Booking Terms & Conditions
ICELAND TRAVELLER LTD
These Terms are the booking terms and conditions on which we supply services to you and form the basis of our contract with you. Please ensure that you read them carefully as they set out our respective rights and obligations.
By asking us to confirm your Booking, we are entitled to assume that you have read these Terms. These Terms will become binding on you and us when we have received from the Lead Passenger a completed booking form and first payment. At this point a contract will come into existence between you and us.
When you make a Booking, you acknowledge and agree that we will be acting as agent for the relevant travel service providers (for example the airline, accommodation supplier etc.) and we will arrange for your contract to be made with the travel service provider as supplier and subject to the travel service provider’s own terms and conditions.
When the following words with capital letters are used in these Terms, this is what they will mean:
Booking: the travel, holiday, journey, booking, tour and other travel arrangements which we agree to make, provide or perform (as applicable) under these Terms;
Events Outside Our Control: any events which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (whether actual or threatened) may include without limitation war (whether declared or not) or threat of or preparation for war, riot, civil commotion or strife, actual, threatened or assumed terrorist activity, strikes, lock-outs or other industrial activity, border closures, epidemic, natural or nuclear disaster, technical problems with machinery, transport or equipment, fire, explosion, adverse weather or failure of public or private telecommunications networks and other events outside our control;
Lead Passenger: the person who makes the Booking;
Services: the services that we are providing to you in arranging and making your Booking;
Terms: the booking terms and conditions set out in this document;
we/our/us/Company: Iceland Traveller Ltd (Trading as Iceland Traveller), a company incorporated and registered in England no. 07851204, whose registered office is at 23 Chiltern Drive, Surbiton, Surrey, KT5 8LP; and you/your: means all persons named on the Booking (including anyone who is added or substituted at a later date) or any of them, as applicable.
When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
Making Your Booking
The Lead Passenger is responsible for ensuring that all those travelling in your party are aware of these Terms and that they consent to the Lead Passenger acting on their behalf in all matters relating to the Booking. Once we (or one of our authorised agents) have received all appropriate payments, we will, subject to availability, confirm your Booking by e-mailing or otherwise sending a Booking confirmation letter and invoice to the Lead Passenger.
Please ensure that you check that the details in the Booking are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
The Lead Passenger is responsible for making all payments due to us. You are required to send us a non-refundable deposit of £100 per person – or the amount as advised by us at the time of Booking, or full payment if booking within 60 days of departure. Please note, deposits are not refundable except where expressly stated in these Terms. The balance of the cost of your Booking must be paid no less than 60 days before departure.
If a cheque payment is declined by your bank for any reason, a charge of £30 will be made. If we do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your Booking. In this case, we will be entitled to keep all deposits paid or due at that date and you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your Booking as cancelled.
It is a requirement of any booking that you have insurance cover and that it is adequate and suitable for your particular needs. We require the name of the insurance company, the policy number and the 24-hour emergency telephone number, solely for the purpose of informing the travel service provider.
If you fail to take out insurance and have to cancel your Booking, you will be charged in accordance with our normal terms and conditions – see clause 8 (Cancellation by You). Furthermore, if you require medical/any other form of assistance whilst on holiday you will not be covered and you in turn may incur significant costs. 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. Please read your policy details carefully and take them with you on holiday.
If any illness or injury occurs during your contracted Booking arrangements and you want our assistance with the provision of information in relation to any claim you make, you must notify us within 28 days of your return, otherwise we will be unable to assist you.
Please note that you should only consider pursuing a claim if you have genuinely suffered from injury or illness. If you make a false or fraudulent claim, you may face legal proceedings in the UK or the relevant country of origin.
Reservation and Confirmation
Please note that changes and errors occasionally occur. Subject to the conditions in clause 5 we reserve the right to increase or decrease and correct errors in prices at any time before your travel is confirmed. We will normally confirm prices before accepting a Booking, although on occasion more time may be required to communicate with our suppliers and secure your requested arrangements.
Any prices published in our brochures, marketing material and website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is made to ensure these prices are accurate at the time of publication, we cannot guarantee these prices. Please note that changes and errors do occasionally occur. You must check the price of your chosen travels at the time of Booking. The price of your travels may vary at any time before we have accepted your Booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence. We will advise you of any error of which we are aware and of the then applicable price at the time of Booking.
Your offer will contain details of what is included in the price of your Booking. Any items not detailed in your offer are not included in the price of the Booking. Once your deposit invoice has been issued, and subject to the correction of errors, any alteration to the price of your Booking will be subject to the terms and conditions of the relevant travel service provider. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other measures in place.
Suitability of the Tour & Behaviour
We reserve the right in our absolute discretion to terminate without prior notice the travel arrangements of any customer whose behaviour is such that it causes or is likely to cause, in our reasonable opinion, or in the opinion of any tour manager or any other person in authority, distress, damage, danger or annoyance to any third party, or damage to property.
In these circumstances all our obligations to you under this contract or otherwise shall cease, full cancellation charges shall apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever.
