Please note that the prices, terms and conditions which are published on our website http://www.RocUp.uk supersede those printed in any of our brochures.
These Booking Conditions (as defined below) form the basis of your contract with ROC UP Limited. Please read them carefully as they set out your and our respective rights and obligations.
1.1 In these Booking Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Booked means your order for a Holiday;
Booking Conditions means the terms and conditions set out in this document;
Booking Form means the form called a “Booking Form” which You fill in to Book a Holiday from us;
Cancellation Charges have the meaning set out in clause 7.2.2;
Cancellation Notice means the notice You give us if You wish to cancel a Confirmed Holiday, as more particularly described in clause 7.1;
Confirm/Confirmed means, in relation to a Holiday, when We accept your Booking by sending You a Confirmation Invoice;
Confirmation Invoice means our acceptance of your Booking in the form of an invoice detailing, amongst other things, the Start Date of your Holiday, its duration, Group Members (if you are the Group Captain), your accommodation and either (i) the balance of Price to be paid, or (ii) the Price you have already paid: depending upon whether you Booked your Holiday before or after the Cut-Off Date;
Cut-Off Date means 56 calendar days from the Start Date of a Holiday, after which the full Price must be paid upon Booking;
Deposit means the sum payable when You Book a Holiday in advance of the Cut-Off Date, in respect of each individual on the Booking Form, in the amount set out on our Website or in our brochures;
Force Majeure Event means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, volcanic eruption, subsidence, epidemic or other natural disaster;
Group means a number of individuals, each of whom (i) is detailed on one Booking Form, and (ii) authorises one of their members (the Group Captain), to make a Booking on his/her behalf;
Group Captain means a Group Member, at least 18 years of age, who is authorised by each Group Member to make a Booking on his/her behalf;
Group Member means an individual in a Group;
Holiday means a ROC UP sports adventure holiday as advertised on our Website and in our brochures;
Price means the price for a particular Holiday, as shown on our Website or in our brochures and as confirmed in the Confirmation Invoice;
ROCStar means a rock climber of international renown;
Start Date means the date on which We first provide You with services on your Holiday, most usually, accommodation at the Holiday location;
We/us/our means ROC UP Limited, a company incorporated and registered in England and Wales with company number 09385654, whose registered office and trading address is at 145 Kelvin Gate, Bracknell, Berkshire, United Kingdom, RG12 2TN;
Website means ROC UP’s website at http://www.RocUp.uk.
You/your means each individual named on the Booking Form for a Holiday, which shall include, in the case of a Group, the Group Captain and each Group Member;
1.2 In these Booking Conditions, except where the context otherwise requires:
1.2.1 words in the singular shall include the plural and in the plural include the singular;
1.2.2 a reference to one gender shall include a reference to the other genders; and
1.2.3 A reference to “writing” or “written” includes faxes and email;
2. MAKING A BOOKING
2.1 To Book a Holiday as an individual or as a Group Captain on behalf of all Group Members, You must:
2.1.1 be at least 18 years of age;
2.1.2 complete our online or paper Booking Form; and
2.1.3 pay the Holiday Price or, if before the Cut-Off Date, the appropriate Deposit;
2.2 By making a Booking, the Group Captain confirms that he/she is authorised to make the Booking on the basis of these Booking Conditions by each Group Member and that each Group Member (including the Group Captain him/herself) agrees to be bound by these Booking Conditions. The Group Captain is responsible for paying both the Deposit and the Price on behalf of the Group.
2.3 No individual under 18 is allowed on any of our Holidays without being accompanied by a parent or a person with parental responsibility for that individual. In the event that any Group Member is under 18 at the time of Booking, one other Group Member must be that under-age Group Member’s parent or have parental responsibility for that under-age Group Member. The Group Captain will be responsible to ensure that the under-age Group Member complies with these Booking Conditions.
2.4 Please check that the details on the Booking Form are complete and accurate, before You submit it to us. If You think that You have made a mistake in filling out the Booking Form, please contact us to discuss. We will confirm any changes in writing to You to avoid any confusion between You and us.
2.5 Subject to the Holiday You require being available and your payment of the Holiday Price or Deposit (as applicable) clearing, We will confirm your Holiday by sending You (or the Group Captain if You are a Group Member) a Confirmation Invoice. For the avoidance of doubt, it is at this point that a contract will come into existence between You (including all Group Members) and us even though We may earlier have let You know, informally by telephone, about your Deposit/Price payment clearing and/or the availability of the Holiday You requested.
