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The following booking conditions form
the basis of your contract with Pure
Blue Moroc. They set out our respective
rights and obligations and you should
therefore read them carefully before
booking your holiday with us.
1. Booking procedure
To make your booking, each person must
complete and sign our booking form. The
booking is subject to these booking
conditions. Each client will be
responsible for all payments due in
respect of the arrangements purchased.
The booking form must then be forwarded
by post (no email) together with a
deposit of £100.00 per person (unless
booking 6 weeks or less before
departure, in which case full payment
must be made at the time of booking). In
addition, it is essential you take out
appropriate insurance cover at the time
of booking. You must make your own
insurance arrangements and you are
referred in particular to clause 4
below. Upon receipt of your booking form
and all appropriate payments we will
confirm your booking by issuing a letter
of confirmation and invoice. All
bookings are subject to availability.
The letter of confirmation will detail
any special arrangement we have agreed
to provide and forms part of your
Holiday Contract. It is important that
you check the confirmation letter and
invoice upon receipt and raise any
queries immediately. Queries that are
not immediately raised may not be
capable of correction or, where they
are, may incur an additional
administration fee. It is your
responsibility to ensure that all
details contained in the letter of
confirmation and invoices are correct.
2. Existence of Contract
A binding contract between us comes into
existence when we dispatch our
confirmation letter and invoice to you.
3. Payment
We require a minimum payment of £100 per
person prior to confirmation of your
holiday. For bookings made 6 weeks or
less before departure, full payment is
required at the time of booking. The
balance of the holiday price must be
received by us not less than 6 weeks
prior to departure. After we have
dispatched our letter of confirmation
and invoice, no further reminders will
be sent. If payment is not received in
full and on time, we reserve the right
to treat your booking as cancelled by
you. In this case the cancellation
charges set out in clause 7 below will
be payable. You may pay by cheque (UK
bank or building society), or bank
transfer (sterling). In the event of
dishonour of any cheque we will charge
£25.00 to cover our administration
costs.
4. Insurance
Due to the nature of adventure holidays,
you must be adequately insured for your
holiday. It is a condition of your
contract with us that you are fully
insured in respect of the risks set out
below in this condition 4. It shall be
your responsibility to ensure that you
are properly insured in accordance with
this condition 4. The risks that appear
below are set out for your consideration
only and are not intended to be
exhaustive. You are strongly advised to
seek advice from your insurance broker
and/or your insurance company for the
purpose of this condition 4:
a. medical treatment and repatriation;
b. cancellation and/or curtailment of
holiday;
c. loss or theft of personal effects;
d .hospital benefits;
e. personal accident;
f. personal liability;
g. travel delay
h. emergency rescue
i. legal expenses.
You must be able to provide us with a
copy of your insurance policy before we
will let you partake in an activity. We
reserve the right to cancel your holiday
without compensation or refund if you
fail to provide us with any information
required regarding your insurance or if
we are reasonably of the view that the
insurance arrangements you have made are
not adequate.
You agree to indemnify us from any claim
whatsoever arising from your failure to
comply with this condition 4.
5. The cost of your holiday
arrangements
The cost of you holiday is fixed, no
surcharges will be added.
6. Changes by you to your holiday
Should you wish to make any changes to
your holiday after we have issued your
letter of confirmation, you must advise
us in writing. Whilst we will endeavour
to assist, we cannot guarantee we will
be able to meet any such requests.
If you are unable to travel, you may be
able to transfer your place to someone
else providing you notify us not less
than four weeks prior to departure.
Where you are able to transfer your
place to a person of your choice, the
above charges must be paid before the
transfer can be affected.
7. Cancellation of your holiday by
you
Should you or any member of your party
cancel your holiday after the letter of
confirmation has been issued, you must
immediately advise us in writing.
Cancellation charges will then be
payable as set out below to compensate
us for the cost of making your booking
and the risk we may be unable to re-sell
your cancelled arrangements. These
charges are calculated from the date
written notice of the cancellation is
received by us as a percentage of the
total price payable and any amendment
charges which are non refundable in the
event of your cancellation.
Period before departure within which
written notification of cancellation is
received by us
More than 45 days -
- Cancellation charge
Deposit
30 - 45 days - 50 %
30 - 15 days - 75%
14 or less days - 100%
The person who signed the booking form
is liable to pay any cancellation charge
payable under this clause.
8. Changes by us
We try to avoid making changes to your
holiday. However, sometimes changes are
unavoidable and it is sometimes
necessary to make alterations to
brochure and other details both before
and after bookings have been confirmed.
