Terms and Conditions of Using this Site and Terms and Conditions of Booking (below)

 

1.      User agreement between the user (“User”, “you”) and Evasion Travel Limited (“Evasion Travel”, “we”, “us”) of 2 Margaret Close, Harbury, Leamington Spa, Warwickshire, CV33 9JB. Please read these Terms and Conditions before using the www.evasiontravel.co.uk website (“Site”). You consent to these Terms and Conditions when you use this Site, without qualification. If you disagree with any part of the Terms and Conditions, you may not use this Site in any way.

 

2.     The information on this Site is directed solely at those who access this Site from the United Kingdom mainland. We act as booking agent for a number of Services (such Services being provided by Service Providers both defined below in section 4) which form a "Holiday". Our business and the Terms and Conditions are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given by us as to the compliance of the information shown on this Site, the Services offered by or on behalf of us, any information relating to such Services and our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.  Access to this Site is conditional on your agreement that (i) all information contained in it and all matters which arise between you and us will be governed by English law and (ii) any dispute or matter which arises between you and us will be dealt with exclusively by the Courts of England and Wales.

 

3.    You agree to be bound by the following obligations, including without limitation:

a.     You accept financial responsibility for all transactions made under your name or account;

b.     You must be 18 years of age or over and have legal capacity;

c.     You warrant that all information you provide about yourself or anyone else shall be true and accurate;

d.     You will not use the Site for false or fraudulent bookings; and

e.     You will not modify, copy, transmit, distribute, sell, display, license or reproduce in any way the Site and/or any content, except that you may make one copy of the information contained within the Site for personal, non-commercial use.

 

4.     No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy of any of the information contained on this Site or as to the nature, standard, suitability or otherwise of any Services offered by us or on our behalf.  For the avoidance of doubt, “Services” means the provision of accommodation, transfer, transport and activity services as set out in the “Hotel and Facilities” and “Activities and Excursions” section of our Site, and “Service Provider” means a provider of one or more of such Services advertised on our website. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Site and/or use of or access to any other information or material via web links from this site or any inability to access or use this Site. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via the Site or supplied by an identified Third Party, where consistent with our Terms and Conditions. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.

 

5.     We may change any aspect of the Site or its content, including the availability of any Services, Service Providers, features, information, database or content.

 

6.     Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this Site and/or any Services offered by us or on our behalf.

 

7.   In the event that an incorrect price has been entered on our website in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid. 

 

8.   The Site is provided on an 'as is' and 'as available' basis. We do not accept any liability in respect of your ability to access or use the site at any time or for any interruption in that access or use or for any failure to complete any transaction. We do not warrant that the Site is free from computer viruses or other properties that may cause loss or damage.

 

9.   We reserve the copyright and all proprietary rights in the Site and all content. The material contained within the Site is the property of Evasion Travel unless identified as belonging to third parties.

 

Terms and Conditions of Booking

 

We trade under the name Evasion Travel and set out below what you are legally entitled to expect from us when you buy a Holiday from us. You should read any important information as marked on the Site (“Important Information”) and these Terms and Conditions carefully, before you book, to see how they affect any holiday arrangements booked by us.

 

1.     Your travel booking

You can book with us and take up the offers advertised by us if they are still available. There may be restrictions on some offers, but these are explained in the details of those offers. When you ask for your booking to be confirmed, we will confirm the booking by email, and set aside your chosen Services/Holiday for you. Next, we will send you a confirmation invoice (a “Confirmation Invoice”) within 14 days.  This is the point at which a contract between you and us comes into existence. 

 

We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may still issue a Confirmation Invoice indicating that some arrangements are not yet confirmed. However, a contract for arrangements that have not been confirmed on the Confirmation Invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed.

 

If there is any change to any of the details discussed at time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before your departure for your Holiday. If any of these changes are not acceptable, then you will be entitled to a full refund of all sums that you have paid to us.

 

To secure a booking, Evasion Travel requires a deposit of 30% of the price of the Holiday as set out in the Confirmation Invoice (the “Price”).  The balance of the Price is payable 8 weeks before departure.  All clients, in whatever manner they book, will be deemed to have agreed to the following:-

 

        a) they have read, understood and accepted these Term and Conditions of Booking, Important Information and general information contained on our Site;

        b) they appreciate on behalf of all people included in their booking, the risks involved in adventure and activity travel;

        c) they or anyone else on their booking does not suffer (and has never suffered) from any pre-existing medical condition which may prevent them from participating in the Holiday; and

        d) the person signing, or being deemed to sign the booking form (by way of internet booking and/or paying the deposit) which incorporates these Terms and Conditions of Booking, warrants that he/she has full authority to do so on behalf of all persons named thereon and confirms that all such persons are fully aware of and accept these Terms and Conditions of Booking.