2.6 If, for any reason, We are unable to supply You with a Holiday (for example because all of the spaces are taken) We will inform You of this in writing, will not process your Booking and will return your payment for the Holiday Price or Deposit, as the case may be.
2.7 We will assign a reference number to each successful Booking and this will be shown on the Confirmation Invoice. Please quote this reference number in all subsequent correspondence with us relating to your Booking.
2.8 It is very important for You to check the Confirmation Invoice carefully as soon as You receive it. If any information in it (or, indeed, in any other document relating to your Booking) appears to You to be incorrect or incomplete, please contact us immediately and at least within 14 calendar days, as We wish to avoid acting on such information, leading to a situation which may be difficult or expensive to rectify. For this reason, We cannot accept any liability if We are not notified of any inaccuracies of our making in the Confirmation Invoice or in any other document, outside of that timescale. Of course, We will do our best to rectify any mistake notified to us outside of the 14 calendar day time limit but You must meet any reasonable costs incurred by us in doing so.
2.9 Any changes or updates to your Holiday details or additional information will be emailed to You using the email address entered on the Booking Form. Please, therefore, check your emails on a regular basis. We may also contact You by telephone and/or post if We cannot, for whatever reason, contact You by email. Certain documents may need to be sent by post.
2.10 You may contact us by email at any time in relation to your Holiday and our email for that purpose is [firstname.lastname@example.org]
3. WEBSITE / BROCHURE ACCURACY
Please note that whilst We make every effort to ensure the accuracy of the information and Prices shown on our Website and in our brochures (and other advertising material – if any), errors do sometimes occur and information may change. Please, therefore, contact us immediately if You notice something on your Confirmation Invoice that does not correlate with the information on our Website or in our brochures or in other advertising material. You can always ring us prior to filling in your Booking Form and We will be pleased to help You with any queries relating to your Holiday details and Price.
4.1 If You paid a Deposit upon Booking, the balance of the Holiday Price must be received by us before the Cut-Off Date. The Cut-Off Date will be shown on the Confirmation Invoice. Reminders may be sent but You should not rely on this and it is your responsibility (the Group Captain’s responsibility in the case of a Group) to ensure that all payments are made on time.
4.2 If We do not receive all payments due (including any further amounts due because of an obvious error in the Price) by the Cut-Off Date, We are entitled to assume that You (including, for the avoidance of doubt, all Group Members in the case of a Group Booking) wish to cancel your Booking. In this case, We shall be entitled to keep all Deposits paid at that date.
4.3 All payments must be made via our Website or over the telephone using the telephone numbers [00447584651460 AND/OR 00447595714105].
5. THE HOLIDAY PRICE
5.1 Subject to clause 5.3 below, We reserve the right to increase or decrease the advertised Price of any of our Holidays at any time prior to it being Confirmed.
5.2 Once the Price of your Holiday has been Confirmed, then subject to clause 5.4 below and the correction of obvious errors, We will not vary the Price of your Holiday.
5.3 We reserve the right to correct errors in both advertised and confirmed Prices, however, We will not increase any Confirmed Price unless the error is obvious.
5.4 The advertised Price of our Holidays includes VAT. However, if the rate of VAT changes between the date of your Booking and the Start Date of your Holiday, We will adjust the rate of VAT that You pay, unless You have already paid for the Holiday in full before the change in the rate of VAT takes effect.
6. CHANGES THAT YOU WOULD LIKE TO MAKE TO YOUR HOLIDAY
6.1 Should You wish to make any changes to your Confirmed Holiday, You must notify us in writing as soon as possible. Whilst We will endeavour to accommodate your changed requirements, We cannot guarantee to be able to do so.
6.2 If, however, We are able to do so, You will have to pay any costs or charges incurred or imposed by any of our suppliers (but not by us) in making the change You require. In some cases, the change You require may result in a recalculation of your Holiday Price. This may happen if, for example, your change affects the basis upon which We calculated your Holiday.
7. IF YOU CANCEL YOUR HOLIDAY
7.1 Should You need to cancel your Holiday once it has been Confirmed, You (including a Group Captain in respect of any Group Member) must immediately advise us in writing (“Cancellation Notice”). Your Cancellation Notice will only be effective when it is received in writing by us at our registered office address.
