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Terms & Conditions
1. Defined Terms
The following terms shall have the meanings set out below when used in these terms & conditions:
“we”, “our”, “us” - Means Art Tours Limited of 2 Ordnance Mews, London
NW8 6PF (registered in England No.6516077).
“Force Majeure” - Means any unusual and/or unforeseeable situations
outside our control, the consequences of which could not have been avoided
even if all due care had been exercised. These include (but are not limited
to) unavoidable technical problems with transport, changes imposed by
rescheduling or cancellation of flights by an airline, the alteration of the airline
or aircraft type, war or threat of war, civil strife, industrial disputes, natural
disaster, bad weather, epidemic, terrorist activity or significant building
work going on outside of your accommodation unknown to us before your
departure and of a third party e.g. resort building work.
“Tour” - Means, except where stated, the flights, accommodation, transport
and/or all other holiday-related products and services that we are providing
you with under this booking that are booked before your departure.
“Major Change” - Includes the following when made before departure:
(a) a change of resort area for the whole or a major part of your holiday,
(b) a change of accommodation to that of a lower official classification
for the whole or a major part of your holiday,
(c) a change of UK departure airport (excluding change of London
(d) a change of outward departure time or overall length of your holiday
of twelve or more hours.
“Package” - Means a package as defined in the Package Travel, Package
Tours and Package Holidays Regulations 1992.
“Party” - Means, where applicable, any person on whose behalf you book a
“Quote” - Means the quote for your Tour that we communicate to you by
letter/email and which may be updated by us at any time prior to confirmation
“Regulations” - The Package Travel, Package Tours and Package Holidays
2. Your Tour Contract
When you make a booking you guarantee that you have the authority to
accept and do accept these terms & conditions on your own behalf and on
behalf of all members of your Party. A binding contract will exist as soon
as we issue our confirmation invoice. This contract is governed by English
Law, and the jurisdiction of the English Courts. If however you have booked
your holiday in Scotland or Northern Ireland any disputes may be dealt with by
the under the law and jurisdiction of Scotland or Northern Ireland.
Once you have received your confirmation invoice, it is your responsibility
to check that the information and booking details (including the spellings of
any names) are correct. In the event of any discrepancy, please contact us
Please note: all bookings are subject to availability.
3. Your Tour Price
The price of your Tour was calculated using the rate of exchange on the date
that the cost of the Tour was finalised. We reserve the right to make changes
to advertised prices at any time before your booking is confirmed. In the
event of a change in our price we will notify you prior to your booking.
Once the price of your chosen Tour has been confirmed and you have
received your confirmation invoice, the price of your Tour may only change
due to changes in: (a) transportation costs (including the cost of fuel); (b) dues,
taxes or fees chargeable for services such as landing taxes or embarkation or
disembarkation fees at ports and airports; and (c) exchange rates. However,
there will be no change to the cost of your Tour within 30 days of departure.
If the above price variations mean that the cost of your Tour goes up after
you have received your confirmation invoice, we will absorb and you will not
be charged for any increase equivalent to up to 2% of the price of your Tour,
which excludes any amendment charges. You may be charged for the amount
over and above that. If this means that you have to pay an increase of more
than 10% of the price of your Tour, you will be entitled to cancel your Tour and
receive a full refund of monies paid, except for any amendment charges and
any cancellation charges already incurred. Should you decide to cancel for
this reason, you must exercise your right to do so within 7 days from the date
printed on the final invoice. Should the price of your Tour go down due to the
above mentioned price variations, by more than 2%, then any refund due will
be paid to you. However, please note that travel arrangements are not always
purchased in local currency and some apparent changes have no impact on
the price of your travel due to contractual and other protection in place.
4. Payment for Your Tour
In order to confirm your booking you must pay the deposit indicated in
your Quote. The balance (if any) of the cost of your arrangements is due for
settlement not later than 8 weeks before departure. If you are booking within
8 weeks of departure, you will be asked to settle the cost of your Tour in full at
the time of confirmation. If we do not receive this balance in full and on time,
we reserve the right to treat your booking as cancelled by you in which case
the cancellation charges set out in clause 7 below will become payable.
