The following booking conditions, together with the information set out on the relevant tour page of the Wise Birding Holidays website will form the contract between you and us for your holiday with us.
In this contract a reference to “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made. “We” are Wise Birding Holidays Ltd of 3 Moormead, Budleigh Salterton, Devon EX9 6QA.
“Conservation Donation” – means the sum specified in our brochure for each Tour as a contribution to a conservation project in the country of that Tour.
“Meeting Point” – means the place specified by us in the Tour Pack as the place we will meet and start your Tour.
“Start Date” – means the date on which you board our transport at the Meeting Point.
“Tour” – means a holiday organised by Wise Birding Holidays Ltd.
“Tour Pack” – means whatever documents we send to you in hard or soft copy to provide information about your Tour.
The contract between us comes into existence when we send out our confirmation invoice which confirms your booking. You will have undertaken to pay for the holiday you have booked and we will have undertaken to provide you with the holiday we describe in the brochure.
If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into that contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
If we are unable to accept your booking, we will of course return your payment to you immediately.
For you to make a booking, we require your deposit and a completed booking form. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
What is included in the price of a Wise Birding Holiday?
• travel from the meeting point to your return to the departure point (which is likely to be the same place);
• accommodation and all meals (unless otherwise stated in the itinerary);drinking water;
• services of one or more leaders;
• a donation to a designated conservation project as stated on our web site page for this Tour.
What is NOT included?
• return flights to the Tour destination;
• administration, flight booking and all other costs incurred before you board transport at the meeting place and after you return to the departure point;
• travel insurance or any other insurance personal to you;
• passport and visa costs;
• vaccinations and medication, before, during and after the Tour;
• food and drink over and above what we include in the Tour;
• gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
Payment and failure to pay
The last date for payment of the balance of the cost of your holiday will be due to us at least six weeks before the Tour Start Date. We will tell you that last date for payment after we have confirmed our acceptance of your booking.
If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
Any holidays requested less than six weeks prior to the departure date must be accompanied by full payment at the time of booking.
The prices given on our web site and in our brochure are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
No matter what the increase, we shall not increase the cost less than six weeks before the departure date.
If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance we will return to you all money paid to us.
Deposits are non-refundable (exceptions below) but in some cases may be transferable to another Wise Birding holiday. As stated on the Tour web pages, a minimum number of participants are required in order for the Tour to go ahead. Therefore you have a right to cancel any Tour for which there are insufficient reservations. In the event of any such cancellation, all deposits or other payments made specifically to Wise Birding Holidays Ltd will be refunded in full.
Cancellations by you
If you cancel your booking either through failure to pay the balance due or for any other reason, we may charge a cancellation fee calculated as follows:
• More than 60 days before departure: loss of deposit
• Between 59 and 43 days before departure 50% of the holiday cost
• Between 42 and 29 days before departure 75% of the holiday cost
• 28 days or less before departure (or failure to join the holiday) 100% of the holiday cost.
The above dates refer to the date that we receive notice of cancellation from you.
If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.
If you are unavoidably prevented from joining the Tour, you may transfer your place to another person, providing this person meets any conditions which may apply to the booking and that we are informed of the transfer not less than 28 days prior to the Tour start date.
In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Wise Birding Tour you choose. Whether we do so is in our discretion, for which we do not have to give a reason.
Cancellation by us
We reserve the right to cancel any Tour, not less than four weeks prior to departure. This happens very rarely and only when absolutely necessary, but we must have this freedom. The most likely reason for cancellation is that a Tour has failed to attract enough bookings to cover the cost.
For this reason, we suggest that you do not book your flights until we have confirmed to you, that the holiday has reached the minimum number required to run.
If we cancel, we shall refund whatever money you have paid to us, in full or, if you prefer, transfer it to an alternative Wise Birding Holiday.
Your holiday may also be cancelled by us or by a governmental authority for a reason beyond our control. See below for a list of matters for which we are not liable to you. Because we contract in advance for most of the services we consume during a Tour, it is unlikely that we shall be able to make a refund to you of any part of the cost of your holiday.
All payments to us may be made by cheque payable to ‘Wise Birding Holidays Ltd. We shall take account of your cheque on the date it is cleared into our account.
Alternatively, payment may be made by electronic transfer for which full information will be provided at the time of booking.
You agree that all these provisions are reasonable.
In order to comply with the Package Travel, Package Holidays and Package Tours Regulations 1992 and more importantly, to protect your money – all payments received by us are deposited into a separate client account where the money remains until the completion of the Tour.
At least four weeks before the Start Date, we shall send you a pack of information relating to your Tour. This information will include:
• location of Meeting Point and time of meeting;
• climate and clothing requirements;
• any important details relevant to a particular site that we may visit;
• a checklist of bird and mammal species we are likely to encounter.