7.2 We incur costs from the time We Confirm your Booking.
7.2.1 If We receive your Cancellation Notice before the Cut-Off Date, You will lose your Deposit. For the avoidance of doubt, where a Group Captain sends a Cancellation Notice in respect of a Group Member, only the proportion of the Group Deposit that relates to the Group Member will be lost;
7.2.2 If We receive your Cancellation Notice after the Cut-Off Date, You will lose your Deposit and, in addition, will be required to reimburse us for all costs, charges and expenses that We have incurred or are contractually required to incur in respect of your Holiday, for example because We have already paid our suppliers by that time or are contractually obliged to pay them (“Cancellation Charges”). For the avoidance of doubt, where a Group Captain sends a Cancellation Notice in respect of a Group Member, the Cancellation Charges shall comprise only the costs, charges and expenses (as above) that relate to the Group Member.
7.2.3 We will invoice You (the Group Captain if he/she sent the Cancellation Notice in respect of a Group Member) our Cancellation Charges as soon as We have calculated them but not later than 14 days after receiving the Cancellation Notice.
7.3 If You are unfortunate enough to incur Cancellation Charges, You may, depending on You reason for cancellation, be able to reclaim part or all of them under the terms of your insurance policy. We are not involved in this process and You must deal with your insurance company direct.
7.4 If You Book any particular activity or option with us in relation to your Holiday but fail to take part in it for any reason (for example, because You mistake the start time or You have a hangover or You simply decide not to take part), We regret that no refund will be given in respect of those activities or options.
7.5 Where You are the Group Captain and a Group Member wishes to cancel, You may be able to avoid some or all of the Cancellation Charges in respect of that Group Member if You are able to transfer that Group Member’s place to someone else, but We are only able to accept such a transfer if:
7.5.1 We are notified of the transfer not less than 14 days before the Start Date of your Holiday; and
7.5.2 You pay us, before the Start Date of the Holiday, the costs We incur or estimate that We will incur (if any) in effecting the transfer (for example, extra charges levied on us by our suppliers) and any shortfall between our estimate of the such costs and the costs We actually incur. Similarly, We will reimburse you if our estimate is higher than the costs We actually incur.
8.1 It is essential that You take out adequate and appropriate insurance for your Holiday. You must ensure that it provides adequate medical and cancellation cover as well as cover the activities that You will be participating in during your Holiday. Many travel insurance policies do not cover rock climbing and other hazardous activities as standard, so You need to be careful in selecting the right one.
8.2 Please read your policy details carefully and take it with You on your Holiday. It is your responsibility to ensure that the insurance cover You purchase is suitable and adequate for your Holiday.
9. IF WE CANCEL YOUR HOLIDAY
9.1 We aim to provide your Holiday in accordance with your Booking. However, many of our Holidays require a minimum number of participants to enable us to operate them and/or the Price is calculated on the basis of a minimum number of participants. If, in our reasonable opinion, the number of participants on your Holiday is likely to fall below or fail to reach the required minimum number at the Cut-Off Date, We are entitled to cancel it. As an alternative We may, in this situation, re-cost the Holiday to reflect the actual number of participants who wish to attend and then We will let You know as soon as We can, the new, changed Price and the new balance to pay (if you have already paid a Deposit). If the new Price is not acceptable to all of the participants on your Holiday, then We will have to cancel it. We may also cancel it if, for example, You do not pay the balance of the Holiday Price by the Cut-Off Date.
9.2 If We cancel your Holiday, You can (except where this is because You have not paid the balance of the Price by the Cut-Off Date), either have a refund or accept a replacement Holiday from us of equivalent or similar standard and Price, if We are able to offer You one. Should You choose this option the terms and conditions of your Holiday will not change and these Booking Conditions will still apply to your replacement Holiday. We will also pay You compensation, in accordance with the table set out in clause 10.2.5, unless We cancel your Holiday because You do not pay us the balance of the Holiday Price or because of a Force Majeure Event. We will always refund the difference in Price if the replacement Holiday is of a lower standard and Price. We will not cancel your holiday after the Cut-Off Date unless this is due to a Force Majeure Event.