We also reserve the right to terminate your Booking where, in the reasonable opinion of any person in authority (tour manager when you join your holiday), your physical condition means you are unable or likely to be unable to cope with the tour or due to experience significant difficulties in doing so. It is your responsibility to disclose an accurate account of your mobility and all other relevant information relating to your health and fitness at the time of Booking. You must advise us of any change to your level of mobility or health and fitness between booking your travels and joining our tour. Please also see clause 13.
Alterations to Your Booking
Please notify us in writing if circumstances arise whereby you wish to make alterations to your Booking. Any requested alterations to your Booking, including transferring your Booking to another person will be subject to the terms and conditions of the relevant travel service provider.
We will endeavour to assist wherever reasonably possible.
Cancellation by You
Should you wish to cancel your Booking, notice can be given verbally but must be followed up in writing by the Lead Passenger as soon as possible and in any event within 2 days. If the Lead Passenger’s Booking is cancelled, we will allocate the next named adult on the Booking as the Lead Passenger. Please note that cancellation charges will apply as set out in the terms and conditions of the relevant travel service provider.
Depending on the reason for cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your Booking were based, we will recalculate these items and re-invoice you accordingly. Any such additional costs are not cancellation charges.
Changes & Cancellations by us
Any changes or cancellations by a travel service provider to a Booking are subject to the terms and conditions of the relevant travel service provider.
However, we can cancel as a result of your failure to comply with any requirement of these Terms such as, but not limited to, you not having in place valid, sufficient and appropriate travel insurance cover, you not providing us with the details of your insurance policy, or you not paying on time,
We will not be liable in any circumstances for the cost of any service (such as, but not limited to, flights, hotels and connecting rail travel) which is purchased in connection with any Booking, but which is not booked through us, or for any related expenses such as cancellation charges or amendment fees, which cannot be used or has to be cancelled or amended as a result of any cancellation or significant change to any Booking.
If after you depart, it becomes apparent that a significant proportion of the arrangements you have booked cannot be provided, the Company will make every effort to make suitable alternative arrangements through the travel service provider used for the continuation of your Booking at no extra cost to you. In particular because we neither, own, manage nor control the accommodation that is used, if we are advised that your reserved accommodation is not available when you arrive at your destination, the Company will make every effort to secure accommodation of at least the same standard in that same destination and to transfer you to that accommodation. If only a lower standard is available, a refund will only be available on your return if we have received a refund from the relevant travel service provider.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control.
Our Liability to You
We promise to make sure that the Booking arrangements we have agreed to make as part of our contract with you are made with reasonable skill and care. This means that, subject to these Terms, we will accept responsibility if, for example, your contracted Booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use all reasonable skill and care in making your contracted Booking arrangements. Please note that it is your responsibility to show that all 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 (employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (including without limitation loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your Booking and which were unforeseeable or unavoidable; or (iii) Events Outside Our Control.
Please note that we cannot accept responsibility for any Services which do not form part of our contract with you. 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 in resort. In addition, regardless of any wording used by us on our website, in any brochure or 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.
The promises we make you in these Terms 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 been 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 features that might lead a reasonable holiday maker to refuse to take the holiday in question.
The Company shall not be liable for the acts or omissions, whether negligent or otherwise, of any travel service providers or independent contractors.
The Company shall not be liable for any loss of or damage to baggage, personal possessions, passports and other documents or any other unforeseeable loss resulting there from, and its staff or agents are not authorised to accept responsibility for their safekeeping.
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, rail, sea or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay you for any claim or that part of a claim if we are found liable to you on any basis is, except as otherwise expressly set out in these Terms, the most the carrier or hotel keeper concerned would have to pay under the relevant international convention or EU regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended (whichever may be applicable), the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, Regulation (EC) No 2027/97 (as amended) on air carrier liability in respect of the carriage of passengers and their baggage by air, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea and the Berne Convention concerning International Carriage by Rail (COTIF)).
Where a carrier or hotel 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. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail, sea, or road carrier or any hotel if such a claim is not expressly permitted to be brought against the carrier or hotel by the international convention or regulation which applies to the travel arrangements in question. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable or not avoidable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
Please note, we cannot accept liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information you have given us concerning your Booking prior to our accepting it, we could have foreseen you would suffer or incur if we breached our contract with you or (ii) 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.
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Conditions of Suppliers
Many of the Services which make up your Booking are provided by travel service providers. Those travel service providers 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 (see clause 11). Copies of the terms and conditions of the relevant travel service provider(s) will be provided to you on request when you make a Booking.
Special Requests & Medical Conditions/Disabilities
If you have any special request relating to your Booking, you must advise us in writing at the time of Booking. 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, 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.
If you have any medical condition or disability which may affect your travels or any health or fitness concerns which may affect your ability to cope with any tour, please give us full details 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. You must also advise us as soon as possible of any change in any disability or medical condition or your health or fitness or if any medical condition or disability which may affect your travels, that develops after your Booking has been confirmed. Please also see clause 6.
Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for destinations we feature (including children) and visas (transit, business, tourist or otherwise) may be required for some destinations and depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary. It is your responsibility to check the up to date position and you should make any applications for passports and/or visas in good time before your departure. We accept no liability if you or any member of your party are refused entry into any country due to failure to hold the correct passport, visa and/or other travel documentation required by any airline, authority or country you are visiting or transiting through.
You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through during your trip. It is your responsibility to ensure that you are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. We shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.
Excursions, Activities & Brochure / Website Information
The information contained in any of our brochures and on our website is correct to the best of our knowledge at the time of the brochure going to print / at the time of publication on our website. Whilst every effort is made to ensure the accuracy of the information at the time of printing / publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travels (including the price) with us at the time of Booking.
Except for excursions and activities which are purchased from us or your tour manager, we have no involvement in any such activities or excursions which are not run, supervised, controlled, recommended, inspected or 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 or your tour manager 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 of these Terms will not apply to them.
In accordance with Article 9 of Regulation (EC) No 2111/2005, we are required to bring your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is updated from time to time and published in the Official Journal of the European Union and is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_en.pdf.
We are also required to advise you of the carrier(s) or, if the carrier(s) is not known, the likely carrier(s) that will operate your flight(s)at the time of Booking. Where we are only able to inform you of the likely carrier(s) at the time of Booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your Booking has been confirmed will be notified to you as soon as possible.
We are not always in a position at the time of Booking to confirm flight timings which will be used in connection with your flight. Where flight timings are given at the time of Booking or detailed on your confirmation these are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure.
You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched. We will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
Regardless of any information given in good faith, operational changes may be made by an airline at any point and we cannot be responsible for these. If the carrier(s) with which you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier(s) are unable to offer you a suitable alternative the provisions of clause 9 (Changes and Cancellations by us) will apply. Please note that most airlines now operate 100% non-smoking services.
Denied Boarding Regulations
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under Regulation (EC) No 261/2004 (the Denied Boarding Regulations). Where applicable, you must pursue the airline for the compensation or other payment due to you. Subject to the final sentence of this clause, all sums you receive or are entitled to receive from the airline concerned by virtue of the Denied Boarding Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations as your entitlement to any compensation or other payment (as dealt with above) is covered by the obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to firstname.lastname@example.org or see www.caa.co.uk.
Your financial protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
In addition to the ATOL protection, the Company is a member of the Travel Trust Association (membership no.: U8368). The money you pay for your Booking will be held in a trust account supervised by an appointed trustee.
Should we for any reason financially fail or cease trading, the TTA will liaise with the suppliers involved in your Booking to ensure that your holiday goes ahead unaffected. If for any reason this is not possible, the TTA will administer a claim for a refund of money that you have paid to us for your holiday. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
The Trust Account plus the guarantee will ensure that all the money which you have paid to us for your Booking is protected and available to reimburse the money paid.
For further information please visit the TTA web site at www.traveltrust.co.uk.
Complaints & Arbitration
In the unlikely event that you have reason to complain or if you have a complaint during your holiday, with any aspect of the travel arrangements, you must address your complaint immediately to the local representative, or onsite representative (if available), as most problems can be dealt with quickly and efficiently at source, or use the travel service provider’s contact number which you will be supplied with before your departure. That number will put you in touch with one of their employees who will take all reasonable steps to help you. It is only if you do this that the travel service provider has the opportunity to put matters right on the spot. It is unreasonable to take no action whilst on your travels, but then to write a complaint letter on your return.
If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 28 days of your return. We will acknowledge your written notification and will do our best to help by liaising with the travel service provider. However, a complaint is ultimately a matter for the travel service provider in accordance with its terms and conditions. Failure to take either of these steps will deny the travel service provider the opportunity to resolve the problem immediately and / or investigate properly. In consequence, this may affect your rights to compensation under their terms and conditions.
We can usually sort out any complaints that you may have, but if we cannot agree, the Travel Trust Association can act as an independent intermediary. All complaints are dealt with by the TTA in writing. Should you feel the need to make a complaint about us, please detail the matter in writing and post it to: Travel Trust Association, 2nd Floor, 2 Crown Square, Woking, Surrey GU21 6HR. Please enclose copies of any previous correspondence that you may have had with us and any relevant paperwork. Upon receipt the TTA will act as an independent intermediary in your grievance with us and will liaise between both parties. Should the response that you receive from us not be satisfactory, the TTA can then offer you an arbitration service. The arbitration service is administered and managed independently from the TTA and us.
For online bookings, you can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Law and jurisdiction
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 under the TTA complaints procedure or by the Courts of England 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.
© Copyright – Iceland Traveller Ltd 2010-2019
Iceland Traveller Ltd is a member of the Travel Trust Association, 2nd Floor, 2 Crown Square, Woking, Surrey, GU21 6HR. Registered in England: 07851204.
Our products are 100% financially protected under TTA licence U8368 and ATOL T7530.