be clearly stated on your confirmation invoice and in your Secure Client Area. Should you wish to increase the size of your party and/or add additional bedrooms please contact your Villa Specialist. If the villa can accommodate more people and/or has additional bedrooms then it may be possible to add these upon payment of a supplement where applicable. Please refer to clause 6 for further information. We reserve the right to increase or decrease prices at any time before confirmation of your booking.
Once the price of your chosen property (based on your group composition) and any other services has been confirmed at the time of booking, it is guaranteed and will not be increased (unless an obvious mistake was made by us at the time of booking which we correct as soon as we become aware of it – in this very unusual situation, you will be given the choice of cancelling the booking and receiving a full refund of all money you have paid or paying the correct price). If you would like to add people to your booking, this would count as a change to your booking; in this case, please refer to clause 6.
In order to confirm your chosen property(ies) and flights/car hire, as appropriate, a deposit must be paid at the time of booking. For villa and car hire bookings we require a deposit of 30% of the total cost of the booking (or full payment if booking within nine weeks of departure). For flights, we require full payment upfront to confirm the booking and this is non-refundable.
We accept the following methods of payment: Credit cards: Visa, MasterCard and American Express; Debit cards: Maestro, MasterCard Debit, Visa Electron, Visa Debit. There is no additional charge levied for Credit and Debit cards with the exception of American Express for which there is a 2% charge. We also accept payments by bank transfer for which you will be liable for any charges incurred.
The balance of the cost of your booking must be received by us not less than nine weeks prior to departure. This date will be shown on the confirmation invoice and in your Secure Client Area on our website and a reminder will be sent to your registered email address. If we do not receive all payments due in full and on time, 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. The currency of the invoice, and the full fixed price of the booking in your chosen currency is set when the booking is confirmed. The deposit and balance payments must both be paid in the same currency.
4. Your contract
A binding contract between you and us comes into existence as soon as any payment is received.
We both agree that English 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 England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
It is a condition of booking that you take out adequate travel insurance. As a minimum this should include cover for medical expenses, personal accident, repatriation in the event of illness or accident, loss or damage to/of personal possessions or money, cancellation charges and legal liability to any third party (which should include cover for all sums which you may become legally liable to pay as damages or costs in case of loss or damage to your property or its contents during your stay). Your acceptance of these Booking Conditions will be treated as confirmation that every member of your party has such insurance or will obtain it prior to departure. We reserve the right to ask for further evidence that you have purchased comprehensive insurance cover.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.
6. Changes by you
Should you wish to make any changes to your confirmed booking, 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 £25 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. If you wish to increase your party size this will only be possible if the property you have chosen can accommodate the additional persons and there may be a supplement to be paid if you have booked the property for reduced occupancy. Changes in party size made nine weeks or less before departure which result in a decrease in the overall cost of the booking will be treated as a cancellation and our cancellation charges will apply (see clause 7) on the difference in cost.
If you wish to transfer your booking to someone else, the transfer must be to a person or persons who agree to our Booking Conditions and who meet any requirements of the property in question. If in our reasonable opinion, the property is not suitable for the person or persons to whom you wish to transfer the booking, we reserve the right to refuse to make the transfer. If these transfer conditions are not met, your booking will be treated as cancelled by you and you will have to pay our cancellation charges as shown in clause 7. If you want to change the date of your booking, this will be treated as a cancellation of your original booking and a new booking will be created where the change can be made. Cancellation charges will apply to the first booking.
7. Cancellation by you
Should you need to cancel your booking after confirmation, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is acknowledged in writing by us at our offices (which we will do as soon as possible). Cancellations can only take effect during business hours (i.e. not on Sundays or before or after our offices open/close) and must be notified by special delivery or email. 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 invoice cost excluding any amendment / cancellation charges which have already been incurred.
For villa and car hire bookings:
|Period before departure within which written notification of cancellation is acknowledged by us|| ||Cancellation charge (% of total invoice)|
|More than 64 days|| ||30%|
|63-43 days|| ||60%|
|42-29 days|| ||80%|
|28-0 days|| ||100%|
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 and we can supply a cancellation invoice upon request.
Please note that all flights purchased through us are non-refundable and the cancellation fee is therefore 100% of the invoice value regardless of the date of cancellation.
8. Changes and cancellation by us
Occasionally, we have to make changes to and correct errors in the brochure and on the website both before and after bookings have been confirmed. Rarely, we may also need to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”.