10. IF WE CHANGE THE DETAILS OF YOUR HOLIDAY
10.1 We hope that We will not have to make any changes to your Holiday but because our Holidays are planned many months in advance, We sometimes do need to make changes, even after your Booking has been Confirmed. We reserve the right to do this at any time. We will let You know about any important changes (i.e. from the Holiday details advertised on our Website or in our brochure) when You Book. If You already have a Confirmed Booking, We will let You know as soon as We can, if there is time before the Start Date of your Holiday.
10.2 Most changes are minor. Sometimes, however, We have to make a “major change”.
10.2.1 A major change is a change made before the Start Date of your Holiday which, taking into account the information You gave us when You Booked your Holiday, would be more than likely, in our reasonable opinion, to have a significant effect on the enjoyment of your Holiday. Major changes are likely to include a change of accommodation to that of a lower official classification or standard for the whole or a major part of your Holiday;
10.2.2 For the avoidance of doubt, We do not consider that a change in the ROCStar You were supposed to have during your Holiday to be a major change, as all of our ROCStars are world-renowned climbers and, in any case, supplement ROC UP’s own performance coaching staff who will, throughout your Holiday, be providing You with performance coaching tailored to your own abilities;
10.2.3 If We tell You about a major change after your holiday has been Confirmed, You may:
(a) accept the new arrangements offered by us; or
(b) accept a replacement Holiday from us of equivalent or similar standard and Price at the date of the change, if We are able to offer You one. (Should You choose this option the terms and conditions of your Holiday will not change and these Booking Conditions will still apply to your Booking); or
(c) cancel your Holiday with us and receive a full refund of the Price.
10.2.4 Except in the case of a Force Majeure Event, where We make a major change to your Holiday, We will pay You compensation in accordance with the table in clause 10.2.5 below. Further, We will always refund the difference in Price if the replacement Holiday is of a lower standard and Price at the date of the change.
10.2.5 The compensation amounts shown in the table below are based on how many days before the Start Date of your Holiday We inform You of a major change as described above.
10.2.6 If any major change is not acceptable to You, You can cancel your Holiday Booking and We will refund the Price and, unless the change is due to a Force Majeure Event, pay You compensation in accordance with the table shown in clause 10.2.5 above.
10.2.7 The compensation payments set out in clause 10.2.5 above are in addition to, and do not affect, your legal rights in relation to major changes in your Holiday. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office;
10.2.8 Please note, the above options are not available where any change made is a minor one. As mentioned above, the substitution of one ROCStar for another is considered to be a minor change.
11. FORCE MAJEURE – EVENTS BEYOND 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 Booking Conditions caused by a Force Majeure Event.
12. OUR LIABILITY TO YOU
12.1 We promise to use reasonable care and skill in performing our contract with You, that is to say, in arranging and providing You with one of our Holidays. This means that, subject to these Booking Conditions, We will be liable if You suffer death or personal injury or are ill or your Holiday is not arranged or provided as We promised or is deficient in some other way, as a result of our failure or the failure of any of our employees, agents or suppliers to use reasonable care and skill in arranging and providing your Holiday: as long as our employees were acting in the course of their employment and our agents and suppliers were carrying out work or performing services We asked them to do.
12.2 The contract between us is governed by these Booking Conditions and if We fail to comply with (i.e. breach) them, We will be responsible for any injury or illness or death or any loss or damage You suffer that is a foreseeable result of our breach or our negligence. Such matters would be foreseeable if they are an obvious consequence of our breach or if they could be contemplated by You and by us at the time We entered into this contract, that is to say, when your Holiday was Confirmed.
12.3 Our Holidays do not include the arrangement of provision of flights or any other form of transport.
12.4 Rock climbing and its associated activities (such as abseiling and lowering-off) are inherently hazardous and participation carries the risk of death, personal injury and loss of or damage to personal belongings. It is your responsibility to ensure You are fully aware of all risks and that You have the necessary skills, nerve, level of fitness, equipment and experience (as appropriate), to participate in the activity.
13. TERMS AND CONDITIONS OF OUR SUPPLIERS
13.1 Although the contract between You and us under these Booking Conditions is governed by English Law (see clause 24.1), some of the services which make up your Holiday (e.g. your accommodation) are provided by independent foreign suppliers who provide these services in accordance with their own terms and conditions and under the laws and regulations of their own country. Although We exercise reasonable care and skill in selecting our foreign suppliers, the local laws and regulations which govern their conduct may not be the same as those in the United Kingdom, especially if the country in which your Holiday is being provided is outside the European Union.
