Booking Conditions for Naturally Travels Limited
Please Read Carefully
1. Your Holiday Contract
We provide a package holiday service (including accommodation, flights and excursions which are booked at the same time as the accommodation and flights and paid for as part of the inclusive price) by taking telephone and email enquiries from customers regarding package holidays to Belize and Central America. After obtaining relevant information from the customer, we produce a recommended holiday itinerary ("Itinerary").
3. To Secure Your Booking
Once you have received your Itinerary from us, to secure a booking we require a completed booking form ("Booking Form") (available from our website at www.naturallybelize.co.uk ("Website") or from us direct) together with the necessary deposit (which is dependent on the number of people within your group and will be notified to you prior to booking) or full payment where the Booking is made less than 60 days before departure, and evidence of travel insurance cover. Please note that an Itinerary is not a binding offer. An Itinerary will not be confirmed until a signed Booking Form has been completed and received by us along with the necessary deposit and evidence of travel insurance cover.
The person making the booking and signing the Booking Form will be known as the "Party Leader". The Party Leader warrants that he is over 18 years of age and has full capacity and authority to sign the Booking Form on behalf of all persons whose names appear on the Booking Form and of others whom he may later add to the group. He also confirms that all such persons are fully aware of and accept these Booking Conditions and the details contained in the documentation referred to in these Booking Conditions. Booking Forms can be submitted via our Website, post or fax. Once your Booking Form has been received, together with the necessary deposit and evidence of travel insurance cover, we will issue a confirmation invoice ("Confirmation Invoice"). A binding contract between us comes into existence at the moment that we dispatch the Confirmation Invoice to the Party Leader. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate as well as the Confirmation Invoice. Upon receipt, if you believe that any details on the ATOL Certificate or Confirmation Invoice or any other document are wrong you must advise us immediately and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
Should there be an issue, such as availability, following the submission of your Booking Form we will not process any monies until you have been informed and we have resolved the issue. If the issue cannot be resolved we will cancel your booking and return your money to you. We reserve the right to decline your deposit and Booking Form and decline to issue a Confirmation Invoice at our absolute discretion.
4. Your Holiday Price
a. Payment of Balance
Any outstanding balance is due no later than 60 days prior to departure, the date of which will be shown on your Confirmation Invoice. Occasionally we may require the outstanding balance no later than 90 days prior to departure and you will be advised of this prior to booking. If the deposit and/or balance is not paid by the due date, we reserve the right to cancel the booking and apply the cancellation charges set out in clause 6.
Holidays that take place over the Christmas period may be subject to balance payment due no later than 90 days prior to departure.
If a booking is made less than 60 days prior to departure then the deposit and the balance are payable at the time of booking and you will be expected to pay for the full cost of the holiday at that time to secure the booking.
b. Total Holiday Price
Included in total holiday price:
Any prices quoted are subject to change prior to booking and you will be advised of the current price of the holiday that you wish to book before the Contract is confirmed by the Confirmation Invoice.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is at all times subject to changes due to changes in transport costs, including the costs of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, government action such as increases in VAT or any other government imposed increase or the exchange rates applied to the particular package. We will not vary the price of your holiday less than 30 days before your departure date, but if variations occur before that time, we will absorb or retain an amount up to the first 2% (excluding any amendment charges) of your invoiced holiday cost. For variations greater than 2%, we will still absorb the first 2% in the cases of both increases and decreases, however should the variation result in an increase due to the changes mentioned above by more than 2%, we will charge you for the increase over the initial 2%. Should the variation result in a decrease due to the changes mentioned above by more than 2%, we will refund you for the decrease over the initial 2%. If this means that you have to pay an increase of more than 10% of your holiday price, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or cancelling your holiday and receiving a full refund of all monies paid to us (as mentioned above) except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to use this cancellation entitlement you must exercise your right to do so within 14 days of the date of our surcharge invoice.
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.
Payment can be made by bank transfer, by cheque which should be made payable to Naturally Travels Limited or by credit and debit card (Visa and Mastercard only).