The following changes are likely to be significant; a change of property to one of a lower standard or involving a major change of location (e.g. the other side of the island/region), the withdrawal or non availability of a major facility at the property such as the swimming pool or, where you have booked your flights through us, a change of UK departure airport or outward or return time of departure by more than 12 hours. Any change which is not significant will be treated as a minor change.
If we have to make a significant change or cancel, we will tell you 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) booking an alternative property of a similar standard to that originally booked if available (subject to the rest of this clause, if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) 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.
If we have to make a significant change or cancel 9 weeks or less before departure, we will, where compensation is appropriate, pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where 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. No compensation will be payable 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 any change is a minor one.
|Period before departure a significant change or cancellation is notified to you|| ||Compensation per person (excluding infants)|
|More than 63 days|| ||nil|
|29-63 days|| ||£10|
|42-29 days|| ||£20|
|28-0 days|| ||£30|
No compensation is payable for minor changes or where we make a significant change or cancel more than 9 weeks before departure.
Very rarely, we may be forced by "force majeure" (see below) to change or terminate your contracted arrangements 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.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of "force majeure". In these Booking Conditions, "force majeure" means any event or circumstances 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, natural or nuclear disaster, adverse weather conditions, volcanic eruptions, fire, flood, epidemic, closure, restriction or congestion of airports or airspace and all similar events or circumstances outside our control or the control of the supplier concerned.
10. Our Liability
(1) We promise to use reasonable skill and care in making your booking and selecting the properties, property owners and any other suppliers we work with. We have no responsibility for the properties themselves or for any services provided by or on behalf of property owners or other suppliers or for the acts or omissions of any property owner or other supplier or any of their employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that reasonable skill and care has not been used by us in our selection of the relevant property(ies), property owner(s) or other suppliers if you wish to make a claim against us.
Please also note; sub clauses 10(2)-(6) below are subject to sub clause 10(1) above.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which does not result from failure on our part to use reasonable skill and care in selecting the properties, property owners and any other suppliers we work with as referred to above. By way of example and not by way of limitation, we will not be responsible any claim which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of the contracted services which we could not have predicted or avoided or
(c) force majeure (see clause 8)
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
(3) We cannot accept responsibility for any services which we have not specifically contracted to provide. This includes, for example, any services or facilities which any property owner or other supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your arrangements and we have not agreed to arrange them as part of our contract. 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 in clause 10(1) and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claim or parts of a claim which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim under clause 10(5), the maximum amount we will have to pay you for any such non personal injury claim if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) 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 have not received any benefit at all from the contracted services.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £50 per person affected as you are assumed to have taken out adequate insurance at the time of booking.
(5) Where any claim or part of a claim (including those involving death or personal injury) arises from a flight which we have booked for you (including any claim which results from the process of getting on and/or off the aircraft) to which any international convention or EU regulation applies, any liability we may have (including the maximum amount of compensation we 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 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. 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 convention and regulation are available from us on request.
(6) 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. Additionally we cannot accept liability for any claims, expenses or losses which relate to any business (including without limitation, self employed loss of earnings).
11. 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 our representative (if available) and the property owner or manager / supplier of the service(s) in question. Any verbal notification must be put in writing and sent by SMS or email to our representative and the property owner or manager / supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. It is not reasonable to take no action during your holiday but write a letter of complaint on your return. If you remain dissatisfied after alerting us to any problem during your stay, however, you must write to us within 28 days of your return home giving your booking reference and full details of your complaint. We regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow the above mentioned procedure, we will have been deprived of the opportunity to investigate and resolve any complaint while you are on holiday, and this will affect the way in which we deal with the complaint and it may affect your rights under your contract.
12. Behaviour and Damages
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 paid direct at the time to the property owner or manager or other supplier. 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. Where damage is not identified until after your departure, we reserve the right to subsequently request full payment for this. If you fail to make payment when required, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs). For payments made by credit card there will be a 5% administration fee to cover bank charges.
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 (for example a property owner or manager), 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 holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the property and cease use of any other service. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. Please note animals and pets are not allowed on the holidays or at the properties we feature without prior written permission from us.
We and the owner/manager of the property concerned reserve the right to terminate your stay without notice if we or the owner/manager discover that the number of persons (adults and children) staying at the property exceeds the number stated on your confirmation invoice and you have not obtained our or the owner’s prior written permission for this and paid any extra associated costs. In this situation, no refunds will be made and we will have no further responsibility to you.
