Terms and Conditions
The following terms and conditions in addition to the general information published on the website www.wellbeingescapes.co.uk build the basis of your contract with Wellbeing Escapes Ltd, registerd office at 3 Lonsdale Road, London, NW6 6RA. Company Registration Number 05198764.
The air holidays and flights on this web site are ATOL Protected by the Civil Aviation Authority (CAA). Our ATOL number is: ATOL6970. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk .
WellbeingEscapes acts as agents for the property owners, transportation companies, treatment suppliers which are featured on our web site or in our brochure. Once we make your package arrangements we do so as agents for the suppliers with whom we have a contract. Once your package arrangement has been confirmed by us we will accept responsibility for this arrangement based on the terms and conditions outlined below, and as “organizer” under the “Package Travel, Package Holidays and Package Tours” Regulations 1992. Please ensure that you fully read and understand the terms and conditions outlined below, as they outline both parties rights, responsibilities, and obligations.
1. Choose your arrangement
Your contact is with WellbeingEscapes, either by email or via phone. You can choose, or we will arrange the various package components as outlined on the web site. Bookings are on request and will be confirmed, subject to availability, within 24h pending receipt of confirmation by the suppliers. Before the booking is confirmed and a contract comes into existence we reserve the right, to increase/decrease published online/printed prices. The booking is confirmed as of the date the invoice is issued.
2. Payment/deposits
In order to hold your reservation a deposit of 25% of the total package cost per person is required at the time of booking or the sum of the flight, whichever is greater. Booking confirmation can occur either via online, e-mail, voice, or printed letter. If a booking is made within 60 days of departure full payment is required at the time of booking. A balance invoice will be sent to you approximately 70 days prior to departure. Full payment must be received no less than 60 days prior to departure. If full payment is not received we reserve the right to cancel the reservation and cancellation charges will apply. Payments can be made using American Express, Visa, MasterCard, Switch or Delta. If you pay by American Express a 2.0% credit card transaction fee will be applied. If paying by Visa/MasterCard, a 1.5% credit card transaction fee will be applied. If you wish to pay by cheque or bank transfer, we also need a valid credit/debit card to guarantee your booking. If we do not receive your cheque or bank payment within 4 days of confirming your booking, or in case the cheque is dishonoured by the bank, we reserve the right to charge your credit/debit card for the appropriate amount in addition to a £25.00 administrative fee. Once payments are received we will issue a confirmation receipt detailing the package components. Please review the invoice and notify WellbeingEscapes of any errors or changes. We can not accept any responsibility/liability of errors or inaccuracies, if we are not notified within 15 days confirmation invoice issuance. (Any booking for the Uma Paro in Bhutan requires a full payment at time of booking confirmation)
3. Travel information and documents
Approximately 10 days prior to departure you will receive your travel documents/hotel vouchers, and treatment itinerary by email. If you require your documents by post please advise us of this when booking. Airline tickets may be issued as e-tickets and you may only receive a receipt or itinerary document. Please ensure that you carefully check your documents for accuracy and completeness. Please contact us immediately if you feel something is inaccurate or missing.
4. Web site and brochure accuracy
We rigorously check the accuracy of our information supplied on our web site and brochures. In addition to our personal site inspections we relay heavily on information provided by the suppliers. If we have, through our own experience, or by having been informed by the suppliers, been made aware of changes to the transportation, property, treatment, etc we will ensure that our web site is updated to reflect the new information. We will also make sure you are aware of any known changes when you reach us via our call centre. If we are not aware of changes, however, we can not be held liable/responsible for any such changes.
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. Should the changes involve a reduction of your duration, we will offer you a refund of any applicable costs subject to receiving such refund from our supplier and under the condition that Wellbeing Escapes has booked, and collected the money for the flight.