 

2.     The Price you pay

All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of the Holidays advertised by us before confirming your booking.  All administration charges and our commission are included within all prices quoted to you.

 

Your Service Providers reserve the right to increase the price of Services booked by you after you have booked and we will forward an amendment invoice reflecting any changes made (the “Amendment Invoice”). Any increase by us to the Price will be as the result of changes in our costs of supplying your Holiday including (but not limited to) those resulting from transportation charges (fuel and other transport charges), currency fluctuations and government action.

 

The price quoted on the Amendment Invoice issued is guaranteed, unless you change your booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. We will not vary the Price less than 30 days before your departure date, but if variations occur before that time we will absorb an amount up to 2% of the extra costs.  If the increase is more than 10% of the Price, then you may cancel your booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us.

 

3.     If we cancel your booking

We will ensure that you are promptly notified of any cancellation, but accept no liability for the changes or costs incurred which may result if any of your chosen Service Providers cancel your booking for any of the Services.  We reserve the right to cancel your Holiday in any circumstances but if we cancel your holiday you will receive a full refund of all sums paid by you to us. We will not cancel your Holiday less than six weeks before your Holiday start date, unless this is the result of “Events Beyond our Control” as set out in section 6.  Under no circumstances shall our liability to you exceed the amount actually paid by you to us for your Holiday.  We will not pay any compensation or be liable for any expenses you have incurred such as travel fares, visas or vaccinations. 

 

If you fail to pay the deposit and/or final balance in accordance with these Terms and Conditions of Booking, we reserve the right to treat the booking as cancelled and in such circumstances you shall not be entitled to any refund of any amounts paid and we shall not be liable to such clients for any compensation.

 

4.     If we change your booking details

We will ensure that you are promptly notified of any significant changes to your Holiday, but accept no liability for the changes or costs incurred which may result.

 

For all other arrangements, we hope that we will not have to make any change to your Holiday but, because Holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure.  If there is, in our opinion, a major change to your Holiday then we will offer you either a refund or alternative arrangements.

 

If there is a major change to your Holiday which is not as a result of an Event Beyond Our Control (as set out in section 6), compensation may be paid, at our discretion, as follows:-

 

Period of Notification                                        Compensation Per Person

+42 days before departure                                   Nil

41-28 days before departure                               £20 per person

27-14 days before departure                               £30 per person

13-day of departure                                             £40 per person

 

5.     Our responsibility for your Holiday

We have taken all reasonable care to make sure that all the Services which make up the Holidays advertised by us are provided by efficient and reputable businesses and are covered by appropriate insurance policies. These businesses which provide the Services should follow the local and national laws and regulations of the country where the Services are provided and we do not contract with Service Providers who cannot make this confirmation to us. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe.  The Services within the Holiday will be deemed to be provided with reasonable care and skill if they comply with any local regulations which apply.  We have appropriate arrangements in place so that your booking with us will be protected in the unlikely event of our being unable to provide your contracted arrangements due to our insolvency.

 

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 correct documentation. 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. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us forthwith accordingly.

 

We will try to meet any special requests notified to us but cannot guarantee to do so. Please note that special requests do not form part of our contractual agreement and we will have no liability if they are not met.

 

6.     Events Beyond our Control

Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport beyond our control or that of our suppliers, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar event.

 

You must accept that there is a risk of any activity forming part of your Holiday being adversely affected by weather conditions.    Evasion Travel shall not be liable for any loss, delay or costs connected with, or arising out of, adverse weather conditions, including blocked roads. If, as a result of force majeure, you miss your return departure and extra accommodation is required, Evasion Travel will not be responsible for this cost. We strongly recommend you insure against this risk.

