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Self Guided Walking Holidays & Cycling Holidays


MACS ADVENTURE LIMITED BOOKING CONDITIONS

Please read the below terms and conditions carefully. These conditions, along with any other information given to you at the time of booking, set out the terms and conditions of the contract between you and Macs Adventure Limited, (Registered Address, 2nd Floor, Skypark 5, 45 Finnieston Street,Glasgow G3 8JU United Kingdom.)

All bookings made with Macs Adventure are made subject to these Booking Conditions. When you pay your deposit you are making an offer to purchase our services or holidays, which, if accepted by us, will result in a binding contract. Payment of your deposit does not constitute our acceptance of your offer and your deposit will be refunded in full if your offer is refused.

Once your holiday has been confirmed we will accept responsibility for it in accordance with these conditions as an "Organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note that for any bookings which fall outside of the scope of these regulations, we act as agent for the relevant service providers, and your contract for those services is with the directly with the supplier.


The Conditions in Full

1. YOUR HOLIDAY CONTRACT: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the exclusive jurisdiction of the English Courts.

2. YOUR FINANCIAL PROTECTION: Book with Confidence. We are a member of ABTA which means you have the benefit of ABTA’s assistance and Code of Conduct. We provide full financial protection for your money.

3. ABTA: We are a Member of ABTA, membership number Y2210. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

4. YOUR HOLIDAY PRICE

(a) We reserve the right to alter the prices of any of the holidays shown in our brochure or website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.

(b) When you make your booking you must pay a deposit of 20% of the holiday cost per person (for all "Bike & Boat" style tours, this deposit is 25%). The balance of the price of your travel arrangements must be paid at least 6 weeks before your departure date (60 days prior to departure in the case of "Bike & Boat" style tours), unless otherwise advised. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 3 May 2016 in relation to the following currencies: Canadian Dollars, Euros, Icelandic Krona, Moroccan Dirham, Swiss Francs & US Dollars.

(c) When the price of your chosen holiday has been confirmed, 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, if our costs increase or decrease as a result of (as applicable) transportation costs, dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or any changes in the exchange rates which have been used to calculate the cost of your holiday.

Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance and any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your trip (excluding insurance and 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 holiday from us as referred to in Clause 7. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel your holiday or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of the start of your holiday. No refunds will be made within this period either. For any bookings made through us as agent, we reserve the right to pass on to you in full, after your booking has been confirmed, all costs and/or charges incurred or imposed by any Supplier connected with your arrangements, including any price increases due to currency fluctuations.

5. IF YOU CHANGE YOUR BOOKING: If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £35 per person per element, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. A change of holiday dates will normally be treated as a cancellation of the original booking. We are not able to hold deposits and carry them on to a booking for the next year.  Should a member of your party be prevented from travelling you may transfer the booking to another person(s), provided it is not less than14 days prior to departure and you pay an amendment fee of £35, as well as any additional costs we may incur. Note: Certain travel arrangements (e.g. Hotel or Transportation Bookings) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

6. IF YOU CANCEL YOUR HOLIDAY: You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 7. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

7. IF WE CHANGE OR CANCEL YOUR HOLIDAY: It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than six weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used in your pre-departure information pack. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.

If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

All Trips (With the Exception of Bike & Boat)

 

 

If we make a major change to your holiday:   

If we cancel your holiday:  

If you cancel your holiday:

 

 

amount you will receive from us

amount you will receive from us

amount of cancellation charge

Period before departure within which notice of Cancellation or major change is received by us or notified to you

More than 42 days

£0

Monies Paid

Deposit only

More than 28 days

£0

Monies Paid (+£10)

30% of holiday cost

More than 14 days

£10

Monies Paid (+£20)

50% of holiday cost

14 Days or Less than 14 days

£20

Monies Paid (+£40)

100% of holiday cost

Bike & Boat Trips

 

 

If we make a major change to your holiday:   

If we cancel your holiday:  

If you cancel your holiday:

 

 

amount you will receive from us

amount you will receive from us

amount of cancellation charge

Period before departure within which notice of Cancellation or major change is received by us or notified to you

84 days (or more) before travel

£0

Monies Paid

Deposit only

60 days (or more) before travel

£0

Monies Paid (+£10)

60% of holiday cost

29 days (or more) before travel

£10

Monies Paid (+£20)

85% of holiday cost

28 Days or Less than 28 days before travel

£20

Monies Paid (+£40)

100% of holiday cost


Force Majeure: We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

8. IF YOU HAVE A COMPLAINT: If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier), our local representative or the Macs Adventure office or Out of Hours manager immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Macs Adventure Holidays, 2nd Floor, Skypark 5, 45 Finnieston Street, Glasgow G3 8JU, United Kingdom giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If your complaint is not resolved by Macs Adventure you may refer the complaint to the AITO Independent Dispute Settlement Service, which is an independent and low cost service. Full details are available from us or Aito. The maximum sum which a Mediator may award under this arrangement is limited to £2,500.00 per individual, but subject to a maximum sum of £10,000.00 for any one booking. This service is not considered suitable for claims which are solely or mainly in respect of physical injury or illness or the consequences thereof. Alternatively, we are members of ABTA and you may make use of the dispute resolution scheme mentioned in clause 3.