Payments should be made by:
(a) bank transfer to the bank account detailed in your Quote, giving the
name of the person who made the booking as reference; or
(b) cheque, made payable to Art Tours Limited, and sent to the
following address along with your completed booking form: Art
Tours Ltd, 2 Ordnance Mews, London NW8 6PF. We regret that we
cannot accept credit cards.
5. Your Financial Protection
Art Tours Limited is a company committed to customer satisfaction and
consumer financial protection. We are therefore pleased to announce that, at
no extra cost to you, and in accordance with ‘’The Package Travel, Package
Tours Regulations 1992’’ all passengers booking with Art Tours Limited is fully
insured for the initial deposit, and subsequently the balance of monies paid
as detailed in your booking confirmation form. The policy will also include
repatriation if required, arising from the cancellation or curtailment of your
travel arrangements due to the insolvency of Art Tours Limited. This insurance
has been arranged with MGA Cover Services Limited (registered address
Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP,
company registration: 08444204 authorized and regulated by the Financial
Conduct Authority registration number 597536) under a binding authority
with the insurer CBL Insurance Europe Limited (registered address 2nd Floor
13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by
the Financial Conduct Authority registration number 203120). In the unlikely
event of Insolvency you must Inform MGA Cover Services Limited immediately
on +44 (0) 20 3540 4422. Please ensure you retain this booking confirmation
form as evidence of cover and value.
All the flights and flight-inclusive holidays we sell are financially protected
by the ATOL scheme. When you pay you will be supplied with an ATOL
Certificate. Please ask for it and check to ensure that everything you booked
(flights, hotels and other services) is listed on it. For more information about
financial protection and the ATOL Certificate please visit http://www.caa.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Policy exclusions: This policy will not cover any monies paid back to you by
your Travel Insurance or any losses which are recoverable under another
insurance or bond.
6. If You Change Your Booking
If, after our confirmation invoice has been issued, you want to change any part
of your Tour please contact us immediately and we will do all we can to help
you, but it may not always be possible. Any request for changes to be made
must be in writing from the person who made the booking. If it is possible to
make the change, you will be asked to pay an administration charge of £35
per person and any further cost we incur in making this alteration. You should
be aware that these costs could increase the closer to the departure date that
changes are made. Any changes to dates of travel within 60 days of departure
may be treated as a cancellation and result in cancellation charges being
Please note that certain travel arrangements may not be changed
after a reservation has been confirmed and any alteration could incur
a cancellation charge of up to 100% of that part of the arrangements.
In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.
7. If You Cancel Your Tour
You, or any member of your Party, may cancel your travel arrangements at
any time. If any member of your Party decides to cancel their place on the
Tour, the person who made the booking must notify us of the decision as
soon as possible by sending written notification by mail. Cancellation will be
effective from the date it is received by us. Since we incur costs in cancelling
your travel arrangements, you will have to pay the applicable percentage of
the total booking price by way of cancellation charges set out below:
Period before departure within which notice of cancellation is received by us
in writing and cancellation charge (% of total booking price)
More than 56 days: Loss of deposit only
56-28 days: 50%
27-15 days: 75%
14 days or less: 100%
Our cancellation charges are a percentage of the total Tour cost, not
including amendment charges, which are non-refundable.
Please note that if only some members of your Party cancel, in addition to
incurring the applicable cancellation charges we may recalculate the holiday
cost for the remaining members of your Party. You may have to pay extra
charges such as single room supplements.
If you decide to cut short your holiday and return home early in circumstances
where you have no reasonable cause for complaint about the standard of
accommodation and/or services provided by us, we may not offer you any
refund for the remainder of your holiday not completed or services unused,
nor assist with any associated costs you may incur. Depending on your
circumstances, your travel insurance may offer cover for curtailment and we
suggest that any claim is made directly with them.
We strongly recommend that you take out full travel insurance, which will
in most cases include cover, under certain circumstances, against loss of
deposit or cancellation fees.
Certain travel arrangements may not be cancelled after they have
been confirmed and any cancellation could incur a cancellation
charge of up to 100% of that part of the arrangements.
8. If We Change or Cancel Your Tour
Whilst we shall do our best not to make any significant alteration to your Tour,
we reserve the right to make changes to and correct errors in your Tour details
both before and after bookings have been confirmed. Most of these changes
will be minor and we will advise you of them at the earliest possible date.
