These booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “adventure”, “booking”, “contract”, “package”, “itinerary”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
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. “We”, “us” and “our” means YellowWood Adventures Limited.
References in these booking conditions to “send” and “in writing” include communication by e-mail.
1. Making A Booking
1.1 To make a booking, you must complete an online booking via our website. You, as the booker (& party leader if you are booking for more than one person), will be asked to 'tick' your agreement with our Terms & Conditions, prior to submission.
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying YellowWood Adventures or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and YellowWood Adventures will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
1.2 The acknowledgement of your booking request, sent to you following submission, is not a confirmation of your booking - this will come in the form of a confirmation email with reference to your outstanding confirmation invoice.
1.2 Subject to the availability of your chosen arrangements (including optional extras and meeting any additional requirements), we will send you (booker/party leader) a confirmation email as soon as we are able. Please check this email carefully as soon as you receive it and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete. It may not be possible to make changes later and we regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you may be asked to cover any costs involved in doing so.
1.3 We will communicate with you by e-mail in relation to your booking, asking you to complete an online booking details form with details for all party members such as Name/Address/DOB/Next of Kin/Passport & Insurance information. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail.
1.4 You will receive an email from the Travel Trust Association (TTA) of the UK outlining how your monies are financially protected by them for the duration of the adventure
1.5 Following submittal of your booking online, you will be re-directed to Worldpay for payment of your deposit, or the full amount due (if travelling 56 days or less from booking). You will receive a payment receipt direct from Worldpay as well as an email from YellowWood Adventures to acknowledge receipt of your payment.
1.6 We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed by us, and your adventure 'guaranteed'. If you make such arrangements, which are then unable to use doe to a change in your itinerary, we should not be liable to you for the cost of those arrangements.
1.7 We strongly recommend that you arrange comprehensive travel insurance, including cancellation in the event of illness, at the time of booking. Please see our blog on insurance for further information.
2.1 In order to confirm your chosen holiday, a non refundable (see Clause 5, 6 & 7 for exceptions) deposit of £300.00 per person (or $400), or 20% of the total tour cost for tailor-made trips must be paid at the time of booking. The required deposit for custom adventures may be different to these amounts, depending on your chosen arrangements, in which case we will advise you accordingly at the time of booking.
2.2.1 Under our flexible booking conditions in response to the Covid-19 pandemic, the balance of the holiday is due 56 days before your adventure begins. We will send you a reminder email. If we do not receive all payments due (including any surcharge where applicable) in full and on time after we have tried to contact you with a payment reminder, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all payments made or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 5 depending on the date we reasonably treat your booking as cancelled.
2.2.2 For bookings onto the Wildlife of Western Uganda adventure and the Gorillas and Hiking in the Rwenzori Mountains adventure, we are required to purchase permits to track Gorillas at the earliest stage possible to ensure availability. As a result, following payment of your booking deposit, you will be invoiced for £550 / $700US to enable us to purchase the permits on your behalf. This will be done at the earliest opportunity but whilst taking into account minimum group numbers. Please note this payment is refundable (on cancellation) only if our partner agency in Uganda is able to re-sell the permit on to another operator (which they make every effort to do).
2.3 In the case of international payments you should ensure that the full invoice amount is received by us, after all bank charges have been levied.
2.4 You may be required to pay for some non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited. You will be advised of all such charges due at the time of booking and before your booking is confirmed. Such items may be non-refundable in the event of cancellation.
2.5 Discounts: YellowWood Adventures recognises the loyalty of return bookers and as a way of saying ‘Thank you’, offers the following discount off the total trip cost.
Loyalty Discount: Save £100 when booking your 3rd adventure.
To apply for your discount, please contact us to update your final invoice.
3. Your Contract
A binding contract between us comes into existence when we despatch our booking confirmation email to you as booker / party leader. 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 any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. Passports, Visas & Health Matters
4.1 Advice regarding the passport and visa requirements applicable at the time of printing to British citizens for the holidays we offer are shown on our website, for individual adventures. Requirements may change and you must check the up to date position in good time before departure. NB: A British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
4.2 Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
4.3 We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Details are available from your GP surgery and from the National Travel Health Network Centre. For holidays in the EU/EEA you should obtain an GHIC (Global Health Insurance Card) prior to departure. A GHIC is not a substitute for travel insurance, which is compulsory for all our adventures. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
4.4 It is the booker/party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
5. Cancellation by You
In order to avoid any financial disadvantage in the case that you cancel your adventure, we strongly recommend that you take out travel insurance at the time of booking, that includes holiday cancellation cover.