9. OUR LIABILITY TO YOU: Subject to the other provisions of this clause 9, we accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described by us. If, after departure, any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation, if this has affected the enjoyment of your travel arrangements. The level of such compensation will take into account all relevant factors including the invoice price of the holiday, any steps it was reasonable for the client to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the package.

Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or any member of your party, unless you are able to prove that such injury or illness was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you. It is a condition of the payment of compensation that you notify us of any complaint or claim strictly in accordance with clause 10 and, further, assign to us any rights that you may have against any third party in connection with your claim. You must co-operate with us and our insurers in this regard. If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you booked with us - including for example any additional services or facilities provided to you by a hotel or any other supplier which was not included as part of the original contract between us – we will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances provided we are advised of the incident promptly. We will not be responsible where you do not enjoy the holiday or suffer any other problems because of a reason which you did not make us aware of when the holiday was booked. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements.

In all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following:

i.   the fault of the person affected or any members of their party or

ii.  the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or

iii.  an event or circumstances which we or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care

The promises we give to you regarding the services we have agreed to provide or arrange as part of the contract, and the laws and regulations of the country in which your claim or complaint occurred, shall be used as the basis for ascertaining whether or not the services in question have been properly provided. If the services in question which caused the claim or complaint complied with the local laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided. Such shall be the case even if the services did not comply with the laws and regulations of the UK which would have applied if those services had been provided in the UK.

Our liability will also be limited in accordance with and/or in an identical manner to

(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices (2nd Floor, Skypark 5, 45 Finnieston Street, Glasgow G3 8JU, United Kingdom). Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk

10. PROMPT ASSISTANCE DURING YOUR HOLIDAY: if the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

11. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS: Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. You can visit Visa Swift to find out what visas and other documents you may require for your destination, or you can contact the relevant embassy or consulate directly.

12. INSURANCE: It is a condition of your contract with us that you must take out adequate travel insurance suitable before you travel to cover yourself for cancellation, curtailment, injury or illness during your holiday with Macs Adventure. We do not check insurance policies for suitability, but reserve the right to request a copy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.

13. SUITABILITY & BEHAVIOUR: All our holidays, tours and courses are graded and it is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to compete the holiday. If you have and medical conditions, allergies or special dietary requirements you must inform us and your leader (where appropriate). We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity travel and that you undertake the treks, tours and activities of your own free will. If you decide that you are unable to continue the holiday you will be responsible for making your own alternative arrangements at your own expense. If in our reasonable opinion your behaviour is likely to cause injury, upset or distress to third party or damage to property we are entitled to terminate the holiday of the person(s) concerned, without prior notice and they will be responsible for making alternative arrangements and no refunds will be given.

14. EXCURSIONS: Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. All excursions are supplied by third party suppliers and are subject to their own terms and conditions. They do not form part of your holiday and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

15. WEBSITE, BROCHURE & ADVERTISING ACCURACY: We make every effort to ensure the accuracy of the advertising, brochure and website information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. The information and prices shown on our website and in our brochures may have changed by the time you come to book your Arrangements.

16. DISABILITIES AND SPECIAL REQUIREMENTS: If you have any disability or special requirements, it is essential that you inform us at the time of booking so that we can make the appropriate enquiries about the suitability of your chosen holiday for you. If we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the booking.

17. SPECIAL REQUESTS: If you have a special request for anything that is not automatically part of your holiday, please check when you book your holiday and we will pass this information on to the suppliers we work with. Our note of your request on your invoice confirms we have received it and does not guarantee that we, or the relevant supplier, can meet your request. Where possible they will try to help you, but we cannot guarantee any request will be met, unless it is noted on your invoice and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met (e.g. special meal types on flights, etc.). We and will not pay compensation for failing to meet a special request. that we have not confirmed separately in writing.

18. DATA PROTECTION AND PRIVACY: We are fully compliant with all data protection legislation. Please see the privacy policy on our website for full details.

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Get In Touch

lf you require more information before booking, please contact us on

+44 (0)141 530 5464

+1 -844-858-0740

(USA & CANADA)

© 2017

Macs Adventure - Head Office: Skypark 5, 45 Finnieston Street, Glasgow, G3 8JU, UK

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