From time to time, it may be necessary for us to change these T&Cs. UPDATED July 2023 Re: Cancellations by you
Therefore please check this webpage for any updates, particularly if you are about to book a holiday.
The following booking conditions, together with the information set out on the relevant tour webpage of the Wise Birding Holidays website will form the basis of the contract between you and Wise Birding Holidays Ltd.
In this contract a reference to “you” and “your” refer to the lead-named person on the booking form / confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking has been made. “We” are Wise Birding Holidays Ltd of 3 Moormead, Budleigh Salterton, Devon EX9 6QA.
“Conservation Donation” means a sum specified in our brochure for each tour as a contribution to a conservation project of our choice.
“Meeting Point” means the place specified by us in the Tour Details 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 Details” means whatever documents we send to you in hard or soft copy to provide information about your Tour.
The contract between us starts when we receive a booking form signed by the lead-named customer and the relevant deposit has been paid. The lead person must be at least 18 years old when the booking is made and by signing the booking form this confirms he/she is authorised on behalf of all persons named on the booking form to enter into the contract and you are jointly and severally liable to us.
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
What is included in the price of a Wise Birding Holiday?
- travel from the meeting point in the country of the tour to your return to the departure point (which is likely to be the same place);
- accommodation, all meals and drinking water (unless otherwise stated in the itinerary);
- services of one or more leaders;
- a donation to our conservation fund or a specific conservation project.
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.
In entering into a contract with us, you have relied only on the information on our website, our tour details and these terms. 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.
Payment and failure to pay
The last date for payment of the balance of the cost of your holiday will be due to us a minimum of 3 months 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 eight 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 generally non-refundable (exceptions below) but we will of course always try to refund you fully if at all possible.
In some cases we may have to retain part of or full payment if we have lost payments made to ground agents on your behalf that we are unable to recover. This risk will vary from country to country but any retained payments will equate to unrecovered costs only. However, you should still be able to claim back any such losses through your travel insurance.
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, deposits (excluding any unrecoverable costs paid on your behalf) made specifically to Wise Birding Holidays Ltd will be refunded.
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:
The dates below refer to the date that we receive notice of cancellation from you.
- Loss of deposit is the minimum fee (exceptions as stated above)
- Between 90 and 61 days before departure 50% of the holiday cost
- 60 days or less before departure (or failure to join the holiday) 100% of holiday cost.
Please be aware the above cancellation terms do not take into account any payments that we made to ground agents on your behalf that we are unable to recover and therefore the above cancellation fees could be higher than those stated above. This risk will vary from country to country but any payments not refunded to you will equate to our unrecovered costs only. However, you should still be able to claim back any such losses through your travel insurance.
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 30 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 at 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 ask that you do not book your flights until we have confirmed to you, that the holiday has reached the minimum number required to run.
On rare occasions, your holiday may also be cancelled by us or by a governmental authority for a reason beyond our control / force majeure events. In such circumstances, cancellation may therefore be less than our standard four weeks prior to tour departure notice period. See below under “Limitations on our Liability” 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.
If we cancel, we shall either transfer it to an alternative Wise Birding Holiday by way of a voucher or refund the full amount you have paid to us.
If we are forced to cancel a tour due to Covid 19, we will offer you one of the following:
1 – an automatic credit transfer of your pre-tour payment to reserve a place on the same tour departing on the next available date, most likely the following year.
2 – a credit transfer to a different Wise Birding tour in the future.
3 – or a full refund **See paragraph below**
In many cases we may have to retain part of or full payment if we have lost payments made to ground agents on your behalf that we are unable to recover.
This risk will vary from country to country but any retained payments will equate to unrecovered costs only. However, you should still be able to claim back any such losses through your travel insurance.
Also be aware that if YOU choose to cancel your holiday before we officially cancel a tour, our standard booking conditions will apply.
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.
Customer Payment Protection
Customers prepayments are protected by a topp policy
Wise Birding Holidays Ltd has Total Payment Protection (topp) Policy cover
In compliance with The Package Travel and Linked Travel Arrangements Regulations 2018, an insurance policy has been arranged with Travel & General Insurance Services Limited (t&g), to protect customers prepayments in the unlikely event of our financial failure, and paid in respect of non-flight inclusive packages for:
- loss of advance payments and deposits for package holidays organised by Wise Birding Holidays Ltd
In the unlikely event of financial failure please contact the claims helpline on 01702 811397.