13. Safety standards
We operate in accordance with our company Health and Safety Policy which includes villa audits. However, please note, it is the laws and applicable standards of the country in which the property is located which apply to your holiday arrangements and not those of any other country. As a general rule, these laws and standards will not be the same as those of your home country and may sometimes be lower. For more information please refer to the Health and Safety page of our website: http://www.thethinkingtraveller.com/booking-your-holiday/health-and-safety.aspx
14. Swimming Pools
Swimming pools by their very nature carry their own inherent risks. You must ensure that you and all members of your party take great care when using or being near any swimming pool(s) at the property where you are staying. You should for example make sure you and all members of your party are aware of the depth(s) (including the location of any change of depth) and layout of the pool by physically checking it prior to use. Please note, depth markings are not always accurate. All persons should walk rather than run around or near the pool and read the pool notices and our health and safety recommendations in the House Guide and on our website. You must ensure that no-one dives into the pool at any time or enters it while under the influence of alcohol. You must check the pool every day before use and report any apparent defects. Many pools are not fenced. If you require a fenced pool, you must inform us of that requirement before you make your booking to allow us to locate one for you. Whether fenced or not, children must be supervised at all times by a responsible adult. We and the property owner have no liability for any death or personal injury arising from use of or connected with the swimming pool except to the extent that such liability cannot be excluded by law. Please also see clause 10 of our Booking Conditions. We and the property owner have no liability for any death or personal injury which results from failure to comply with the above requirements.
15. Special requests, medical conditions, disabilities and reduced mobility
If you have any special request, you must advise us at the time of booking and clearly note it on your Secure Client Area on our website. Although we will endeavour to pass any reasonable requests on to the relevant property owner or manager / other supplier, we regret we cannot guarantee any request unless it has been specifically confirmed in writing. Failure to meet any special request will not otherwise be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the property owner / manager / other supplier or the inclusion of the special request on your confirmation invoice 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 you, or any of your party, have any medical condition, disability or reduced mobility which may affect any aspect of your holiday arrangements (or the booking process), you must inform us before you confirm your booking so that we can advise you as to the suitability of your chosen property and otherwise assist with the booking process. In any event, you must give us full details in writing at the time of booking or, if the condition, disability or reduced mobility only develops or deteriorates after you have booked, as soon as you become aware of it.
16. Wildlife and the surrounding area
Neither we nor the property owner can be held responsible for the presence of any animals or insects at the villa you choose.
Please note that the majority of our villas are located in rural areas, where wildlife such as animals and insects are as natural a part of the landscape as the grass and the trees. It would not be particularly unusual to encounter animals, such as rodents, deer, goats or cats (stray or belonging to nearby locals), or insects such as wasps, bees, mosquitoes, flies, ants, scorpions or spiders. Insects and animals can be attracted to swimming pools, nearby streams or ponds, local vegetation and to food left out following an al fresco meal. We would urge you to keep doors and windows closed as far as practicably possible and to clear all remains of food following all (outdoor and indoor) meals. Please do not purposefully feed any local animals – it will encourage them to return and they may not be so welcome to the next guests.
If you suffer from allergies triggered by animals, please let us know before booking – whilst we cannot guarantee animals will not be or have not been present, we can recommend villas where the possibility is lessened (for example where we know owners have not kept animals). We regret that none of our villa owners will accept pets unless by special arrangement.
Neither we nor the property owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner's control.
We ask that you are respectful of the local situation including any neighbours and do not make undue noise or cause disruptions which might disturb other people or wildlife during your stay.
17. Passports, visas and health requirements
It is your responsibility to ensure that you 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 correct documentation.
18. Brochure and website accuracy
Please note, the information and prices shown in our brochure/on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of this information and prices at the time of printing or publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
For online bookings it is your responsibility to ensure that you have carefully read the villa and local area description, and that you have selected the most appropriate villa for your requirements.
Please note, the photographs in our brochure/on our website are intended to give a general overall impression of the standard of the properties we feature. Some aspects of the property may have changed by the time you come to make your booking, for example, items of furniture may have been removed by the owner or the layout of gardens may have been changed. We cannot accept any liability if this situation should arise.
The brochure and website are our sole responsibility. They are not issued on behalf of and do not commit any independent organisation/carriers whose services are featured in them.
