BOOKING TERMS & CONDITIONS
When WM Tours Ltd receives the signed booking form and the deposit paid, there is a legally valid travel contract. All information related to the Tour Holiday chosen contained on our website together with the following Booking Conditions establish the contract. Before you book, please read carefully.
→ Product & Service
The contract presented in this website is regulated by law n 1084 (27/12/1977), which ratifies and enacts the International Convention dealing with Travel Contracts (CCV) signed in Brussels on 23/04/1970 and The Package Travel, Package Holidays and Package Tours Regulations 1992 No. 3288. Responsibility for the organisation of a journey cannot in any case exceed the limited stated under the cited law.
→ Registration
The acceptance of registrations on the part of the organiser is dependent on the availability of bookings and is to be considered definite only when confirmed by the organiser.
→ Pre-travel arrangements
▪ The correctness of your travel documentation is fundamental; therefore upon receipt of your travel confirmation, if any details are incorrect you must advise us immediately. Ensure that names are exactly as stated in the relevant passport. Furthermore, you should keep your booking confirmations, e-tickets and any other travel documentation (including your passport) with you at all times.
If you are a non-British passport holders you should obtain up to date advice on passport and visa requirements from your Embassy, High Commission or Consulate. We do not accept any responsibility should you not be able to travel due to not complied requirements regarding passport, visa, immigration and/or health formalities.
→ Travel insurance and financial protection
▪ Neither we nor any of our Agents or Servants shall be liable or responsible for any loss, damage, and injury. This include delay or inconvenience whatsoever to any traveller or his luggage or other personal property sustained or suffered in, or during, any passage, journey, trip or stay, or in respect of any accommodation or in the carrying out of any arrangements booked through us. Customers are required to arrange their own insurance prior the departure. We strongly recommend that you do not travel without one for your own protection and peace of mind.
→ Special requests
▪ If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier. However, we try our best to meet your requirements but we do not guarantee that they will be met as we are not in control of the provider’s service policies.
▪ Please keep in mind that we are not a specialist disabled tour company, but we will do our best to cater for any special requirements you may have. → Payment and Deposit terms
▪ When booking, a 30% deposit on the total price (plus registration fees) must be paid. This sum is not refundable, and full payment must be made 30 days before the date of departure. If bookings are less than 30 days before the tour starts full payment is required upon booking confirmation. ▪ We reserve the right to adjust prices and times given or quoted should circumstances make necessary. Prior notice will be given in most circumstances. We can only guarantee against price increases when the full balance is paid at time of booking.
→ Payments
▪ Payment method: Bank transfer.
→ Prices
▪ Prices are calculated with reference to exchange rates, carrier changes and costs of services at the time of publishing or printing. However, prices may change at any time due to variation in exchange rates, carries charges and tourist services. But if the increase in total price is more than 10%, the participant can withdraw from the contract. A written notice must be given to the organiser within 48 hours after receipt of the communication relating to the increase.
→ Pricing Errors
▪ If we confirm and process your booking where a pricing or other error is obvious and could reasonably have been recognised by you as a mistake, we may terminate the contract and refund you any sums you have paid us.
→ Changes and Significant alterations to essential terms
▪ In every contract there are implied terms to the effect that: here the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and the consumer will inform the organiser or the retailer of his decision as soon as possible.
→ Withdrawal by consumer pursuant to regulation above and cancellation by organiser
▪ (1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
→ (2) The consumer is entitled ▪ to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or, ▪ to have repaid to him as soon as possible all the monies paid by him under the contract.
→ (3) The consumer is entitled ▪ If appropriate, to be compensated by the organiser for non-performance of the contract except where: ▪ the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
Overbooking shall not be regarded as a circumstance falling within the provisions of sub-paragraph (b) of paragraph (3) above. → Significant proportion of services not provided ▪ The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where, after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided. ▪ (2) The organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied. ▪ (3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer.
→ Liability of other party to the contract for proper performance of obligations under contract
(1) The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.
(2) The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services, because:
The failures which occur in the performance of the contract are attributable to the consumer; such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or such failures are due to:
Unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoid even if all due care had been exercised; or an event which the other party to the contract or the supplier of services, even with all due care, could not foresee or forestall.
(3) In the case of damage arising from the non-performance or improper performance of the services involved in the package, the contract may provide for compensation to be limited in accordance with the international conventions which govern such services.
(4) In the case of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the contract may include a term limiting the amount of compensation which will be paid to the consumer, provided that the limitation is not unreasonable.
(5) Without prejudice to paragraph (3) and paragraph (4) above, liability under paragraphs (1) and (2) above cannot be excluded by any contractual term.
(6) The terms set out in paragraphs (7) and (8) below are implied in every contract.
(7) In the circumstances described in paragraph (2)(b) and (c) of this regulation, the other party to the contract will give prompt assistance to a consumer in difficulty.
(8) If the consumer complains about a defect in the performance of the contract, the other party to the contract, or his local representative, if there is one, will make prompt efforts to find appropriate solutions.
(9) The contract must clearly and explicitly oblige the consumer to communicate at the earliest opportunity, in writing or any other appropriate form, to the supplier of the services concerned and to the other party to the contract any failure which he perceives at the place where the services concerned are supplied. → Security in event of insolvency—requirements and offences
(1) The other party to the contract shall at all times be able to provide sufficient evidence of security for the refund of money paid over and for the repatriation of the consumer in the event of insolvency.