A copy of the policy is available on request.
This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Hiscox Insurance Company Limited (Hiscox), registered 00070234. T&G and Hiscox are authorised and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (number 113849)
Public Liability Insurance
Wise Birding Holidays has specific Tour Operator Liability Insurance in place, details of which may be available upon request.
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 or our supplier’s control / force majeure events, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include: volcanic ash, riot, acts of terrorism, significant risks to human health such as pandemics and an outbreak of serious disease risks or natural disasters such as floods, earthquakes or severe weather conditions.
In this paragraph a 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.
- 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.
At least four weeks before the Start Date, we shall send you full Tour Details 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, lodges and sometimes guesthouses. Occasionally, we stay in tents or Gers or a homestay and these have more basic facilities.
- 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, disease 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, flight delays, 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.
Please be aware that any flight delays that result in you missing the designated meeting date and time are the responsibility of the airline.
The flight element of a tour is completely separate to the holiday. Therefore any additional costs incurred as a result of such delays must be either covered by the airline or by you & then claimed back on your travel insurance.
Although we will try our best to help you in such a situation, It is ultimately your responsibility to arrange any transport required in order to continue with the itinerary.
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.
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.
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 tour information details 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 a no smoking rule 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.
- 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.
This website is owned and operated by Wise Birding Holidays Ltd (“Wise Birding”, “our”, “we” or “us”). Wise Birding Holidays is a Limited Company with our registered office at 3 Moormead, Budleigh Salterton, Devon EX9 6QA and we are the controller of all personal information collected on this website. This notice sets out the way we gather, use, disclose and manage our customer’s personal information.
Data Protection and Us
Our business involves arranging and leading birdwatching and wildlife watching holidays and we only process personal data for that purpose. In the course of our business, we will collect and process certain types of personal information necessary for the provision of our services.
Please be assured that we will never:
share, sell or distribute your personal data to any third parties except where a booking has been made with us and we have your consent (see below), or we are required by law to do so.
Collect or store any financial information such as your bank account or payment card details on our database.
What personal data do we gather from you through the website?
Currently, the only personal information we gather through our website are first and last names and an email address. All of which you provide voluntarily when you subscribe to our E-Newsletter.
Do we gather personal data in other ways?
When you book with us, it is a booking condition that you fill out a booking form.
On this form we request your personal data such as first and last names, home address, telephone number etc. Sometimes we may need to share this personal data with trusted third parties to enable us to supply you with the goods or services you have requested.
By booking with us, you are giving your consent to this use, which may include the transfer and disclosure of this personal data both within the UK and/or overseas for our ordinary business purposes. Currently, we only collect and process the following personal details:
- full name
- date of birth
- telephone number
- an emergency contact
- diet and health details
- travel insurance details
- and sometimes passport details if required by hotels / ground agents that we use during our tours.
How often do we delete such personal data?
Whenever we collect or process your personal data, we only keep it for as long as is necessary for the purpose for which it was collected or the law requires.
As a general rule, we keep any general email correspondence with you for no longer than three years before it is deleted. Personal data held on booking forms is generally kept for no more than a year after the tour date.
While we take precautions to ensure our site is free from viruses or malicious content, we cannot accept any responsibility for any loss or damage to your own computer or its software directly as a result of using our site, nor can we accept responsibility for the site safety of websites for which we provide links.
We use Google Analytics to collect information about peoples browsing habits while using our website. It enables us to track the pages you looked at while visiting our website and to see where you travelled from to reach our site. This uses ‘cookies’ which are stored on your computer to track your browsing behaviour. A cookie is an alphanumeric identifier which asks permission to be placed on your hard drive through your web browser when you visit our website.
It is relatively simply to set up your web browser to notify you of cookie placement requests or to decline cookies completely, though declining them may result in a less user friendly browsing experience.
Personal data and your rights
If we process your personal data, you have a number of rights. You are entitled to see the personal information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the personal information we hold about you.
If at anytime after signing up for our E-Newsletter or direct marketing purposes you wish to be removed from our mailing list, then you can click the ‘Unsubscribe’ link at the bottom of every E-newsletter that we send you.