5. Pricing guarantee
In today’s global economy, currency fluctuations, fuel price changes are frequent and unpredictable. We do our best to keep our prices constant as published. From time to time we may have to adjust our pricing to reflect significant currency changes, transportation companies imposed fuel surcharges and other unforeseen charges. WellbeingEsacpes strives to have all its prices on the web site updated and accurate. When you have accepted the price and the booking is confirmed and the deposit has been paid your price is guaranteed with the exception of charges outside of our control, i.e. taxes and compulsory charges introduced after your booking is confirmed but payment is mandatory.
6. Booking changes/cancellation by you
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking. If it is possible to make the change, it will be subject to an administration charge of £50 per booking, and payment of any further costs incurred as a result of the change. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge. It will not be possible to make any changes within 30 days of your scheduled departure date.
If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or significant reason, we agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both persons accepting liability for the full payment of the holiday cost and any additional costs arising from the transfer. This will also be subject to the package suppliers i.e. airlines and/or hotels approval. We must be given at least 21 days notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 21 days before departure.
If you or anyone on your holiday booking decides to cancel the holiday we must be notified of the decision in writing. The cancellation will take effect from the day the written confirmation is received. The following scale of charges will be payable depending on when the notification of cancellation is received.
Prior to 61 days, 25% of total holiday cost
60 – 30: 60% of total holiday cost
Less than 30 days: 100% of total holiday cost (including no show)
Where a flight cost has been incurred by Wellbeing Escapes at the time of booking, this will be added to the above cancellation charges.
We would strongly recommend that you take out full insurance, which will in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees.
7. Booking changes/cancellation by WellbeingEscapes
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We organize arrangements/packages long in advance using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On rare occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them significant changes we will do our best to advise you as soon as possible if there is time. A significant changes are considered to be one where there has been a change of resort, a change of accommodation to that of a lower category or price, a major treatment change, or, a change of flight time of more than 12 hours, and a change of departure airport, (except between London airports). Once we advise you of a significant change before your departure we will provide you with alternatives:
1. Accept the alternative offered (at additional cost if applicable).
2. Purchase another available holiday from us.
3. Cancel your holiday with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed below unless the change occurs as a result of circumstances beyond our control: Period before departure within which a major Compensation change is notified to you per person
More than 60 days: NIL
60 – 46 days: £10
45 – 31 days: £20
30 – 15 days: £30
14 – 8 days: £40
7 – 0 days: £50
No compensation will be payable if we cancel as a result of your failure to comply with our booking conditions in particular payment for your booking.
We reserve the right to cancel your package arrangements for any reason and in any circumstances. However we will not cancel your package arrangement within 61 days of departure unless it is for a reason outside our control (see Events out of our control). If we have to cancel your holiday we will offer you:
a) An alternative package arrangement of equivalent or of very closely similar standard and price, if available, or
b) Travel arrangements of a lower standard and a refund of the difference in price; or
c) A full refund of all monies paid.
Compensation as offered for ‘significant changes’ will also be paid. No compensation is payable if the package arrangement is cancelled because the number of persons who agreed 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 package.
8. Events out of our control
We can not take responsibility or liability to pay any compensation in the case of “force majeur” whereby package obligations on our behalf, either direct or via our agent responsibility can not be met. Force majeur under this condition means any event which we or the suppliers for whom we are the agent could, not even with every possible care, foresee resulting in not meeting the obligations. Such events may include but are not limited to war, threat of war, civil unrest, terrorist activity or threat, natural disaster, fire and similar occurrences outside our control.
9. Health/medical requirements
It is your responsibility to ensure that you have the necessary immunization, health documents for entry into countries outside the United Kingdom.
10. Passport and travel documents
Traveling to places outside the United Kingdom may require the possession of valid passports, appropriate entry Visas, and health documents. It is your responsibility to ensure that you have the proper and valid documentation. WellbeingEscapes can not accept any responsibility should you be denied access into a country. If failure to have any necessary travel or other documents results to fines, cost, cancellation charges, or any other penalties imposed to WellbeingEscapes, you will be responsible to reimburse those charges to WellbeingEscapes.