6. If You Cancel Your Holiday
Should you wish to cancel your holiday, cancellation charges will be imposed. You must notify us in writing that you wish to cancel your holiday, either by fax, email or letter, and such notification must be signed by the Party Leader. The cancellation charge will be calculated from the day written notification is received by us. We take no responsibility for non-delivery or non-receipt of the notification of cancellation from you.
The cancellation charge will be calculated as a percentage of the total holiday cost, excluding the cost of any international flights (which are included in the deposit paid), and including surcharges, as shown below:
|Period before departure date that letter is received||Cancellation charge as % total holiday costs|
|Before 60 days||Deposit only|
|Between 60 days and 45 days||50% of the total holiday costs|
|Less than 45 days||100% of the total holiday costs|
7. If You Change Your Holiday
If, after our Confirmation Invoice has been issued and up to 60 days prior to departure, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will use all reasonable endeavours to make these changes however it may not always be possible. Any requests for changes to be made must be in writing from the Party Leader. Changes are subject to availability (see additional info for conditions regarding changing your holiday)
You will be asked to pay any applicable cancellation charge 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.
If the change made results in an increase in the cost of your holiday and the change is made prior to 60 days before departure, there will be an increase in your balance payment. If the relevant payment is not made within seven (7) days of the change being made, we will have the right to cancel the booking and levy any applicable charges. If you subsequently cancel the booking to which you have transferred, the cancellation charges in clause 6 will apply.
Any change made less than 60 days prior to departure will be treated as a cancellation of the booking, to which the cancellation charges set out in clause 6 will apply, and rebooking will be required. As the rebooking will occur less than 60 days prior to departure, the full price of the holiday will be payable at the time of rebooking.
If you are prevented from travelling on the holiday you booked by genuine circumstances (e.g. insurable risks or other circumstances beyond your control), you may transfer your booking to another person provided they meet all the requirements relating to that holiday, that the holiday arrangements remain the same and subject always to all suppliers relating to the holiday booked (e.g. accommodation providers, etc) agreeing to accept the name change. If the suppliers relating to the holiday booking do not accept a transfer of the name to another person, then such request to transfer will be deemed to be a cancellation of the holiday and be subject to the cancellation provisions at clause 6. You must provide proof of why you are unable to travel at the time you request to transfer your booking. The booking cannot be transferred within 45 days of the date of departure. If the transfer is allowed, then an administration charge of £25 (plus any extra charges levied by suppliers) will apply.
Bookings may not be transferred to another person in any other circumstance. In the event of you transferring your booking to another person, you are jointly and severally liable for payment of the holiday price and other associated expenses. The person to whom the booking is transferred must agree to be bound by these Booking Conditions and will be required to complete a Booking Form.
8. If We Change or Cancel Your Holiday
Due to the nature of the holiday, it is possible that we may have to make changes to your travel arrangements and we reserve the right to do so at any time. Tourism infrastructure in Belize may be substantially lower than you would expect in Europe or North America with relation to both travel and accommodation. Your booking is accepted on the understanding that this is realised and that flight connections, transfers, excursions etc do not always happen as stated in your Itinerary. The outline Itineraries given for each holiday must be taken as an indication of what each group should accomplish, and not as a contractual obligation on our part.. Changes in Itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. If you are unable or choose not to complete an Itinerary, we shall not be responsible for supplying an alternative Itinerary, excursion, accommodation or service and no refunds or compensation will be given for such non-utilisation of services.
We reserve the right to cancel a booking in any circumstances. However we will not cancel a booking less than 60 days before departure except for Force Majeure make the holiday impossible; or if you do not pay the final balance in accordance with these Booking Conditions.
Most changes will be minor (to include but not limited to any changes to the actual airline including alteration of your outward/return flights by less than 24 hours/changes to aircraft type, and change of accommodation to another of the same standard) and we will advise you of them as soon as reasonably possible.