We reserve the right in our absolute
discretion to do so. On occasions we may
find it necessary to make a significant
change. A significant change is one made
before departure involving a change of
your arrival or departure time by more
than 12 hours or a change of
accommodation If it is necessary to make
a significant change before departure,
we will advise you as soon as
practicable. If there is time to do so
before departure we will then offer you
the choice of: -
(a) accepting the changed arrangements
as notified to you or
(b) purchasing an alternative holiday,
of a comparable standard if available
(if the holiday is less expensive than
the original one, we will refund the
difference, if it is more expensive, you
will have to pay the difference) or
(c) canceling your holiday and receiving
a full and prompt refund of all monies
paid to us. If it is necessary to notify
you of a significant change 6 weeks or
less before departure, we will in
addition pay you compensation as set out
in the scale appearing below subject to
the following exceptions. Compensation
will not be payable and no liability
beyond offering the above mentioned
choice can be accepted where the change
is made as a result of unusual and
unforeseeable circumstances beyond our
control, the consequences of which we
could not have avoided even with all due
care. For significant changes, any
liability we have is limited to offering
the above choices and the compensation
payments (where applicable) set out
below. No compensation is payable if we
notify you of any change more than 8
weeks before departure. We cannot be
responsible for any costs or expenses
you may incur as a result of any change.
No compensation is payable for minor
changes. Minor changes do not entitle
you to cancel or change to another
holiday without paying the normal
charges.
Period before departure a significant
change or cancellation is notified to
you - Compensation per person
More than 14 days - £35
14 or less days - £55
9. Cancellation by us
On rare occasions, it may be necessary
to cancel a confirmed holiday. We must
reserve the right to do so. However, we
will not cancel within 8 weeks of
departure unless you have failed to make
payment in full and on time or we are
forced to do so as a result of
circumstances beyond our control. Where
your holiday is cancelled other than due
to your default in payment, we will
offer you the choice of purchasing an
alternative holiday of a comparable
standard if available (if the holiday is
less expensive than the original one, we
will refund the difference, if it is
more expensive, you will have to pay the
difference) or receiving a full and
prompt refund of all monies you have
paid to us. In addition, if we notify
you of cancellation 8 weeks or less
before departure, we will pay you
compensation as set out in clause 8
“Changes by us" above subject to the
following exceptions. Compensation will
not be payable and no liability beyond
offering the above mentioned choices can
be accepted (1) where we are forced to
cancel as a result of unusual and
unforeseeable circumstances beyond our
control, the consequences of which we
could not have avoided even with all due
care or (2) where an insufficient number
of people book your chosen holiday and
we notify you that we are cancelling for
this reason not less than 4 weeks before
departure. In all cases, our liability
is limited to offering the above choices
and the compensation payments (where
applicable) set out in clause 8. No
compensation is payable if we notify you
of cancellation more than 8 weeks before
departure. We cannot be responsible for
any costs or expenses you may have as a
result of cancellation. Very rarely, we
may be forced to curtail your holiday
after the date of departure where
circumstances amounting to "force
majeure" as described in clause 10 below
occur. In this very unusual situation,
we regret we cannot make any refunds
(except where refunds are obtained from
any supplier), meet any costs or
expenses you may incur as a result or
pay any compensation.
10. Force majeure
We regret we cannot accept liability or
pay any compensation where the
performance or prompt performance of our
contractual obligations is prevented or
affected by "force majeure." In these
booking conditions, "force majeure"
means any event which we or the supplier
of the service(s) in question could not,
even with all due care, foresee or
avoid. Such events may include war or
threat of war, riots, civil strife,
terrorist activity, industrial dispute,
natural or nuclear disaster, adverse
weather conditions, fire and all similar
events outside our control.
11. IMPORTANT – OUR LIABILITY TO YOU
PLEASE READ THIS CLAUSE CAREFULLY AS IT
PLACES LIMITS UPON OUR LIABILITY TO YOU.
We accept responsibility for ensuring
that all parts of our contract with you
are properly performed subject to the
following exceptions. We cannot accept
liability where any failure to perform
or improper performance was due to: -
1. the act(s) and/or omissions of the
person(s) affected or any member(s) of
their party or
2. those of a third party not connected
with the provision of your holiday and
which were unforeseeable or unavoidable
or
3. an event which either ourselves or
the supplier of the services in question
could not have foreseen or forestalled
even with all due care.
In all cases except where personal
injury, illness, death, loss and/or of
luggage or personal possessions
(including money) results or a lower
limitation applies, our maximum
liability is limited to the price
(excluding insurance premiums and
amendment charges) paid by or on behalf
of the person(s) affected in total.
Please note, we cannot accept any
liability for any damage, loss, expense
or other sum(s) of any description which
(a) on the basis of the information
given to us by you concerning your
booking prior to our accepting it, we
could not have foreseen you would suffer
or incur if we breached our contract
with you or (b) did not result from any
breach of contract or other fault by
ourselves or our employees or, where we
are responsible for them, our suppliers.