11. Travel advisories
If the Foreign Office issues and advisory that people should not travel to a particular country/region, we will act on this and reserve the right to cancel your booking. In case of such a cancellation a full refund will be issued to you subject to receiving such refund from the suppliers. We will make every effort to ensure that all paid funds are recovered, however we can not be held responsible/liable if such funds can not be recovered
12. Travel Insurance
We advise that you take out travel insurance. It is your responsibility to to ensure that the insurance cover you purchase meets your particular needs.
13. Curtailment
In the event that you cut short your holiday and return home early, we regret that we are unable to offer you any refund for the remainder of your holiday not completed, or assist with any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
14. Feedback/complaints
If a problem remains unresolved during your holiday, you should make a complaint in writing to WellbeingEscapes within 28 days of the completion of the holiday. Please remember to quote your package arrangement booking number. We will reply to you within 28 days of receipt of your letter. We certainly hope that we can settle any holiday complaints amicably, however, should this prove not to be the case you may refer any dispute relating to this contract to an Arbitrator appointed by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability for you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences, although claims which include an element of minor injury or illness can be considered subject to a limit of £1,000 on the amount the arbitrator can award per person, in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday.
15. Our commitment to you for your WellbeingEscapes arrangement
We act as agents for the owners of the holiday properties we feature ("accommodation supplier(s)"). When making your holiday arrangements, we do so as agents for the accommodation suppliers with whom you will have a contract. However if you book a package holiday through us, once your package holiday has been confirmed we will accept responsibility for it in accordance with these Booking Conditions as an "organizer" under the Package Travel, Package Holidays and Package Tours Regulations 1992. we will accept responsibility in the following manner
15.1 The air holidays and flights in this brochure are ATOL Protected, since we hold an Air Travel organiser’s Licence granted by the Civil Aviation Authority (CAA). Our ATOL number is ATOL6907. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.
15.2 Subject to (15.4) below, if any member of your party is killed or injured as a result of an activity forming part of your holiday arrangements booked before departure from the UK, we will accept responsibility if the death or injury is due to a fault on our part or that of our agents or suppliers. If any part of your holiday arrangements booked before your departure from the UK is not as described on the web site or in the brochure, or not of a reasonable standard, we will accept responsibility if this is due to a fault on our part or that of our agents or suppliers. We do not accept responsibility if any death, personal injury or failure of your holiday arrangements is not caused by any fault of ours, or our agents or suppliers, and is caused by you or someone not connected with your holiday arrangements. We do not accept responsibility if the death, personal injury or failure of your holiday arrangements, is due to unforeseen circumstances which, even with all due care, we, or our agents or suppliers could not have anticipated or avoided.
15.3 For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges).
We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of some days has been affected, we will refund reasonable related expenses and pay a daily
sum of compensation up to £50 per day per person affected.
15.4 If you or any member in your party is killed, injured or becomes ill as a result of transport by aircraft, ship, train or coach, our liability to pay compensation and/or the amount of compensation we will pay is limited in line with the Warsaw Convention (applies to transport by air), the Athens Convention (applies to transport by ship), the Berne Convention (applies to transport by rail) and the Geneva Convention (applies to transport by road). The terms of these conventions are incorporated into and form part of your contract with us. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions.
15.5 Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
15.6 We can not take responsibility for any services which do not form part of our contract. This includes, for example any additional services or facilities which the accommodation or other supplier agrees to provide for you, however, where the services and facilities are not advertised on our web site, or in our brochure and we have not agreed to arrange them.
15.7 If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organization responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make.
15.8 Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. WellbeingEscapes has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability will be limited in line with the conventions listed above (generally £35 per person).
16. Jurisdiction
This agreement shall be governed by English law and be subject to the exclusive jurisdiction of the English Courts