13.2 Some of our foreign suppliers’ terms and conditions may limit or exclude their liability in a manner which is not allowed under English Law. We have no control over this and You agree that such services will be treated as having been properly provided if they comply with applicable local laws and regulations (even if they would not have complied with English Law) as long as they are not unsafe to the extent that would lead a reasonable holiday maker in the United Kingdom to refuse to go on the Holiday in question because of those services.
14. BEHAVIOUR, DAMAGE, HEALTH AND FITNESS
14.1 Any accommodation We arrange for You must only be used by the individuals named on your Confirmation Invoice or otherwise agreed by us. You are not allowed to share the accommodation or let anyone else stay there.
14.2 When You Book with us, You accept responsibility for any damage or loss caused by You (or a Group Member if You are the Group Captain). Full payment for any such damage or loss must be made direct to the accommodation owner or manager or other supplier. If You fail to do so, You will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of You or your Group’s actions. You (including all Group Members) should ensure You have appropriate travel insurance to protect You if this situation arises.
14.3 Further if, in our reasonable opinion, You or your Group behaves in such a way as to cause or be likely to cause damage to property or endanger, upset or cause distress to any third party, We are entitled, without prior notice, to terminate your Holiday, the Holiday of the Group Member whose behaviour is in question or the Holiday of the whole Group if We reasonably consider this to be appropriate. In this situation, You or the Group Member concerned or the whole Group (as appropriate) will be required to leave the accommodation and/or the performance coaching services being provided. In such circumstances, We will have no further responsibility toward You or such Group Member or the Group as a whole, including any return travel arrangements. No refunds will be made and We will not pay any expenses or costs incurred as a result of the termination or prevention from taking part in the performance coaching services concerned.
14.4 Unless specified otherwise in respect of any Holiday or any individual detailed in our Confirmation Invoice (e.g. performance coaching for a disabled climber) in order to take part in the climbing activities We provide, You and all Group Members must be in good health, reasonably fit and, to get the best from our performance coaching services, climb to the standards mentioned on our Website or in our brochures. We will not provide any refunds or compensation or pay any expenses which You or any Group Member may incur as a result of your (or any Group Member’s) failure in this regard. You must advise us prior to the start date of your holiday of any disability, medical or behavioural problems that You or any Group Member has which may affect third parties on your Holiday. (Please also see clause 16 below.)
15. SPECIAL REQUESTS
15.1 If You or any Group Member has a special request, You must provide full details of that request on the Booking Form. Although We will, if it is reasonable, pass on such a request to the relevant supplier, our suppliers are independent businesses not under our control, so We cannot guarantee that any request will be met. Failure to meet a special request will not be a breach of contract on our part.
15.2 If a request is especially important to You or to a particular Group Member, please ask us to confirm in writing to You whether or not that request can be fulfilled, as if it cannot, You or the Group Member concerned may decide not to continue with the Holiday Booking.
15.3 For the avoidance of doubt, We cannot accept any Booking from You which is specified to be conditional on the fulfilment of a particular request. All such Bookings will be treated as normal bookings subject to the provisions in clauses 15.1 and 15.2 above.
16. MEDICAL PROBLEMS
16.1 If You or any member of your Group has any medical problem or disability which may affect your or your Group’s Holiday, You must provide us with full details of such medical problem or disability on the Booking Form. You must also promptly advise us if any such medical condition or disability develops after your/your Group’s Booking has been confirmed.
16.2 If We reasonably feel that We are unable properly to accommodate your particular needs or the particular needs of the Group Member concerned, We reserve the right to decline your or their Booking or, if full details are not given on the Booking Form, to cancel your/their Booking when We become aware of these details.
17. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
17.1 As our Holidays start and are performed in locations outside of the United Kingdom to which You must independently travel, You must ensure You are in possession of all necessary travel and health documents before the Start Date of your Holiday. All costs incurred in obtaining such documentation are your responsibility.
17.2 For your information, the passport, visa and health requirements (if any) applicable to British citizens for the Holidays We offer are detailed on our Website and in our brochures. Requirements may change and You must check the up to date position in good time before the Start Date of your Holiday, especially if You have relied on one of our brochures rather than our Website, our brochures being much less likely to be up to date, reflecting the position at the time that they were printed.