 

7.     Personal Injury  

This section covers injury, illness or death while you are using the Services that we have arranged for you. We accept responsibility for those elements of the Holiday which are under our direct control and for the acts and/or omissions of our employees. If they do not carry out their duties properly (or at all) and that fault results in your injury, illness or death, we may make a payment to you.  You must show that reasonable care and skill has not been used if you wish to make a claim. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care, or such injury or death is unforeseeable or unavoidable or is due to unusual circumstances beyond our control. We will not make any payment if your illness, injury or death was your own fault (please also see Section 15).  Nor will we make any payment to you if your illness, injury or death is attributable to a third party unconnected with the provision of Services and/or Holiday contracted for.

 

 We have no direct control over the way our Service Providers provide their Services but everyone employed or contracted or by our Service Providers is expected to carry out their duties properly. If they do not carry out their duties properly (or at all) and that fault results in your injury, illness or death, then the Service Provider may make a payment to you.  We shall, where appropriate, and subject to our reasonable discretion and prior agreement, give you every help that we can by way of initial assistance should you need to make a claim against a Service Provider. 

 

Note: Subject to the above paragraphs, we may only make a payment for injury, illness or death, on the basis that : 1. You must tell us about your injury or illness while you are on holiday. You should also write to our Customer Services Department at the address given in Section 13 about your claim within three months of coming home from your holiday to allow us to investigate it properly. Please include a letter about your injury or illness from your doctor if you can. 2. In the event your claim is ultimately against a Service Provider, you should transfer to us any rights you have against the Service Provider or any other person. 3. You should co-operate fully with us if we or our insurers want to enforce those rights against a Service Provider. 4. Any payments we make may be limited in accordance with international conventions. We may ask you to transfer your rights to us so that we can claim back from Service Providers any payments we make to you, plus any legal or other costs.

 

If you choose to issue proceedings in respect of a claim against us, you must do so within 2 years of return from the holiday or 2 years of discovering the matters giving rise to a claim if this is later.  If you do not then our liability to you will be limited in all cases to £100.

 

If any international convention applies to or governs any of the Services and you make a claim against us arising out of death, injury or loss suffered during or as a result of the provision of those Services, our liability to pay you any compensation and/or the amount of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and type and amount of any damages that can be awarded).  For the avoidance of doubt this means that we are to be regarded as having all the benefit of any limitations of compensation in any conventions applicable to your Holiday.

 

8.    Your contract

By asking Evasion Travel to confirm your booking, you are accepting that these Terms and Conditions apply to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Your contract with us is subject to the laws and jurisdiction of England and Wales. No employee of Evasion Travel other than a director has authority to vary or omit any of these Terms and Conditions of Booking or promise any discount or refund.

 

9.     Paying for your travel arrangements

You will be required to pay a deposit to us for each person when you book unless this is within eight weeks of departure when the full Price on the Confirmation Invoice is payable. The deposit amount will be specified by us when your booking is made. Please note your booking deposit may be increased or there may be a charge payable for some bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. coach touring. Once confirmed, the booking deposit and any additional charges paid will not be refunded in the event of cancellation except as required by law.

 

If you fail to make payments within the time frame specified on the Confirmation or Amendment Invoice, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Confirmation or Amendment Invoice, in accordance with the scale in section 12.

 

If payment for your booking is made by credit card a handling fee of 2.0% per transaction may be made. No charge is made for payments made by debit card or on-line bank transfer.

 

10.   If you change your booking

If you want to change any details of your booking (such as changing your date of departure) or to cancel an optional extra you have booked, we will do our best to help but please note that we may charge an “Amendment Fee” for each detail of the booking which you change (only in the circumstances where we are able to make such change). If you make the change less than four weeks before your Holiday start date the Amendment Fee will be £25 per person in addition to the cost of the new arrangements requested.

 

The price of your new arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your travel arrangements.  

 

Some types of accommodation (such as hotel rooms with reductions for three adults) are priced according to the number of people staying there. If your booking changes because someone in your party cancels, we will recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost for them may go up. This extra cost is not a cancellation charge, and you should insure in respect of this risk.

 

11.   If you cancel your booking

If you want to cancel your booking or part of it, the lead name on your booking must advise us in writing by email to info@evasiontravel.co.uk. The email must be in the name of the person who made the booking. To cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to resell your travel arrangements, we may make a cancellation charge on the scale shown below (the “Cancellation Charge”). The person who made the booking is responsible for paying this Cancellation Charge. The size of the Cancellation Charge depends on when we receive your written notice - the more notice you give, the less we will charge. We advise that you take out cancellation insurance as part of your insurance policy.