We will arrange accommodation as close as reasonably possible to the birding or wild life sites we visit. Accommodation will be in good quality hotels or lodges. Occasionally it may be necessary to use bed and breakfast accommodation. En-suite facilities will be provided wherever possible. We will discuss your exact accommodation requirements when you have made a booking, but please note:
• We reserve the right to change accommodation to that stated on our website itineraries – (see below “changes of itinerary”).
• Single rooms are normally available at an extra cost. However, if you so wish, it may be possible for you to share a room.
• accommodation in some less developed countries (e.g. Ghana) will be of a lower standard than you would expect in Western Europe.
Changes of Itinerary
Despite careful planning, it is possible that a site may become inaccessible due to matters outside our control, for example through natural disaster or political turmoil.
It is also possible that new information on the movement of wildlife will in our opinion benefit the Tour participants generally by providing better wildlife watching opportunities.
We may therefore decide to make changes to the itinerary to accommodate either of the above possibilities. We will tell you of any such change as soon as we decide to make it. If that happens, you may transfer to an alternative holiday. If your chosen alternative is of a lower price we will refund the difference. If it is of a higher price, you must pay the difference
It is a condition of booking a Wise Birding Tour that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.
Cover should be obtained not only against normal travel risks, injury and repatriation, but against additional risks appropriate to the destination country. In particular, local road transport insurance may be inadequate, so you should check that your cover includes accidents happening whilst you are a passenger in a road vehicle.
We advise that you should also check that any valuable optical equipment is covered either in your travel policy or your home contents policy.
Passport, Visa and Health Requirements
Please note carefully:
• it is essential to make sure your passport is valid for at least six months after the date of return of your Tour;
• remember to apply for any necessary visa in good time;
• check with your GP what vaccinations and medication you may require and allow time to obtain it.
Limitations on our liability
We want you to enjoy a perfect holiday with Wise Birding Ltd. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
• any event which happens before you board our transport at the Meeting Point or after you leave our transport at departure;
• any problem arising from your failure to reach the Meeting Point on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
• the numbers or quality of birds or other wildlife you see on your Wise Birding Tour;
• any aspect of goods or services you buy or accept other than those arranged by us;
• medical problems or physical difficulties, even if you have told us about them in advance;
• medical emergencies;
• your own carelessness or negligence in any aspect of your behaviour whilst with us;
• laws, culture and standards of service and behaviour in any country we may visit;
• changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
• problems or issues which we could resolve whilst on a Tour but which you raise only after your return;
• any matter outside our control, for example volcanic ash, riot, terrorism.
• We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may be make, against us or anyone else.
• the services and features included in your Tour are those specified in our web site. If you choose to buy other goods or services during your holiday, those are not part of the package we provide, even if arranged through our Tour leader. Accordingly we are not liable to you for any happening in connection with that service or those goods.
Donations to Conservation Projects
By joining a Wise Birding holiday, you are contributing to a conservation project in the country to which you travel. You need take no action on this. The contribution is included in the price we charge. When we have received the final balance due for your holiday, we shall take it that you have made that donation. After that time it is not refundable. The details of the particular conservation project can be found on the Wise Birding Holidays website.
HELP WE NEED FROM YOU
Participation & Behaviour
Your information pack will provide details about your chosen holiday, but the following are contractual matters:
• Most Wise Birding holidays require reasonable physical fitness and appropriate clothing and footwear. You should be prepared to walk up to a couple of miles a day, sometimes on uneven or slippery surfaces.
• To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in the UK. Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.
• If at any time, it is our opinion (given by any of our staff or Tour leaders) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other Tour member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.
In this paragraph “Medical Emergency” means any circumstance where you need assistance while on a Wise Birding Tour for a medical reason or as a result of an accident. “Medical Help” includes not only services of medical professionals, but also temporary care, transport costs and any other assistance reasonably required in a Medical Emergency.
We have no legal obligation to provide Medical Help or assistance in a Medical Emergency. However, if we believe, rightly or wrongly, that you need such Medical Help, then we would like to help you. You now agree that if we do so in good faith, and whether or not you specifically ask for such help, you will repay us the cost on your return from the Tour.
Limitation of liability
• Except in the case of death or personal injury, our total liability under this Agreement, however it arises, shall not exceed the sum of £1,000 (one thousand pounds sterling).
• Neither party shall be liable to the other in any possible way, for any loss or expense which is:
• indirect or consequential loss; or
• economic loss or other loss of turnover, profits, business or goodwill.
• Nothing in this agreement excludes liability for a Party’s fraud.
Complaints: we shall try our utmost to provide a happy and fulfilling holiday, but if we fail in any way, do please raise any issue with your Tour leader immediately. If your complaint cannot be satisfied or it is not dealt with to your satisfaction at the time of reporting it to the leader(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.
Final details about the contract
In entering into a contract with us, you have relied only on the information on our web site and these terms. Nothing else we have communicated is to be taken as influencing your decision to come on a Wise Birding Tour.
The contract between us is subject to English law and the exclusive jurisdiction of the English courts, even if the subject matter of a dispute arises outside England and Wales.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.