5.1 Should you or any member of your party need to cancel your holiday once it has been confirmed and guaranteed, the booker/party leader must immediately advise us in writing.
Your notice of cancellation will only be effective when it is received in writing (email accepted) by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of cancellation.
In response to the challenges posed by the pandemic, we have removed all charges for cancellations received up to 56 days before your departure.
NB: You are entitled to a full and prompt refund of all monies paid should you cancel due to “unavoidable and extraordinary circumstances” occurring at your tour destination eg. the FCDO advising against non essential travel. See clause 5.6 for details.
For other circumstances, if you notify us of your cancellation (please note this includes booking deposit payments and Refund Credit Notes):
>56 days before departure
- No cancellation fee.
- Prompt Refund of monies paid, less £30 admin fee and less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers.
- Transfer of monies, less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers, to a new, published adventure departure.
- Refund Credit Note for the value of your booking, less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers, to a new, published adventure departure, to be used against a future adventure if you are not sure when you can travel.
We will not be liable to pay you any additional compensation or cover the cost of flights or other services / supplies you have commissioned from a third party.
56-30 days before departure
Where final payment has not been received (due 56 days prior to your departure)
- your £300 deposit is non-refundable.
Where final payments have been received:
- Prompt Refund, less your £300 deposit and less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers.
- Transfer of monies, less £30 (admin fee) less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers, to a new published adventure departure.
- Refund Credit Note for the value of your booking, less £30 admin fee and less costs for any non-transferable and non-refundable items such as included domestic flights, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited and deposits have been paid to our local suppliers, to be used against a future adventure.
29 to 15 days before departure
Cancellation fee of 75% of the tour costs.
14 days or less
Cancellation fee of 100% of the tour costs.
Cancellation Cover through Travel Insurance
5.2 We strongly recommend that you arrange comprehensive travel insurance cover at the time of booking, including cancellation cover, to dovetail with our T's & C's.
5.3 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. YellowWood Adventures are happy to provide a written statement for your insurance company confirming the details of your cancellation and summary of all funds paid.
5.4 On private bookings where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
5.5 See clause 9 “Changes by you” if any member(s) of your party are prevented from travelling.
5.6 In the event of “unavoidable and extraordinary circumstances” occurring at your tour destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination, you have the right to cancel your confirmed tour before departure, without paying any cancellation charges.
In these circumstances, we shall provide you with a refund of the monies you have paid but we will not be liable to pay you any additional compensation or cover the cost of flights or services you have commissioned from a third party. We recommend checking the details of your holiday insurance to ascertain what they will offer you as compensation in such circumstances.
This clause applies where the FCDO advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” include but are not limited to: war, threat of war, airport closures, 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. We will observe and act in accordance with advice provided by the UK FCDO.
6. Cancellation & Changes Made By Us
We start planning the tours we offer many months in advance. Occasionally, we have to make changes to and correct errors online both before and after bookings have been confirmed, and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
6.1 Our escorted group holidays require a minimum number of participants to enable us to operate them. This is displayed clearly on our website. If the minimum number of bookings required for a particular holiday have not been received, under the UK Package Travel Regulations (2018) we are entitled to cancel it without offering you compensation. We will give you written notification 55 days prior to your departure.
6.2 Most itinerary changes are minor and we will inform you by email of the change prior to your departure. Occasionally, we have to make a “significant change”. A significant change is one made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include, before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, and, in the case of tours; a significant change of itinerary missing out one or more major destination substantially or altogether.
6.3 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) moving your booking monies (including booking deposit) to a new adventure. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper. Your monies are protected by the Travel Trust Association.
(c) accept a Refund Credit note for the value of the full booking monies including booking deposit: this is a 100% financially protected note that can be used at any time for a future adventure with YellowWood. Your monies are protected by the Travel Trust Association.