17.3 A full British passport presently takes approximately 4 weeks to obtain. If You (or any member of your Group) do not yet possess a passport, You/they should apply for one at least 6 weeks before the Start Date of your Holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask You to attend an interview in order to do this.
17.4 If You are not a British citizen or hold a non-British passport, You must check passport and visa requirements with the Embassy or Consulate of the country or countries to or through which You are intending to travel to get to your Holiday location.
17.5 It is your responsibility to ensure You are aware of all recommended vaccinations and health precautions (if any) in good time before the Start Date of your Holiday. Information on health is contained in the NHS Health Advice for Travellers leaflet T7.1, available from the Department of Health by telephone on 08701 555 455 by email at email@example.com or via its website at www.dh.gov.uk/travellers and from most Post Offices. You should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7.1 and the website www.dh.gov.uk/travellers). Health requirements and recommendations may change and You must check the up to date position in good time before departure.
18. SAFETY STANDARDS
Please note, it is the requirements and standards of the country in which any services which make up your Holiday are provided which apply to those services and not those of the United Kingdom. As a general rule, these requirements and standards will not be the same as the United Kingdom and may sometimes be lower.
19. CONTACTING YOU
19.1 If You Book via our Website or have opted in other circumstances for us to contact You via email, We will communicate with You using the email address You provided us.
19.2 We will assume that your email address is correct and that You understand the risks associated with using this form of communication. Please note that You may still have to contact us by telephone or in writing as required in these Booking Conditions.
20. INFORMATION ABOUT US AND HOW TO CONTACT US
20.1 We are a ROC UP Limited, a company registered in England and Wales. Our company registration number is 09385654 and our registered office is at 145 Kelvin Gate, Bracknell, Berkshire, United Kingdom, RG12 2TN.
20.2 If You have any questions or if You have any complaints, please contact us. You can contact us by telephoning  or by e-mailing us at [firstname.lastname@example.org].
20.3 If You wish to contact us in writing, or if any clause in these Booking Conditions requires You to give us notice in writing (for example, to cancel your Booking), You can send this to us by email, by hand, or by pre-paid post. If by hand or by post to ROC UP Limited at the address set out in clause 20.1. If by email, to [email@example.com]. We will confirm receipt by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by email, by hand, or by pre-paid post to the address You provide to us in the Booking Form.
21. HOW WE MAY USE YOUR PERSONAL INFORMATION
21.1 We will use the personal information You provide to us to:
21.1.1 provide You (including all Group Members) with your Holiday;
21.1.2 give to our suppliers, so that they can provide You with services associated with the Booked Holiday, such as accommodation and performance coaching;
21.1.3 process the payment for your Holiday; and
21.1.4 inform You about similar Holidays or services that We provide but You can ask us to stop sending these to You at any time by contacting us.
21.2 You agree that We may pass your (including all Group Member’s) personal information to credit reference agencies and that they may keep a record of any search that they do.
21.3 We will not give your (including all Group Member’s) personal data to any other third party without your consent.
22. FINANCIAL PROTECTION
22.1 The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that You pay us for Holidays booked from us and for your repatriation in the event of our insolvency.
22.2 We provide this security by being a member of Protected Travel Services (“PTS”), which was set up to provide UK consumers with the highest level of financial protection in the travel industry. Our being a member of PTS provides You with complete protection against both the failure of our company and the suppliers we use. This protection lasts from the time that You Book your Holiday with us until the time you return.
22.3 When You Book a Holiday from us, all monies that We collect from You are paid directly into an independently controlled trust account and PTS arrange for our suppliers to be paid directly from that trust account. Supplier payments are checked and authorised by independent trustees.
22.4 You can find out more about the protection You receive through our membership of PTS by going to http://www.protectedtravelservices.com/company/consumer-protection
23. OTHER IMPORTANT TERMS
23.1 We may transfer our rights and obligations under these Booking Conditions to another organisation. However, We will always notify You in writing if this happens, but this will not affect your rights or our obligations under these Booking Conditions.
23.2 This contract is between You and us. No other person shall have any rights to enforce any of its terms.
23.3 Each of the paragraphs of these Booking Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.4 If We fail to insist that You perform any of your obligations under these Booking Conditions, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
24. LAW AND JURISDICTION
24.1 These Booking Conditions are governed by English law.
24.2 You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.