Some of the photos on our website and in our brochure show beaches that are near to or accessible from our villas. Beaches are subject to significant climatic and natural events, including erosion and storms, which may be strong enough to completely wash away the sand from a beach, replacing it with pebbles or rocks or covering it with seaweed. We cannot therefore guarantee that the beaches represented on our website and in our brochure will be the same as when they were photographed. We will, where possible, inform you of any significant changes but we cannot be held in any way responsible for such phenomena.
19. Conditions of suppliers
Property owners and other suppliers may have their own terms and conditions. Where this is the case, these may limit or exclude the property owners / supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the property owner / supplier concerned.
20. Packages and Flight Plus Bookings
Please note, we do not sell or offer for sale any “packages” or act as an “organiser” within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make.
Where you book a flight through us and on the same day, the day before or the day after, you also book a villa and/or car hire with us, a Flight-Plus will be created of which we will be the arranger. Your Flight-Plus arrangements will be financially protected by our ATOL as referred to in clause 21.
The following information (clauses 21-23) is only relevant for bookings including flights or flight only bookings made under our ATOL licence No. 10715
21. Flight Arrangements
In accordance with EU Regulation 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 also 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 flight, the provisions of clause 8 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the timings for your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice 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 dispatched - we will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our applicable charges except where specified in these conditions.
22. Financial Protection for Flight-Plus or Flight Only Bookings
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 10715). 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. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (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 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 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. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees 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 ATOL scheme.
Please note: Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme. *The Flight-Plus (see clause 20) holidays and flights we arrange are ATOL protected providing they are made available in the UK. For further information, visit the ATOL website at www.atol.org.uk.
23. Delay and the Denied Boarding Regulations
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). Except where otherwise stated on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10(2) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
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 complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to email@example.com or see www.caa.co.uk – Referring Your Complaint to the CAA.
Part 2: Bookings of Think Experiences and additional services
The following Booking Conditions apply to all bookings of a Think Experience or any additional services. They do not apply to any villa, flight and/or car hire booking (please refer to Part 1 for the applicable Booking Conditions). Think Experiences and additional services are provided by local companies or individuals which are wholly independent of The Thinking Traveller. For Think Experience and additional service bookings, we act solely as agent for the provider concerned and your contract will be directly with that provider.
These Booking Conditions set out how your booking is made and administered together with some other applicable terms. They form part of your contract with the provider. The provider will also have its own terms and conditions which will apply to your contract as well. Copies of these are available on request. If there are any differences between these Booking Conditions and the provider’s own terms and conditions, the provider’s terms and conditions will apply in respect of the difference. These Booking Conditions also set out the basis on which The Thinking Traveller handles bookings for a Think Experience and any additional services.
In these Booking Conditions, “provider” means the person or entity which operates or provides the Think Experience or additional service and with whom you will have a contract, “The Thinking Traveller”, “we”, “us” and “our” means The Thinking Traveller Ltd, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires.
1. Making your booking
You can initiate a booking of a Think Experience or any additional services before you travel with your relevant Pre-Departure Coordinator (via telephone or email) or, where possible, via your Secure Client Area. Your contract will be with the provider concerned and not with The Thinking Traveller. For all bookings where there is a deposit or administration charge payable in order to confirm the booking, an option will be placed on our booking system which you will be able to view and confirm in your Secure Client Area. For all bookings, the person making the booking must be at least 18 years of age at the time of booking, and must be authorised to make the booking on the basis of these and the provider’s terms and conditions by all persons named on the booking or who will make use of the service.
Once we have received your go ahead and all appropriate payments (see clause 2 below), we will confirm your Think Experience or additional service and issue you with a confirmation invoice on behalf of the provider. The exception to this is wine orders where you will receive a confirmation email but no invoice will be attached. All correspondence and documents will be sent to the email address registered on your Secure Client Area. Please check your confirmation carefully as soon as you receive it and contact us immediately if any information which appears on this or any other document appears to be incorrect or incomplete.
The use of the property, its grounds and amenities is strictly reserved for those people named on the villa booking. Inviting other people (friends or external suppliers) into the villa during your stay, even if they are not sleeping at the villa, is only possible with the prior written consent of The Thinking Traveller.
2. The cost of your Think Experience or additional service(s).
Prices for Think Experiences and additional services will be sent to you, upon request, via email by your Pre-Departure Coordinator. Prices for certain additional services available at the villa(s) in which you will be staying (e.g. cook service, additional cleaning, linen change, etc) are also quoted in the property’s House Guide which will be sent to you once full payment for your holiday has been received. The House Guide for the villa(s) in which you will be staying will also be available to download as a PDF from your Secure Client Area.