(d) cancelling or accepting the cancellation in which case you will receive a full and prompt refund of all monies you have paid to us.
6.4 If we have to make a significant change or cancel, we will as a minimum, in addition to a full refund of all monies paid by you, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions.
More than 56 days: Nil
56 to 28 days: £20/client
27 to 15 days: £30/client
14 to 0 days: £40/client
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where;
6.4.1 we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
6.4.2 we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above 6.1).
6.4.3 No compensation will be payable and the above options (a to d) will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions, entitling us to cancel (such as paying on time) or where a change is a minor one.
6.5 If we have to cancel or change your travel arrangements in any way because of “unavoidable and extraordinary” circumstances that include, but are not limited to: war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, adverse weather conditions or other unforeseen circumstances that may amount to “Force Majeure”, we will offer you a full refund of monies paid but we will not be liable to pay you compensation.
6.5.1 Very rarely, we may be forced by “unavoidable and extraordinary circumstances” to change or terminate your holiday after departure but before the scheduled end of your time away. If this situation does occur, we will act in line with the UK Package Travel Regulations (2018) and support you with a timely return to the start point of your YellowWood adventure. Where there are delays, we are required to offer you up to 3 nights accommodation per traveller. We will not be liable for any additional compensation or expenses. You will be entitled to an appropriate pro rata refund for the aspect of the package that you have not received.
6.7 We regret that we are not able to meet any flight, visa, vaccination or similar costs incurred by you in the event of cancellation by us.
7. Foreign & Commonwealth Development Office Advice
The Foreign and Commonwealth Development Office (FCDO) publishes regularly updated travel information which you are recommended to consult before booking and in good time before departure. Should the FCDO advise against all travel, or all but essential travel to the destination country, you are within your rights to cancel your booking (clause 5.6) without incurring cancellation charges, and receiving a full refund of monies paid to us.
YellowWood Adventure receives bulletins from the FCDO on all our destinations and is advised directly of any risks to travel in those countries. The decision by YellowWood Adventures to cancel a departure on the basis of FCDO advise will be made 56 days before the adventure departure date.
8.1 The price of your holiday is subject to surcharges in the event of any change in our transportation costs or in dues, taxes or in the exchange rates which have been used to calculate the cost of your holiday. Even in these cases, we will absorb an amount equivalent to 2% of the holiday price, excluding any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than 10% on the holiday price you will be entitled to cancel your holiday and receive a full refund with the exception of any amendment charges, or alternatively purchase another holiday from us as referred to in clause 7 “Changes and Cancellation by us”. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 7.
8.2 We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
9. Changes By You
9.1 Should you wish to make any changes to your confirmed holiday, 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, any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers will be charged to you. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
9.2 If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure presuming availability should there be a resultant change in rooming/accommodation. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer can be effected. Any overdue balance payment must also be received. There will be an administration charge of £30 levied for transferring a place after a booking deposit has been made.
10. Special Requests and Medical Conditions/Disabilities
You are responsible for assessing whether a Tour is suitable for you. You should consult your GP/physician to confirm your fitness for travel and participation in any planned activities. You should seek your GP/physician’s advice on vaccinations and medical precautions. YellowWood Adventures is not qualified to provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
10.1 If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
10.2 If you have any special request, you must advise us at the time of booking using our online booking details form. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation 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 (where it is possible to give this) where it is important to you.
10.3 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.
10.4 Travel with YellowWood Adventures may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and YellowWood Adventures makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions. By booking you acknowledge that you understand the potential risks and hazards that can be involved in adventure travel of this kind, to often remote and inhospitable locations. Such risks may increase the risk of injury or illness, loss or damage to property, discomfort and inconvenience. Read our page on Your Safety for information on how we reduce potential hazards during our adventures.
11.1 We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
11.2. We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 11.3 below.
11.3 Force Majeure: Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” is used interchangeably with “unavoidable and extraordinary circumstances” in which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
11.4 Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase whilst on holiday. This also includes responsibility for visits/tours provided by local charitable organisations that may be offered as an option during your adventure. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
11.5 The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11.1. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
11.6 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 £500 per person affected unless a lower limitation applies to your claim under this clause or clause 11.7 below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is equal to the price paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 11.6 above. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
11.7 Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below.