(2) Without prejudice to paragraph (1) above, and subject to paragraph (4) below, save to the extent that: ▪ The package is covered by measures adopted or retained by the member State where he is established for the purpose of implementing Article 7 of the Directive; or the package is one in respect of which he is required to hold a licence under the CivilAviation (Air Travel Organisers’ Licensing) Regulations 1972(3) or the package is one that is covered by the arrangements he has entered into for the purposes of those Regulations, the other party to the contract shall at least ensure that there are in force arrangements as described in regulations 17, 18, 19 or 20 or, if that party is acting otherwise than in the course of business, asdescribed in any of those regulations or in regulation 21.
(3) Any person who contravenes paragraph (1) or (2) of this regulation shall be guilty of an offence and liable: on summary conviction to a fine not exceeding level 5 on the standard scale; and on conviction on indictment, to a fine.
(4) A person shall not be guilty of an offence under paragraph (3) above by reason only of the fact that arrangements such as are mentioned in paragraph (2) above are not in force in respect of any period before 1 April 1993 unless money paid over is not refunded when it is due or the consumer is not repatriated in the event of insolvency.
(5) For the purposes of regulations 17 to 21 below a contract shall be treated as having been fully performed if the package or, as the case may be, the part of the package has been completed irrespective of whether the obligations under the contract have been properly performed for the purposes of regulation 15.
→ Made by us ▪ If we make a minor change to your tour, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration to your room type, for example from a double executive to a standard double.
Occasionally we may have to make a major change to your confirmed booking. Examples of “major changes” include the following, when made before departure:
• A change of accommodation area for the whole or a significant part of your time away • A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away • A significant change to your tour itinerary, missing out one or more destination entirely.
→ Made by the service provider ▪ We will inform you as soon as reasonably practicable if the Service Provider needs to make a significant change to your confirmed Arrangement or to cancel them. We will also liaise between you and the Service Provider in relation to any alternative arrangements offered by the Service Provider, but we will have no liability to you for any changes and/or cancellations by the Service Provider or additional cost or expenses you incur.
→ Made by you (amendments) ▪ Any changes to a confirmed booking (for example, hotel, passenger names) must be confirmed in writing by the person signing the booking form and must be accompanied by an administration fee of £25, per booking in addition to any further costs that we may incur and/or incurred or imposed by any of our suppliers. Whilst every reasonable effort will be made to accommodate changes and additional requests, we cannot guarantee that we will be able to meet your requested change. 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.
→ Cancellation
▪ Made by us We will not cancel your confirmed booking less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular tour is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i. (for major changes) accepting another tour of equivalent or superior standard; or ii. a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or iii. cancelling the tour and obtaining a full refund of all monies paid.
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
→ Made by the consumer
You may cancel the booking at any time provided that the cancellation is communicated to us in writing. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. Since we incur
costs in cancelling your arrangements, cancellation charges will be systematically applied.
Period before departure in which you notify us Cancellation Charge 60 days or more Deposit + administration fee 59 – 31 days 50% of total cost or deposit – whichever is the greater amount + administration fee 30 days or less 100% of total + administration fee
→ Force Majeure
▪ Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to: war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
▪ All means of transportation and excursions (including wine and food testing experiences) are subject to weather conditions and the need for constant maintenance and the ability of customers to arrive on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we will not be heldliable for any delay, which may arise, or for any schedule alterations.
▪ The organisation is not responsible for the non-utilisation of services due to delays or cancellation of air, sea and land carriers.
→ Online Content
▪ We take all practical steps possible to ensure that the details displayed on the website are accurate and up-to-date, but we do rely upon the information given to us by the Service Provider(s) and are intended to present a general idea of the services and facilities being offered. Sometimes – and particularly at the beginning and end of the season – certain facilities may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests or low occupancy.
▪ There may be local charges for some facilities, for example, TVs, safety deposit boxes, sunloungers, parasols, spa access, tennis courts, pool tables and air-conditioning. Unless specifically confirmed in your room type or board basis, you must assume some, if not all
facilities will be payable locally. If your Service Providers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will endeavour to pass this information to you. Any complaints about services or facilities should be directed to the relevant Service Provider.
→ Complaints
▪ Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please use the contact details displayed on our website
→ Data protection policy (Please see our data protection protocol at our Privacy Policy)
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as your tour operator, airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
▪ By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking (when it may be transferred abroad and/or to the Service Provider), if you purchase insurance we may process your information and pass it to insurers, for market research and analysis, to avoid fraud and to enable us or our representatives to contact you by letter, telephone or e-mail.
▪ When you request to book an Arrangement, you guarantee that you have the authority to accept and do accept on behalf of your party these Agency Terms & Conditions and any applicable Service Provider’s booking conditions.
▪ In order to confirm your chosen Arrangement(s), you must pay a non refundable deposit or full payment as required by the Service Provider of the Arrangement in question.
▪ Your booking is confirmed and a contract between you and the Service Provider will only exist when we send you confirmation by e-mail on their behalf, which contains a valid Service Provider reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to us immediately where we will try to assist you.
▪ If you chose to pay a deposit, you must pay the full balance by the Balance Due Date notified to you in the Booking Confirmation. If full payment is not received (for whatever reason) by the Balance Due Date, we will notify the Service Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions.
▪ In the event of non-payment, the booking(s) may be cancelled – please refer to the cancellation policy. It is always your responsibility to ensure your balance is paid by the Balance Due Date.
▪ Please note that booking requests can take up to 72 hours to process. A booking is only confirmed when we send you a Booking Confirmation with a valid booking reference number for each Arrangement. On rare occasions, we will be unable to confirm a booking, for example if the payment fails. In the unlikely event this occurs, our team will attempt to rebook the affected Arrangement at the same price. If this is not possible, for example because the payment is blocked or there has been a change in the price or availability of the booking, we will contact you via telephone or e-mail to discuss next steps. Unfortunately, there are times when the cost will have increased during this period of time. Any cost increases will need to be paid by you, as per your contract with each Service Provider.
→This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.