Please read them carefully as they set out our respective rights and obligations. 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) “We”, “us”, “our” means Pennywood tours Ltd.
Our obligations to you may vary depending on whether or not what you have booked with us is a “package” as defined within the Package Travel and Linked Travel Arrangements Regulations 2018.
As the duration of our day trips is less than 24 hours and no accommodation is included, these trips are not a “package” as defined in the Package Travel and Linked Travel Arrangements Regulations 2018.
We have provided clarity throughout these Booking Conditions as to which obligations do not apply to our day trips.
To confirm a booking, you must complete and sign a copy of our booking form which will be sent to you when you make your deposit or full payment.
When you make a booking, the first name person on the booking agrees on behalf of all persons detailed on the booking that:
The Group Organiser (for group bookings) or lead passenger (all other bookings) is responsible for making all payments due to us and your completed booking form(s), must be sent to us together with the payments referred to in Clause 2 below.
Once we have received your booking form and appropriate payment, we will, subject to availability, confirm your tour by issuing a confirmation invoice. A binding contract between us comes into existence when we issue and dispatch our confirmation invoice to the Group Organiser (for group bookings) or lead passenger (all other bookings). We reserve the right to return your deposit and decline to issue a confirmation invoice at our absolute discretion.
Contact us immediately if any information, which appears on the confirmation or any other document, appears to be incorrect, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies, of which you should have been aware, in any document, within 10 days of our sending it out.
We require a minimum number of persons to operate your tour. Your booking will be held on a provisional basis until the required minimum number has been reached, when a confirmation invoice will be issued. If, by 90 days before the departure, the minimum number has not been reached we will:
In order to confirm your chosen tour, a deposit payment per person, as specified in our promotional leaflet (or full payment if a booking is made within 8 weeks of the departure date), must be paid at the time of booking.
Please note that for day trips, full payment will be taken at the time of booking.
We must receive the balance of the tour cost not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. Itineraries will not be sent unless full payment is received. In certain circumstances you may be asked to pay a schedule of further deposits and/or pay the balance earlier than indicated above due to our commitment to suppliers. Once these early payments have been made they become non-refundable, overriding our standard cancellation policy. If we do not receive all payments due in full and on time, including any surcharge where applicable, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in Clause 5 will be payable.
We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. You will be advised of any error of which we are aware and the then applicable price prior to the time that your holiday is confirmed by us.
For all tours, once you have accepted the basic price and a booking has been confirmed, that price is fully guaranteed and will not be subject to any surcharges.
Please note that changes and errors occasionally occur. You must check the price of your chosen tour at the time of booking.
Please also refer to Clause 7.
Should you wish to make any changes to your confirmed tour, you must notify us in writing by sending a letter to Pennywood Tours Ltd,Aspect House, Pattenden Lane, Marden, Kent. TN12 9QJ, or via email to firstname.lastname@example.org 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 10% of the cost of your booking will be payable, together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Should any cheques issued to us in payment of any services be returned unpaid by our bank, any charges levied by our bankers will be passed on to you.
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 5, below.
Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: certain arrangements may not be amended or transferred after they have been confirmed any any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
Cancellation Charges for Tours (except for Day Trips)
|Number of Days before departure within which written notice is received by us||Cancellation charge per person cancelling|
|84 days or more||10% of the total booking cost|
|83-57 days||30% of the total booking cost|
|56-31 days||50% of the total booking cost|
|30 days or less||100% of the total booking cost|
Cancellation Charges for Day Trips
|Number of Days before departure within which written notice is received by us||Cancellation charge per person cancelling|
|31 days or more||10% of the total booking cost|
|16 – 30 days||50% of the total booking cost|
|15 days or less||100% of the total booking cost|
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.
Should one or more member of a party cancel, it may increase the person tour price of those still travelling and you will be liable to pay this increase. Should you choose not to pay the increase, this will be deemed to be a cancellation by you and this shall result in your booking being cancelled
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
You have the right to cancel your confirmed tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 5 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) regulations 2013 (Directive 2011/83/EU).
Please note that this clause 5 b) does not apply to day trips
It is a condition of our acceptance of your booking that you have adequate travel insurance if travelling outside the UK. You must attach details of your alternative policy (insurer, policy number and emergency telephone number) when completing this booking form. Pennywood Tours Ltd retain the right to cancel a booking where there is failure to provide such details. Please read the policy details carefully. Please note, that we do not check alternative policies and it remains, at all times, your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. Important: Please pay special attention to the clause covering delay and cancellation. Please be aware that your alternative insurance policy may exclude cover for loss caused by adverse weather conditions.