We must also reserve the right to cancel your travel arrangements at any time.
For example, if the minimum number of clients required for a particular tour is
not reached, we may have to cancel it.
If we have to make a Major Change to or cancel your Tour, we will tell you as
soon as possible and if there is time to do so before departure we will offer
you the choice of the following options:
(a) (for Major Changes) accepting the changed arrangements; or
(b) purchasing alternative arrangements from us, of a similar standard
to those originally booked if available (if the chosen arrangements
are less expensive than your original arrangements, we will refund
the difference, but if they are more expensive, we will ask you to
pay the difference); or
(c) cancelling or accepting the cancellation in which case you will
receive a prompt and full refund of all monies you have paid to us.
If we have to make a Major Change or cancel within 8 weeks of departure,
subject to the exceptions below, we will pay you the following minimum
Period before departure when major change/cancellation is notified and compensation payable per adult:
More than 56 days: Nil
42-56 days: £20
29-41 days: £30
15-28 days: £40
We will not pay you compensation where:
(a) we make a Major Change or cancel more than 8 weeks before
(b) we are forced to make a change or cancel as a result of Force
M ajeure; or
(c) the Tour is cancelled because the number of persons who agree to
take it is less than the minimum number required, and you are
informed of the cancellation in writing within the period indicated in
the description of the Tour.
We will not pay you compensation and the above options will not be available
to you if we make a minor change to your Tour or cancel as a result of your
failure to make full payment on time. We regret we cannot pay any expenses,
costs or losses incurred by you as a result of any such change or cancellation.
Very rarely, we may be forced by Force Majeure to change or terminate your
arrangements after departure. If this situation does occur, we regret we will
be unable to make any refunds (unless we obtain any from our suppliers), pay
you compensation or meet any costs or expenses you incur as a result. If,
after your departure, we have to change a significant part of your Tour, we will
do our best to make suitable alternative arrangements. If we cannot do so or
you refuse to accept the alternative for good reasons, we will arrange for you
to be returned to the place of departure, as soon as we reasonably can. In
both cases we will, where appropriate, compensate you. Please note that
compensation will not be payable if the change is minor or if the change or
cancellation is the result of Force Majeure.
9. Flight Delays, Changes, Information & Cancellations
Flight delays are often inevitable. We are not responsible for flight timings and
as of such we will not personally offer compensation for such occurrences.
Cover against delays is included in most holiday insurance policies which
should be purchased before your departure.
Airlines occasionally may change the type of aircraft used on a particular flight
without advance warning. Scheduled and charter flight timings and days of
operation are subject to change. We will advise you of any significant change
as soon as we ourselves are informed by the airline. Minor timing changes
will be shown on the flight tickets, which you should check carefully when
received. Any change in the identity of the carrier(s), flight timings, and/or
aircraft type will not entitle you to cancel or change to other arrangements
without paying our normal charges.
Under EU Regulation 261/2004 you have the rights in some circumstances to
refunds and/or compensation from your airline in cases of denied boarding,
cancellation or delay to flights. Full details of these rights will be published at
EU airports and will also be available from airlines. However reimbursement in
such cases will not automatically entitle you to a refund of your holiday cost
from us. Your rights to a refund and/or compensation from us are set out in
Please note the existence of a ‘community list’ (available for inspection at
air carriers that are subject to an operating ban within the EU Community.
10. Your Responsibilities
Any passports, visas, health certificates, international driving licences
and other travel documents required for your Tour must be obtained by
you, and it is your responsibility to ensure that you are in possession of all
necessary travel and health documents before departure. We regret we
cannot accept liability if you are refused entry onto any transport or into
any country due to failure on your part to comply with any passport, visa or
immigration requirements. It is your responsibility to ensure that you arrive
at stated departure times and places and we cannot accept any liability for
any loss or damage which you suffer through failure to do so. If failure to
have any necessary travel or other documents results in fines, surcharges
or other financial penalties being imposed on us, you will be responsible for
reimbursing us accordingly. In the event we are asked to reissue tickets that
have been lost, destroyed or stolen and we agree to do so, any charges
incurred as a result of this will be payable by you.