The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 Protocol where applicable) and COTIF, the Convention on International Travel by Rail).
Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
11.8 Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description;
11.8.1 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
11.8.2 which 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 business losses (including without limitation, self employed loss of earnings).
11.9 If you are joining a guided holiday locally, our responsibility does not commence until the appointed time, we shall not be responsible for any additional expenses incurred by you to meet up with the group.
12. Travel Insurance & Next of Kin
12.1. Adequate travel insurance for your chosen itinerary is compulsory for all travellers and is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We strongly recommend you take out insurance including cancellation cover as soon as your booking is confirmed. You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives, Covid-19 and force-majeure events. You must give details in writing of your insurance policy (insurer, policy number, 24 hour emergency assistance contact details) on our booking details form.
12.2 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 suitable and adequate for your particular needs. We do not check insurance policies. An adventure tour is a journey of a hazardous nature and you should ensure that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
12.3. You must give to us the name, address and telephone numbers of your next of kin or persons to be notified in the event of an emergency.
13. Safety Standards
13.1 Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided.
13.2 This is Adventure travel: We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility.
The outline itineraries given for each holiday must therefore 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.
Pro-rata refunds will be given for services not utilised wherever possible. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
14. Prompt Assistance
If, whilst you are on the tour, 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 the assistance which is not owing to any failure by us, our employees 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 another 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.
For the purposes of this section reference to “you” or “your” includes any other person in your party.
15.0 Laws and customs of the country/ies you visit can be very different to those in the UK. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be serious penalties for doing something that might not be illegal in the UK. It is your responsibility to familiarise yourself with, and respect local laws and customs, and you are strongly advised to check with the appropriate embassy, consulate or FCDO for further information regarding local laws and customs of the country/ies you plan to visit.
15.1 We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff in the UK or destination country in any risk or danger, on the telephone, in writing or in person.
15.2. For your group adventure holiday, it is necessary that you abide by the authority of the leader, who represents the Company and assists with the proper and safe running of the tour. Depending on the itinerary, your Tour Leader may be a YellowWood Guide or a local guide from a partner agency. You must accept the decisions of the Tour Leader who shall have the discretion to make decisions and take action which may impact on your tour. By confirming your booking you accept that the Company’s tour leaders have the authority to prevent you from participating in any part of a tour should they have concerns about (a) your ability to safely partake in an activity or (b) your physical ability to complete an activity in the required timescale. In the event the leader deems such a decision is necessary, we will reasonably endeavour to make alternative arrangements, but we will not be liable to provide any refunds for missed activities and you may be liable for additional costs incurred.
15.3. If you commit any illegal act when on the holiday or if in our reasonable opinion or the reasonable opinion of the leader or another person in authority your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on others clients’ enjoyment of the holiday or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.
15.4. As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, and (ii) compensating any passenger, crew, staff or agent affected by your actions. Criminal proceedings may also be instigated.
15.5 If you wish to leave the group temporarily, you will be asked to sign a release form.
16.1. 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 local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our Tour Leader/representative/agent and the supplier concerned (as applicable) as soon as possible.
16.2 If we do not have or you cannot contact our Tour Leader or local representative or agent and any complaint or problem is not resolved to your satisfaction, you must contact us in the UK using the contact details we have provided you with during your tour, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly.
16.3 If you remain dissatisfied, however, you must write to us within 7 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
17. Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with a joint contract to ensure that local statutory and legal requirements are met.
Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 11.6). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
18. Financial Protection
18. YellowWood Adventures Limited is a member of the UK’s Travel Trust Association (TTA); whereby all client monies are placed directly into a trust account controlled by TTA trustees. These monies will only be released at the end of the the delivered adventure travel tour to YellowWood Adventures Limited.
Client monies can be released prior to the completion of the tour to pre-defined suppliers, on the condition that their services are financially insured through the TTA’s Supplier Failure Cover system (we are required to use this system). This means that all client monies are 100% protected at every stage of their travel adventure.
19.1 We may provide you with information (before departure and/or when you are on tour) about optional activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11.1 of our booking conditions will not apply to them.
19.2 We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
20. Website/advertising material
20. The information contained in published material, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us (or your travel agent) at the time of booking.
21. Data Protection