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
InsuranceIf we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure in which we notify you||Compensation you will receive from us|
|84 days or more||Nil|
|30 days or less||£30|
We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
Please note that the above clause 7 C. 1 does not apply to Day Trips
If we have to make a significant change or cancel your Day Trip before departure, we will tell you as soon as possible and we will offer you the choice of:
We regret that we do not offer compensation for any changes or cancellations of our Day Trips
Very rarely, we may be forced by “force majeure” (see Clause 8) to change or terminate your tour 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.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
Except where otherwise expressly stated in these Booking Conditions, we will not be liable or pay compensation if our contractual obligations to you are affected by “Force Majeure”. For the purpose of these Booking Conditions, “force majeure” means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
1) Where you have booked a “package” with us, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. 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 Booking 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) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard), for a period not exceeding three nights per person. Please note that the three-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as the floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Our basic obligation under this contract is to select suppliers with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused.
1) 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:
2) 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
3) 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.
4) 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.
5) 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.
6) 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.
In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform our Tour Manager and the supplier of the service(s) in question in order to give us the opportunity to resolve the matter at the time. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 14 days of your return. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept liability in respect of claims received after this period or if they have not been reported to our Tour Manager.
Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
You can access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner, manager or other supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Independent suppliers provide many of the services that make up your tour. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the suppliers’ 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 us or the supplier concerned.
Although we endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your Confirmation 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. We regret we cannot accept any conditional bookings, ie, 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 member of your party has any medical problem or disability which may affect your tour, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline/cancel their reservation.
Unfortunately, our holidays may not be suitable for people with certain disabilities or medical conditions. If you have a disability, coaches can be difficult to get on and off and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. Should any member of your party suffer from any disability or medical condition which may affect their holiday you must notify us at the time you book the holiday and include any specific requirements. Additionally, at the time you book the holiday you must provide written confirmation that all assistance the disabled person requires will be provided by you. In view of the nature of our holidays, we regret we must reserve the right to decline any bookings whenever we feel unable to accommodate the needs of any particular tour member or where, in our opinion, the medical condition or disability of the tour member concerned is likely to have a significant effect on other party members on the same tour. We further reserve the right to cancel any tour and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time of booking. If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise you to contact us directly before making your reservation. This will enable us to check the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
A full and valid passport is required for all overseas tours. Your specific passport and visa requirements and other immigration requirements, and any costs related to obtaining these, are your responsibility and you should consult with the relevant Embassies and/or Consulates for the countries to or through which you are intending to travel. We do not accept responsibility if you cannot travel or you incur any loss because you have not complied with any passport, visa or immigration requirements. For information on health please refer to the DSS leaflet T6 (Health Advice for Travellers) obtainable from your local Department of Health office and most Post Offices (UK nationals). For European tours it is recommended to obtain an EHIC card (which replaced the E111 card in Jan 2006), together with personal Travel Insurance. – see Clause 6).
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
In compliance with the Package Travel and Linked Travel Arrangements Regulations 2018 we are required to protect all payments you make to us for package holidays. We do this by arranging specialist financial failure insurance so if Pennywood Tours were to fail, your money would be refunded by the insurance company. Full financial protection is provided by way of an insurance policy with [INSERT NAME AND ADDRESS AND CONTACT DETAILS]
If you book arrangements other than a package holiday from us, your monies will not be financially protected. Please ask us for further details.
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 8).
Please note the information and prices shown in our leaflets and on our website may have changed by the time you come to book your chosen arrangements. Whilst every effort is made to ensure accuracy at the time of printing, regrettably errors do occasionally occur. You must, therefore, ensure you check all details of your chosen tour (including the price) with us at the time of booking.
Please note, it is the requirements and standards of the country in which your tour is being provided which shall apply to the services which make up your tour, and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may be lower.
We describe the hotels as accurately as we can and, where possible; we also make inspection visits to the hotels to satisfy ourselves that standards and facilities are maintained as described in the hotel brochure. Facilities vary in how many double bedded rooms are available. If doubles are unavailable, a twin bedded room will be offered, which is 2 single beds next to each other. Larger rooms for 3-4 persons may not always be available and can vary in size. A triple room will have either a double bed and a single bed, or three single beds, or the room could have an extra bed put into a double room, which could be a foldaway bed. A hotel will have a range of rooms available; where room types are limited the hotel management will have a policy in place to avoid overselling.
All optional excursions or extras offered by us are subject to local conditions i.e. road closures, religious festivals, etc. Timings may need to be altered as a result. Certain excursions may only be operated if a minimum number is reached. For excursions booked independently through third party operators, your contract will be with the operator of the excursion and not with us and we are not responsible for anything that happens during the course of its provision by the operator.
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employers or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, 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. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Your contract with us and any matters arising from it shall be subject to English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. If you are resident in Scotland or Northern Ireland, the Courts of Scotland and Northern Ireland can deal with any disputesif you wish them to do so.
TRAVEL REGULATION INSOLVENCY PROTECTION
Pennywood Tours Ltdis a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with Pennywood Tours Ltdare fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Pennywood Tours Ltd.This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at email@example.com.Pleaseensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.