In some cases, providers reserve the right to pass on any increase in the price or additional charges which arise after booking in accordance with their terms and conditions. The prices for all Think Experiences and additional services are quoted in Euros and you will need to pay all balances due locally in Euros. For all Think Experiences and additional services where full payment is made to The Thinking Traveller (with the exception of wine orders – please see below) you will be able to choose whether to confirm your booking in Euros, Sterling or US Dollars. Please note that when we take full payment for a Think Experience or additional service, the currency and amount will be fixed at the time of booking and the balance payment will be in the same currency as the deposit payment. Payments for wine orders (Planeta and Tormaresca) are only accepted in Euros.
The applicable payment method depends on the Think Experience or additional service booked. You will either need to pay a standard administration fee or a deposit at the time of booking and then the balance locally (in Euros) to the provider or we will take payment (deposit at the time of booking and balance 9 weeks prior to departure or full payment at the time of booking if within 9 weeks of departure) on behalf of the provider and no further payment will be due locally. Please note that all administration fees and deposits are non-refundable. For bookings where we take both a deposit and the balance payment, the currency will be fixed when you confirm your booking. For sales of wine (Planeta and Tormaresca), we collect full payment on behalf of the supplier when the order is confirmed – the sales contract is between you and the wine supplier.
For those services where local payment is required, you must ensure that you are able to pay using a method that the provider is able to accept. Please note that many providers will only accept a Euro cash payment and do not have credit card facilities. Please check with us if you are unsure which method of payment you can use for your particular Think Experience or additional service.
For amounts payable to The Thinking Traveller we accept the following methods of payment: Credit cards: Visa, MasterCard and American Express; Debit cards: Maestro, MasterCard Debit, Visa Electron, and Visa Debit. There is no additional charge levied for Credit and Debit cards with the exception of American Express for which there is a 2% charge. We also accept payments by bank transfer for which you will need to bear any costs involved.
4. Your contract
A binding contract between you and the provider of the Think Experience or additional service comes into existence as soon as the applicable payment is accepted at the time the booking is made. A binding contract between you and Planeta or Tormaresca wine comes into existence when we dispatch your confirmation e-mail to your registered e-mail address. For Think Experiences and additional services we act in the capacity as booking agent only. The terms and conditions of the provider in question will apply to your contract. A copy of these is available on request.
You must ensure that your travel insurance will cover your chosen Think Experience or additional services. Many policies exclude cover for any activity which the insurer considers to be hazardous so please ensure you check the policy terms and conditions.
6. Changes by you
Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, the provider may not be able or willing to meet any such requests. Where the change can be made, an amendment administration fee of £25 per change will be payable together with any charge or cost incurred or imposed by the provider.
7. Cancellation by you
For all transfers cancelled up to 48 hours before the start of your holiday, a 5% cancellation fee will be charged. For transfers cancelled less than 48 hours before the start of your holiday, a 50% cancellation fee will be charged.
All one-off administration fees are non-refundable. If you cancel either a cook service or shopping service within 48 hours of the start of the service and the shopping has already been done, you will be liable to pay for the shopping on presentation of a receipt. If cancelled on the same day as the service is to be provided or is due to commence then the full cost of the service will be payable.
For all other Think Experiences and additional services, the cancellation policies of the individual providers will apply (available on request). Where a cancellation payment is made through us, a 5% cancellation fee to cover administration costs will always be applied. Please note that for Think Experiences or services where the balance payment is due locally you may need to pay a cancellation fee to the provider in accordance with their booking conditions.
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 and we are able to provide a cancellation invoice on request.
For all transfers the below cancellation fees apply based on the full cost of your transfer:
Up to 48 hours before the time of the transfer: 5%
Between 48 hours and 24 hours: 50%
Between 24 hours and 12 hours: 80%
Less than 12 hours or no show: 100%
8. Changes and Cancellation by the Provider
If there is a change to your Think Experience or additional service booking or the provider has to cancel this for any reason, we will advise you as soon as we become aware. As agent only for the provider, we cannot accept any liability for any change or cancellation made by the provider.
