Making a booking
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
These Booking Conditions and any agreement to which they apply are governed in all respects by 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. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
No variation to our contract with you shall be of any effect unless made in writing and with our authority.
All bookings made with Compass Holidays are made subject to these Booking Conditions. When you pay your deposit you are making an offer to purchase our services or holidays, which, if accepted by us, will result in a binding contract when we issue you with a confirmation invoice. Payment of your deposit does not constitute our acceptance of your offer and your deposit will be refunded in full if your offer is refused.
Once your holiday has been confirmed we will accept responsibility for it in accordance with these conditions as an "Organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note that for any bookings which fall outside of the scope of these regulations, we act as agent for the relevant service providers, and your contract for those services is with the directly with the supplier.
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit as notified to you (or full payment if you are booking within 6 weeks of departure) and we issue you with a booking confirmation invoice. All money that is received is held in trust until completion of the holiday.
Deposit payments for all bookings: 20% of the cost of the booking.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation invoice that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later 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.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 6 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 6 below will become payable.
2. Website, brochure & advertising accuracy
We make every effort to ensure the accuracy of the advertising, brochure and website information and prices at the time of printing, regrettably, errors do occasionally occur. You must, therefore, ensure you check the price and all other details of your chosen arrangements with us at the time of booking. The information and prices shown on our website and in our brochures may have changed by the time you come to book your Arrangements.
It is a condition of your contract with us that you must take out adequate travel insurance. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, curtailment, medical expenses and repatriation in the event of injury or illness during your holiday with us. We do not check insurance policies for suitability, but reserve the right to request a copy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover. 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.
4. If you change your booking
If, after your booking has been confirmed, you wish to transfer to a different holiday or departure date, we will make every effort to satisfy your requirements; however, this may not always be possible. In instances where arrangements are already in place for a specific overseas holiday this may not be possible without loss of deposit.
Any request to change arrangements must be made in writing by the person who made the booking or their travel agent. Where we can meet a request, all changes will be subject to payment of an administration fee of £30 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and could be up to 100% of the holiday price, therefore you should contact us as soon as possible. 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 6.
5. Transfer of booking:
If you wish to transfer your confirmed booking to another person, you can do so, provided that the following conditions are met:
- That person is introduced by you and satisfies all the conditions applicable to the holiday;
- We are notified not less than 7 days before departure;
- You pay any outstanding balance payment, an amendment fee of £30 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- The transferee agrees to these booking conditions and all other terms of the contract between us.
You, as transferor of the holiday, and the transferee shall be jointly and severally liable to us for the payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing component parts of your holiday.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
6. If you cancel your booking
Should you, or any member of your party, decide to cancel your holiday booking you must advise us in writing, either by letter or by email. To cancel by email, please send a copy of your original email confirmation to email@example.com. A cancellation will take effect from the date that written notice is received at our office.
Should one or more member(s) of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
As we incur costs in cancelling your arrangements you will have to pay the applicable cancellation charges shown in the table below – these show the proportion of the full holiday cost, including VAT.
- Cancellation more than 70 days prior to the holiday will result in loss of your deposit
- Cancellation between 56 and 69 days prior to the holiday will result in charges equivalent to 40% of the total price of the holiday.
- Cancellation between 55 days and 28 days before the holiday will result in charges equivalent to 60% of the total price of the holiday
- Cancellation between 27 and 9 days before departure will result in charges equivalent to 80% of the total holiday price
- Cancellation less than 8 days prior to the departure will result in charges of the entire cost of the holiday.
If you are unable to come on your holiday due to serious illness, jury service or for any other serious reason the booking can be transferred to another person up to seven days before departure providing the replacement person pays the amendment fees.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
If you return home early from your holiday (or are unable to take part in the activity), we cannot refund the cost of any services you have not used. Depending on the circumstances you may be able to claim on your travel insurance.
This clause 6 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).
7. If we alter your booking
Holidays are subject to availability at the time of booking and whilst we will endeavour to provide the holidays as booked we must reserve the right to make alterations. If these occur then we will notify you as early as possible.
In such cases we will also ensure that services of a similar standard to those originally booked are provided. If it becomes necessary to change or cancel a particular holiday we will offer you the option to accept the alternative services offered of a similar standard to those originally booked or to receive a full refund of your money.
We occasionally have to make changes for reasons of ‘Force Majeure’, this means unusual circumstances, which are beyond our control. Examples are war, riots, civil strife, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions or similar events beyond our control. If these things result in a significant change then no compensation will be paid. If they occur after the start of your holiday we will arrange for a pro rata refund of all the ground services or make alternative arrangements.
8. Information Accuracy
All information has been compiled with due care and diligence and is as accurate as we can make it at the time of publication. You should be aware that we reserve the right to change any prices, services or facilities described at any time before a contract is made between us.
We reserve the right to alter the prices of unsold holidays shown in our brochure or website at any time. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. We also reserve the right to correct errors in the prices of confirmed bookings.
Any fluctuations in costs will be transferred to you as a surcharge, and will be caused by government action and changes in currency exchange rates. If this is the case we will absorb an amount up to 2% of the holiday price. Any amounts above this will be surcharged and if this means paying more than 10% on the holiday price you will be entitled to cancel your holiday and receive a full refund of all money paid to us. No surcharge will be imposed within 30 days of departure. If you decide to do this you must do so within 14 days of the date of the surcharge invoice.
10. Events Beyond Our Control
We will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control 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.
If you have a complaint during your holiday you must notify our management team immediately and they will do their best to resolve the problem. If your complaint is not resolved locally, please contact firstname.lastname@example.org 01242 250642. Should it not be possible to resolve your complaint there and then, you should write to our head office within 28 days. 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. All complaints that are received are thoroughly investigated and guests are kept informed. Sometimes investigations can take time, especially when awaiting a response from suppliers. We aim to settle all complaints amicably.
12. Our responsibility
- 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 any such price reduction or 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.
- 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:
- the acts and/or omissions of the person affected; or
- the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
- Events Beyond Our Control (as defined in clause 10).
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- 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 required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (3a) 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 up to three times 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.
- It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- 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
- relate to any business; or
- indirect or consequential loss of any kind.
- 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. Special requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
14. Passports, visas and health
It is your own responsibility to check that your passport, visa or health certificate is in order and to check on immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
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.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
15. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
All our holidays have a difficulty grading and it is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to complete the holiday. If you have any medical conditions, allergies or special dietary requirements you must inform us and your leader (where appropriate). We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity holidays and that you undertake the holiday and activities of your own free will. If you decide that you are unable to continue the holiday you will be responsible for making your own alternative arrangements at your own expense.