 

12.   Cancellation Charges

These Cancellation Charges are based on how many days before your booked departure we receive your cancellation notice. These Cancellation Charges are a percentage of the total cost of your booking.

Period before departure within which written notice of cancellation received by us	Cancellation Charge*
More than 41 days	Loss of deposit
41-28 days	60% of total booking price
27-14 days	90% of total booking price
13 - 0 days	100% of total booking price

* Where the standard deposit is increased to secure specific facilities (see Section 9 above) and these are non-refundable in whole or in part, then the scale of Cancellation Charges shown will be calculated based on a percentage of the cost of all other arrangements and the non-refundable charges will be added to that Cancellation Charge to give the total Cancellation Charge.

 

13.   If you have a complaint

The relevant Service Provider may have a complaints procedure to follow. If you have a complaint about your arrangements whilst away, you must immediately notify the Service Provider in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us immediately by telephone/email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to our Customer Services Department by email to info@evasiontravel.co.uk, within 28 days of returning from your Holiday in order for it to be investigated properly. Please write your Holiday reference number on your email, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the Service Providers, then we may not be able to deal positively with any complaint on your return.

 

14.   Conduct while travelling

We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or affects other travellers or is threatening or abusive towards our staff or agents in the UK or France, on the telephone, in writing or in person. If resort staff reasonably believe that you could be disruptive, they can also refuse to let you proceed with your Holiday. If this occurs, then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances, no refunds or compensation will be paid to you and we or your Service Provider may make a claim against you for any costs and expenses incurred by us or your Service Provider as a result of your behaviour.

 

All clients undertake not to damage their accommodation, and to abide by local regulations (especially in relation to noise). Clients are liable for the cost of any such damage or loss and Evasion Travel shall be entitled to recover costs from the client if necessary before homebound transfer. The party leader shall be liable in the first instance for any claims against the party. Clients undertake not to harm the reputation of Evasion Travel, or cause offence to other clients or to representatives of Evasion Travel. In the event breach of this undertaking by you, Evasion Travel may terminate your Holiday and shall have no further contractual obligations to you or any obligation to pay a refund or compensation to you.

 

15.    Accompanied cycling/walking/skiing

If you intend to cycle/walk/ski with the staff of Evasion Travel, you hereby accept and acknowledge that you do so entirely at YOUR OWN RISK and that the staff of Evasion Travel do not have professional guiding, teaching, mechanical or first aid qualifications. 

 

All activity tours involve an element of risk and it is YOUR responsibility to act with due care at all times. 

 

In relation to mountain biking activities you should WALK where you are not confident to ride.  It is a condition of participating in our Holidays that you will agree to wear a safety helmet and eye protection at all times while cycling and horse riding.  If you bring your own bike/equipment (including ski equipment) you are responsible for keeping it in good working order.

 

16.   Travel Insurance, baggage and children

It is a pre-condition of booking with us that you have, or will put in place prior to your holiday, appropriate travel insurance to cover you in all circumstances for the duration of your Holiday (including medical expenses, injury, death, repatriation costs, air ambulance and helicopter rescue services) and for all activities in which you intend to participate. We also strongly recommend that you take out cancellation insurance. You must carry proof of insurance with you on the Holiday.

 

Clients' property including baggage is at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance and should ensure that there are no exclusion clauses in their policy of insurance limiting protection for the type of activities included in their Holidays.

 

Children must always be accompanied by a responsible adult.

 

Whilst Evasion Travel may provide tools and general advice, you remain personally responsible for the maintenance and working order of any equipment that you bring on your Holiday.

 

17.    Data Protection

Any personal information we request from you will be safeguarded under the Data Protection Act 1998. This Act regulates the processing of information relating to individuals, including the holding, use or disclosure of such information. We may use the information you provide to communicate with you. You will not receive any other information from us as a result of supplying us with personal data unless you opt to do so. We will not pass information about you onto any third parties.

 

18.   Passports and visas

 

Clients are responsible for arranging and must be in possession of a valid passport and any visas required for the whole of their Holiday.  Information on these matters or related items (climate, clothing, baggage etc) is given in good faith but without responsibility on the part of Evasion Travel.  The Foreign and Commonweatlth Office produces up to date information to British travellers to make informed decisions about travelling abroad - www.fco.gov.uk/knowbeforeyougo