The Foreign & Commonwealth Advice Unit may have issued information about
your holiday destination. You are advised to check this information at
It is important that you have insurance cover and that it is adequate for your
needs. We cannot be responsible for any costs you incur due to failure to
do so. For your own peace of mind the insurance should cover you if you
have cancelled your arrangements, or for any emergencies that may arise
whilst on holiday. Please check your policy and take it on holiday with you.
For those who participate in sports and activities whilst on holiday that have
been organised and arranged independently of us, it should be understood
that participation is at the individual’s own risk and it is your responsibility to
obtain the relevant insurance. It is a condition of the contract, and by making
a booking with us you are confirming, that you and all members of your Party
have adequate travel insurance in force for the entire duration of your Tour.
You are responsible for the proper behaviour of yourself and your Party
on your Tour. If we or any other person in authority is of the reasonable
opinion that you or any member of your Party is behaving in such a way
as to cause or be likely to cause danger or upset to any other person or
damage to property, we reserve reasonable discretion to refuse your booking
or to remove you or a member of your Party from the Tour. No refund or
payment of any expenses or costs incurred by you will be made under these
circumstances. You will be responsible for making full payment for any
damage or loss caused by you or any member of your Party during your
time away. Payment must be made direct at the time to the service supplier
concerned, failing which 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 your actions.
13. If You Have a Complaint
Should you have a problem or complaint at any time during your Tour, you
must report it immediately to the supplier(s) of the service(s) in question
and our representative (if applicable). You must give us every possibility to
reasonably rectify the situation. Most problems or complaints can be resolved
while you are away, however if you remain dissatisfied, you must write to us
within a reasonable period of time (we would suggest 28 days) of your return
to the UK giving full details of your complaint.
Please send letters to:
Art Tours Limited
2 Ordnance Mews
London NW8 6PF
If you fail to follow this procedure we will have been deprived of the
opportunity to investigate and rectify your complaint and may impact
the way that your complaint is dealt with.
14. Our Liability to You
(1) We promise to make sure that the holiday arrangements we have
agreed to make, perform or provide (as applicable) will be made, performed
or provided with reasonable skill and care. This means that, subject to these
terms & conditions, we will accept responsibility if, for example, you suffer
death or personal injury or your contracted holiday arrangements are not
provided as promised or prove deficient as a result of the failure of ourselves,
our employees, agents or suppliers to use reasonable skill and care in making,
performing or providing your contracted holiday arrangements. Further, we
will be responsible for what our employees, agents and suppliers do or do
not do if they were at the time acting within the course of their employment or
carrying out work we had asked them to do.
(2) We will not be responsible for any injury, illness, death, loss (for
example loss of enjoyment), damage, expense, cost or other sum or claim of
any description whatsoever which results from any of the following:
(a) the act(s) and/or omission(s) of the person(s) affected or any
member(s) of their party; or
(b) the act(s) and/or omission(s) of a third party not connected with
the provision of your holiday arrangements and which were
unforeseeable or unavoidable or
(c) ‘Force Majeure’ as defined above (which includes any disruption to
your holiday due to bad or unusual weather conditions).
(3) Except as specifically set out in these terms & conditions, we
will not accept any further or different liability than imposed by the
Package Travel, Package Tours and Package Holidays Regulations 1992. It is
your responsibility to show that reasonable skill and care has not been used if
you wish to make a claim against us.
(4) The services and facilities included in your Tour will be deemed
to be provided with reasonable skill and care if they comply with any local
regulations which apply, or, if there are no applicable local regulations, if they
are reasonable when compared to the local standards in practice.
(5) We cannot accept responsibility for services or facilities which do
not form part of our agreement, for example any excursion you book whilst
away, or any additional service or facility which your hotel or any other supplier
agrees to provide for you where the services or facilities are not advertised by
us and we have not agreed to arrange them.
(6) As set out in these terms & conditions, we limit the maximum
amount we may have to pay you for certain claims you may make against
us. Where we are found liable for loss of and/or damage to any luggage
or personal possessions (including money), the maximum amount payable
for the claim in question is £50 per person affected unless a lower limitation
applies to your claim under this clause. For all other claims which do not
involve death or personal injury, the maximum amount we will have to pay
you if we are found liable to you on any basis is up to three times the price
(excluding amendment charges) paid by or on behalf of the person(s) affected
in total unless a lower limitation applies to your claim. This maximum amount
will only be payable where everything has gone wrong and you have not
received any benefit at all from your holiday.