If we make a major change to your holiday (to include but not limited to alteration of your outward/return flights by more than 24 hours, and change of destination), we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements or an alternative holiday if available, or cancelling your booked holiday and receiving a full refund of all monies paid. You must notify us your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 60 days before departure, we will also pay compensation as detailed below:
|Period of notice we give you before departure||Compensation for each customer|
|70 days or more||£0|
|7 days or less||£40|
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 60 days before departure or in the event that 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, including but not limited to Force Majeure events such as hurricanes and tropical storms.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Occasionally, we may be forced by "Force Majeure" (see clause 9) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
9. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid - known as a Force Majeure event. These can include (but are not limited to) Acts of God, including but not limited to fire, flood, earthquake, windstorm, hurricane, tropical storm or other natural disaster, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, nuclear, chemical or biological contamination or sonic boom, mandatory compliance with any law, fire, explosion or accidental damage, loss at sea, adverse weather conditions, epidemics, or health risks, any labour dispute, including but not limited to strikes, industrial action or lockouts, interruption or failure of utility service, including but not limited to electric power, gas or water, collapse of building structure, failure of plant machinery, machinery, computers, or vehicles, technical or maintenance problems with transport, non-performance by suppliers or subcontractors, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of the transportation by the transport supplier, such as flights by airlines or main charterer, the alteration of airlines or aircraft types, or other similar events beyond our control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
10. Your Financial Protection
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under ABTOT Combined and The Package Travel and Linked Travel
Arrangements Regulations 2018 for Naturally Travels Limited 5393, ATOL number 9968, and in the event of their insolvency, protection is provided for the following:
ABTOT Combined cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with Naturally Travels Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 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 Combined scheme.
For further information visit the ATOL website at www.atol.org.uk or the ABTOT website at www.ABTOT.com
11. Passports, Visas and Vaccinations
It is your responsibility to ensure that you are in possession of a valid passport and all necessary travel and health documents required for the entirety of your journey before departure, including any relevant visas or documentation required for you to travel to and access areas to where you are travelling. Please see Essential Holiday Information for further details
12. Our Liability
Bookings are accepted on the understanding that you (and those members of your party) appreciate the risks inherent in adventure and independent travel and that you all undertake the excursions featured in the package at your own volition and of your own free will.
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don't involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price 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 or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which 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 (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
13. Holiday Participation
Any special requests or disabilities should be notified to us at time of booking and we will inform our suppliers at your destination, however, we cannot guarantee that requests will be met and we cannot accept claims for compensation if they are not provided. Please see Essential Holiday Information for further details.
14. Conditions of Suppliers.
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
15. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 12 (2) (a) (b) (c) or (d) of these Booking Conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 of these booking conditions (which includes hurricanes, tropical storms or the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your Confirmation Invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a "Community list" (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.php) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the 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. If the airline does not comply with these rules you should complain to the air transport users council on 02072406061 www.auc.org.uk. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
Travel insurance is your entire responsibility and an essential pre-requisite to booking a holiday with us due to the nature of the countries visited and the excursions we offer. See Essential Holiday Information.
17. Excursions, Activities and Resorts Information
Excursions, tours or other activites that you book or pay for whilst on holiday do not form part of the travel arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.
In the unlikely event of a complaint whilst on holiday, we would ask you to inform us as soon as possible whilst on your holiday in order to give us the opportunity to try and resolve any problems immediately. Should you have a complaint about any of the holiday arrangements, we would ask you to inform both us and the relevant supplier at the time. Failure to inform relevant people of any issues as soon as possible may result in our ability to resolve the matter or your ability to make any claim, being extinguished or at least reduced. If you have a complaint or dispute with us which you are unable to resolve at the time, you should write a letter of complaint and send it to email@example.com no later than 30 days from your scheduled return date, giving your booking reference and all other relevant information and details of how you attempted to resolve matters whilst on holiday in accordance with this clause.
If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited
9 Savill Road
This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.
19. Law and Jurisdiction
This Contract, made on the terms of these Booking Conditions, and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.