Additionally, we cannot accept liability
for any business losses. In the case of
loss and/or damage to and/or luggage or
personal possessions (including money),
our liability is limited to £25 per
person as you are assumed to have taken
out adequate insurance at the time of
booking. Where any claim or part of a
claim concerns or is based on any travel
arrangements made by us which are
provided by any air, sea, rail or road
carrier or any stay in a hotel, the
maximum we will have to pay you in
respect of that claim or part of the
claim if we are found liable to you on
any basis is the maximum which would be
payable by the carrier or the hotel
keeper concerned under the applicable
international convention in that
situation. You must give credit for all
payments due or received from any
carrier or hotel keeper which in any way
relate to the claim in question. Where
any payment is made to you or any member
of your party that person must assign to
ourselves or our insurers any rights
they may have to pursue any third party.
You must also provide ourselves and our
insurers with all assistance required.
12. Complaints
In the event of any complaint arising
during your holiday, you must
immediately notify the tour leader and
the supplier of the service(s) in
question who will offer such assistance,
as they are able. If you are still not
satisfied on your return home, you must
write to us with full details of your
complaint within 28 days of the end of
your holiday. For all complaints and
claims which do not involve personal
injury, illness or death, we regret we
cannot accept liability to fail to
notify the complaint or claim entirely
in accordance with this clause.
13. Conditions of suppliers
Please note that all services are
provided subject to the conditions of
the relevant supplier. Some of these
conditions may limit or exclude the
supplier's liability to you, usually in
accordance with the appropriate
international conventions.
14. Flights
We do not arrange the flight element of
your holiday. It is your responsibility
to make these arrangements and to ensure
that your flights coincide with your
required dates of arrival and departure.
We do not accept any liability for any
curtailment of your holiday by reason of
any delay arising from your flight
arrangements. We regret that we cannot
offer any financial assistance in the
event of delay of your outward or
homeward flight.
15. Transfers
Airport Transfers are included only at
the specified times. If you cannot get
to the airport for that time or your
flight is delayed then you are
responsible for all cost incurred before
you regroup with the group.
16. Special requests
If you have any special request, please
clearly note it on your booking form.
Only requests relating to services or
facilities provided directly by bike
morocco can be guaranteed (provided the
request has been confirmed in writing.)
Unless we have agreed in writing to
provide such a service or facility,
failure to meet any special request will
not be breach of contract on our part.
We will pass on requests to suppliers or
other service providers but we cannot
guarantee any request will be met.
Failure to meet any special request will
not be a breach of contract on our part.
17. Your obligations
You undertake to consult with your
general practitioner in connection with
any existing or previous condition which
may impact upon your ability to take
part in the activities arranged as part
of your holiday. Any such condition
should be disclosed to us at the time of
booking and to your insurance company.
By signing the booking form you
undertake and confirm to us that your
mental and physical condition are
sufficient and fit for the purpose of
joining in and participating in the
holiday you have booked. We reserve the
right in our absolute discretion to
require the production of a medical
certificate at any time prior to the
commencement of your holiday.
When you book a holiday with us, you
accept responsibility for any damage or
loss caused by you or any member of your
party. Full payment for any such damage
or loss must be made at the time to
ourselves or the third party concerned.
If you fail to do so, you must indemnify
us against any claims (including legal
costs) subsequently made against us as a
result of your actions. We expect all
clients to have consideration for other
people. If in our reasonable opinion or
in the reasonable opinion of any other
person in authority you or any of your
party behave in such a way as to cause
or to be likely to cause distress,
danger or annoyance to any third party
(including other clients) or damage to
property, we reserve the right to
terminate the holiday of the person
concerned without notice. In this
situation, our responsibilities towards
that person (including any return
transport arrangements) will immediately
cease and we will not be responsible for
meeting any costs or expenses they may
incur as a result. We will not make any
refunds or pay any compensation.
18. Adventure Holidays – warning
You accept and acknowledge that
expedition holidays of the nature
arranged by us are by their nature
likely to involve actual risk of and
danger to life as a consequence of,
amongst other matters, hazards of
travelling, accident, illness forces of
nature and the such-like. Such serious
dangers may endanger your life. You must
give careful consideration to these
risks before placing your booking. We do
not give any assurance or make any
prediction as to the success or
otherwise of any particular event.
19. Passport and visa requirements
We regret we cannot accept any liability
if you are refused entry onto any flight
or into any country due to failure on
your part to carry the correct passport,
visa or other documents required by any
airline or authority. It is your
responsibility to ensure that you have
the correct travel documents necessary
for your holiday.
20. Descriptions and content of trip
notes and web site
We believe that the information,
description and details of holidays on
our website and trip notes are accurate
and correct to the best of our knowledge
and belief at the time of publication.
However, by necessity, the information
descriptions and details are compiled in
advance of publication and may therefore
differ at the date of departure. We have
given all such details, information,
descriptions and details in good faith
and any changes are likely to be of a
minor nature and should not affect
enjoyment of your holiday.
21. Governing law and jurisdiction
Your contract with us is made in England
and shall be governed by English law.
You submit to the exclusive jurisdiction
of the courts in England.
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