(7) Where any claim or part of a claim (including those involving death
or personal injury) concerns or is based on any travel arrangements (including
the process of getting on and/or off the transport concerned) provided by
any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of
compensation we will have to pay you will be limited. The most we will have
to pay you for that claim or that part of a claim if we are found liable to you
on any basis is the most the carrier or hotel concerned would have to pay
under the international convention or regulation which applies to the travel
arrangements or hotel stay in question (for example, the Warsaw Convention
as amended and the Montreal Convention for international travel by air and/
or for airlines with an operating licence granted by an EU country, the EC
Regulation on Air Carrier Liability No 889/2002 for national and international
travel by air, the Athens Convention for international travel by sea). Where a
carrier or hotel would not be obliged to make any payment to you under the
applicable international convention or regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part
of the claim. When making any payment, we are entitled to deduct any money
which you have received or are entitled to receive from the transport provider
or hotelier for the complaint or claim in question. Copies of the applicable
international conventions and regulations are available from us on request.
(8) All carriage (by land, sea and air) is subject to the terms and
conditions of carriage of the actual carrier, which may limit or exclude liability.
These are expressly incorporated into these terms & conditions and they also
form the terms and conditions of a separate contract between you and the
particular carrier, as contained in that carrier’s ticket. Copies of these terms
and conditions are available from us on request.
15. Data Protection
In order to process your booking and to ensure that your travel arrangements
run smoothly and meet your requirements, we need to use the personal
information you provide us, such as name, address, any special needs,
medical, health, dietary or mobility requirements. We may pass on personal
information to other relevant suppliers of your travel arrangements such
as hotels, airlines and transport companies. Your personal information
may also be provided to credit and debit card companies, security and/or
credit checking companies, government and enforcement agencies, public
authorities such as customs and immigration, if required by them, or as
required by law. This may involve sending your personal information between
different countries, including countries outside the European Economic
Area, where controls on data protection may not be as strong as the legal
requirements in the UK. If we cannot pass on your personal information to the
relevant suppliers, we cannot properly effect your booking.
16. Special Requests and Medical Problems
If you have a special request for a facility or service e.g. adjoining rooms,
airline seat requests or special meal types on flights, we shall pass this request
on to the relevant supplier but we cannot guarantee that it will be met and we
shall have no liability to you if it is not. We cannot accept any booking that is
conditional upon special requests being met and must emphasise that verbal
confirmations of special requests cannot be taken as a guarantee that they will
be met. Failure to meet any special request will not be a breach of contract
on our part unless the request has been specifically confirmed by us.
We are happy to advise and assist you in choosing a suitable Tour. As some of
the accommodation and resorts offered may lack even the simplest facilities,
such as ramps for wheelchairs, lifts etc, it is important that, when booking,
you advise us of any disabilities and special requirements to make sure the
Tour meets your specific needs. If we reasonably feel unable to properly
accommodate the particular needs of the person(s) concerned, we will not
confirm the booking or, if full details are not given at the time of booking,
we may cancel your Tour when we become aware of these details. Any
cancellation charge incurred by our suppliers will be passed on to you.
(a) A person who is not a party to these terms & conditions shall have
no rights under the Contracts (Rights of Third Parties) Act 1999 (but
this does not affect any rights which are available apart from under
(b) These terms & conditions, together with our Quote, confirmation
invoice and any payment method instructions, constitute the entire
agreement between you and us and supersede all previous
agreements in respect of your Tour.
(c) I f any provision or term of these terms & conditions is declared
illegal, invalid or unenforceable for any reason, that term or
provision shall be deleted from these terms & conditions and the
validity and enforceability of the other provisions of these terms &
conditions shall not be affected.
(d) Except as otherwise provided in these terms & conditions, these
terms & conditions are personal to you and you may not assign,
transfer or subcontract any obligations or benefits under them
without our prior written consent.
(e) No addition to or modification of these terms & conditions shall be
binding unless agreed in writing by both you and us.