9. Force Majeure
Neither the provider nor The Thinking Traveller will have any liability or pay any compensation where the performance or delivery of a Think Experience or any additional service is prevented or affected by, or you otherwise suffer any damage, expense or loss as a result of, "force majeure". In these Booking Conditions, "force majeure" means any event or circumstances which the provider or, where applicable, The Thinking Traveller 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, natural or nuclear disaster, adverse weather conditions, volcanic activity, fire, flood, epidemic, closure, restriction or congestion of airports or airspace and all similar events or circumstances outside the control of the party concerned.
Think Experiences and additional services are provided by local companies or individuals which are wholly independent of The Thinking Traveller. We act solely as agent for the provider concerned and your contract will be directly with that provider. The provider’s own terms and conditions will apply to your contract. Copies of these are available on request. These terms and conditions may include limitations and exclusions of the provider’s liability.
Whilst every reasonable effort is made to keep the description of every Think Experience and additional service accurate and up to date on our website and in the information we provide, changes and errors may occur. If we become aware of any material change or error, we will advise you of this at the time of booking or when we are told if later. We cannot, however, accept any responsibility for any changes or errors. You must ensure you check all details of your chosen Think Experience or additional service at the time of booking.
The provider may cancel or change your Think Experience or additional service at any time at its discretion for many reasons including where it considers that there may be a risk to your comfort, health or safety or for factors outside its control such as weather conditions. Some Think Experiences (e.g. helicopter rides, excursions on Mount Etna, boat charter etc.) may involve an element of risk or require a good level of physical fitness. If you are in any doubt as to what may be involved (including any fitness requirements), you should contact us so we can put you in touch with the provider before deciding to confirm your booking. As referred to in clause 5, it is essential you check that your Think Experience and any additional services are covered by your travel insurance. It is your responsibility to ensure this.
We provide you with information about and the means of booking the Think Experiences and additional services in good faith. However, we do not operate them and have no involvement with or control over the providers. We cannot therefore accept any liability for any Think Experience or additional service or for the acts or omissions (including without limitation, negligence and/or breach of contract) of any provider or any of its employees, suppliers or sub-contractors or for anyone else involved with any Think Experience or additional service or for any personal injury, death, damage, loss, expense or other sums or claim whatsoever. We do not, however, exclude liability for our negligence or that of our employees (providing they were at the time acting within the course of their employment) which results in your death or personal injury. For all other claims which arise from our negligence, our maximum liability is in all cases limited to £500 per booking.
For the avoidance of doubt, we cannot accept any responsibility for any additional services or facilities which any property owner or other third party agrees to provide for you without our knowledge or assistance such as babysitting or bike rental.
11. Complaints and Problems
As we act only as agent for the providers for all Think Experience and additional service bookings, any assistance we provide in resolving or attempting to resolve a complaint or claim is provided on a goodwill basis and in our capacity as agent.
12. Your behaviour
All clients are expected to have consideration for other people. If in the reasonable opinion of the provider or any other person in authority, you behave in such a way as to cause or be likely to cause danger or risk of injury to yourself or others, upset or distress to any third party or damage to property, the provider is entitled, without prior notice, to terminate participation in the Think Experience or additional service by the person(s) concerned. The provider will then have no further responsibility toward such person(s). No expenses, costs or refunds will be paid.
13. Safety standards
Please note, it is the laws and applicable standards of the country in which the Think Experience or additional service is provided which apply and not those of any other country. These laws and standards may not be the same as in your home country and may sometimes be lower.
It is your responsibility to ensure that you are satisfied with the safety standards and precautions offered by the provider before using their service(s) or participating in any Think Experience. Please also see clause 10 above.
We have a policy of not recommending or endorsing childcare or babysitting providers as we do not believe we are in a position to do so. We do understand that many of our clients require these services when taking a villa holiday. However, in view of the safety, security and suitability concerns which all parents have when sourcing childcare or babysitting providers, clients need themselves to be comfortable with and to carry out their own checks on such providers. Please bear in mind that the majority of these providers will not have any official childcare qualifications. Any babysitting or childcare arrangements which you may make with the local staff at your villa are entirely at your discretion. The Thinking Traveller does not vet or check local staff for suitability for providing childcare and we cannot accept any responsibility or liability for such arrangements.
15. Website and Brochure accuracy
Every reasonable effort is made to provide accurate and up to date information on our website and in our brochure. Regrettably however, changes and errors do occasionally occur. We cannot accept liability for errors. Prices and details of Think Experiences and additional services are subject to change without notice and availability.