Booking Terms and Conditions
See also the Website Terms and Conditions
1. INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Charges: the charges payable by the Customer for the Tour in accordance with clause 4.1(b).
Contract: the contract between the Tour Provider and the Customer for the provision of a Tour in accordance with these Conditions.
Customer: the person, persons or firm who purchases a Tour from the Tour Provider.
Description: the description of the Tour provided as shown on the Website
Order: the Customer's order for a Tour which is made when submitting information on the Website.
Tour: the Tour supplied by the Tour Provider to the Customer as set out in the Description.
Tour Provider: as named in the Description.
Website: www.cruisexcursionswales.com
1.2 In these Conditions, the following rules of construction and interpretation apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(c) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(d) a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase a Tour in accordance with these Conditions.
2.2 By submitting information through the Website you (1) confirm that you have read and understood the terms found thereon and (2) agree to be bound by them and understand that payments made are received and held by Llyn Pilgrim Way Holidays Ltd t/a Cruise Excursions Wales as our agent.
2.3 Notwithstanding any payments made through the Website, the Order shall only be deemed to be accepted when you receive email acceptance of the Order at which point and on which date the Contract shall come into existence.
2.4 The Contract and every document referred to herein constitute the entire agreement between the parties.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF TOUR
3.1 The Tour Provider shall supply the Tour to the Customer in accordance with the Description in all material respects.
3.2 The Tour Provider shall have the right to make any changes to the Tour which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Tour, and the Tour Provider shall notify the Customer in any such event.
3.3 The Tour Provider warrants to the Customer that the Tour will be provided using reasonable care and skill.
4. CUSTOMER'S OBLIGATIONS
4.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) ensure that the Customer and everybody in the Customer’s party arrives at and or returns to such place and at such time as notified to them by the Tour Provider from time to time. Where a passenger fails to meet in the correct place or at the required time and a departure is missed, the Tour will be deemed as cancelled in accordance with the Tour Provider’s cancellation policy and the full tour price shall be forfeited. In such an instance, if departure is missed during a tour, it shall be the passenger’s sole responsibility to travel further (or return to the tour starting point). The Tour Provider (including its employees, agents or sub-contractors shall have no responsibility for payment of compensation, consequential losses, additional travelling costs or other such claim as may arise.
(c) ensure that the Customer and everybody in the Customer’s party strictly adheres to such safety guidance given by the Tour Provider from time to time (whether before, during or after the Tour as the case may be). The Tour Provider shall not be responsible for any injury, loss or damage caused by the Customer and or any person in the Customer’s party not following such safety guidelines or otherwise going off any marked pathways, through closed gates or barriers.
(d) ensure that the Customer and everybody in the Customer’s party follows such direction (as distinct from that as set out in clause 4.1(c)) as issued by the Tour Operator from time to time.
(e) comply with the complaints procedure as set out in clause 9 of these Conditions.
(f) not rely on any policy of insurance effected by the Tour Provider for any personal injury, item theft or damage, or loss suffered. To the extent that the Customer wishes these risks to be covered it shall effect at its own cost, its own policy of insurance.
5. CHARGES AND PAYMENT
5.1 Payment for a Tour is to be made by credit or debit card online through the Website. No payment will be accepted by the Tour Operator by any other method.
5.2 The Customer acknowledges and accepts that Llyn Pilgrim Way Holidays Ltd t/a Cruise Excursions Wales will hold all monies paid in an escrow bank account until such time as the Tour has been conducted.
5.3 The Tour Provider reserves the right to refuse any Customer or any member of the Customer’s party until such time as payment of the Tour has been received in full in cleared funds.
6. CANCELLATION
CANCELLATION BY THE CUSTOMER
6.1 If the Customer wishes to cancel a Tour it must notify Llyn Pilgrim Way Holidays Ltd t/a Cruise Excursions Wales via email at [ ]. It shall be the responsibility of the Customer to evidence that Llyn Pilgrim Way Holidays Ltd t/a Cruise Excursions Wales have received the email.
6.2 In the event of cancellation by the customer, the Customer shall only be entitled to a refund dependent upon the date of cancellation. The following refund:
Cancellation 10 clear days or more before the tour date: 50 %
Cancellation more than 3 clear days but less than 10 clear days of the tour date: 10 %
Cancellation 3 clear days or less before the date of the Tour (including a failure to show, whether before or during a Tour): 0%
Cancellation by the Customer where a cruise liner fails to arrive or dock: 50%
6.3 Any cancellation email received after 4pm (recipient’s local time) on a Working Day shall be deemed to be received at 9am on the next Working Day.
6.4 For the purposes of clauses 6.1 to 6.3 (inclusive) time shall be of the essence.
CANCELLATION BY THE TOUR PROVIDER
6.5 In the event that the Tour Provider cancels a Tour, other than for reasons as set out in these Conditions, and an alternative Tour is not acceptable then the Customer’s payment will be refunded in full.
6.6 The Customer shall receive a full refund of monies paid for the Tour if the Tour Operator cancels a Tour due to the minimum occupancy level indicated on the website not being achieved. Customers shall be notified of such a cancellation by email no less than 7 days before the Tour is to depart.
6.7 Other than as set out in these Conditions the Customer shall not be entitled to any compensation, damages, payment for loss, costs and or expenses.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude the Tour Provider's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
7.2 Subject to clause 7.1:
(a) the Tour Provider shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (including but not limited to breach of express or implied warranty whether for fitness for purpose or otherwise), for any losses, costs and or damages (in each instance whether direct, indirect, incidental, special, punitive, loss of expectancy or consequential damages, even where foreseen or foreseeable by any of the parties hereto), arising or resulting from, or related to, provision of the Tour or otherwise under the Contract.
(b) the Tour Provider's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by the Customer for the Tour.
7.3 This clause 7 shall survive termination of the Contract.
8. FORCE MAJEURE
8.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Tour Provider including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Tour Provider or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm and adverse weather.
8.2 The Tour Provider shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
8.3 On the happening of a Force Majeure Event which necessitates the Tour being unreasonably delayed or cancelled the Customer will be offered an alternative date for the Tour or the right to cancel in accordance with clause 6.5 above.
9. COMPLAINTS
9.1 All disputes or complaints must be made in writing and brought to the attention of the Tour Provider within 14 days of the issue arising.
9.2 The Tour Provider shall be entitled to consider any complaint raised for a period not exceeding 30 days during which time the Customer acknowledges and agrees that it shall not bring legal proceedings or procure the bringing of legal proceedings against the Tour Operator.
10. ASSIGNMENT AND SUBCONTRACTING
10.1 The Tour Provider may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
10.2 The Customer shall not, without the prior written consent of the Tour Provider, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
11. WAIVER
11.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
12. SEVERANCE
12.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13. THIRD PARTIES
A person who is not a party to the Contract shall not have any rights under or in connection with it.
14. VARIATION
Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Tour Provider.
15. GOVERNING LAW AND JURISDICTION
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
