- ii) Full Payment
Required before 5 days of departure and immediately for all tours listed as “On Request”. This increases to 90 days for Cruises to the Galapagos and Antarctica or Tailor-made Tours, however during high seasons or high occupancy this deadline may be brought forward even after you have booked.
iii) Local Payment
Local Payment is the remaining portion of the total cost that is required in “EGP” in full on the Package departure date as advertised on our website. For Packages in Europe the Local Payment is required in “Euro cash” in full on the Package departure date as advertised on our website.
- iv) Charges
A change of tour price, client name, departure date and/or Package per person per Package or any other administrative charge: EGP200
A change to Extra Services per booking: EGP250. Extra Services may be added up to 30 days before departure without charge if available.
- c) Flights
All flights purchased in addition to or in conjunction with any Package must be paid in full at the time of booking and are non-refundable.
- d) Contract
The contract is made between TalesGator and the client, being all persons named on the booking as travelling or intending to travel through TalesGator. The person making the booking (which is subject to these conditions) warrants that they have full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions.
To secure a booking and contract, TalesGator requires a non-refundable deposit or full payment as required in Clause 1b per person per Package. This payment is deemed to be confirmation that the client has read and accepts these TalesGator Conditions. Clients booking through a travel agent or telephone, email or online will be deemed to have read these Booking Conditions and accepted them. A booking is confirmed and a contract between you and TalesGator exists when TalesGator issues an invoice. Errors or omissions on the invoice made by TalesGator may be subsequently amended after advising the client in writing.
TalesGator reserves the right to decline any booking at our discretion.
For International bookings: If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
2. Payment of Packages
The balance of all monies due, including any surcharges applicable at that time, must be paid according to Clause 1b. In the case of non-payment of the balance by the due date, TalesGator will treat the booking as cancelled by the client and apply the appropriate cancellation charges.
Full payment is required for all Packages listed as “On Request” at the time of booking and these are subject to the cancellation terms in Clause 5a. When a Package is listed as “On Request”, TalesGator needs several business days to ensure that all of the components of the Package can be confirmed. You will be notified when the Package is confirmed and you should only then book other tour services like international flights once this has been done. If your “On Request” Package cannot be confirmed, you will receive a full refund.
Local Payment plus any local surcharges must be paid on Day 1 in EGP in the destination of travel or as instructed in the documentation or by local staff. For Packages in Europe and Cuba this must be paid in “Euro cash”. Failure to pay will result in the client being excluded from the Package without refund. These payments are non-refundable for any unused elements of the Package. Refer to Clause 6 for further details.
For UK bookings: Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
- a) Changes by You
Any request by the client to change from one Package to another or change the departure date of their chosen Package must be made in writing by the person who made the original booking. The Client will forgo any previous price promotions they may have attained when making the new booking. The new Package price will be based on the current published price found on our website on the date the change was requested. The client may qualify for current price promotions should they apply. Administration Charges as in Clause 1b will apply and any additional deposits. Should the change be requested once full payment is due, cancellation charges apply as in Clause 5.
- b) Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
- b. we are notified not less than 7 days before departure;
- c. you pay any outstanding balance payment, an amendment fee per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- d. the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 4 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
- c) Changes by Us
While TalesGator will use its best endeavours to operate all Packages as advertised, by entering into this contract the client accepts that it may prove necessary or advisable to vary or modify a Package itinerary or its contents due to prevailing local conditions. TalesGator reserves the right at any time either before or during a Package to cancel or change any of the facilities, services or prices described (including flights, transport, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes. Occasionally, Group Tours clients may be separated into different transport and hotels depending on local conditions and availability at the time of booking or travel.
Some trekking and cruise Packages are operated by specialist tour operators and some tours to unique destinations are operated by trusted partners, for example tours in Iceland, Morocco and North America. You will be notified of the trusted tour operator on your confirmation invoice and with final documentation. Your contract will still be with TalesGator.
If a significant change becomes necessary, TalesGator will inform the client as soon as reasonably possible if there is time before departure. The definition of a significant change will depend on the individual Package and circumstances and is at the sole discretion of TalesGator. When a significant change is made the client will have the choice of:
- accepting the change of arrangements;
- purchasing another available Package of a comparable or higher standard from us, if available (at no extra cost);
- if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements; or
- cancelling the Package and obtaining a full refund of all monies paid.
4. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include war, threat of war, terrorist activity, riot, civil strife or industrial dispute; natural or nuclear disaster, disease, fire or adverse road, river or weather conditions; technical, maintenance or compliance problems with local transport or TalesGator vehicles; changes imposed by cancellation or rescheduling of flights by an airline or main charterer, the alteration of airline or aircraft type; or any other similar events beyond the control of TalesGator. TalesGator is not liable for any penalty charges associated with non-refundable airfares, in the event of a change to a Package departure time, date or airport.
- a) Cancellation by You
The client may cancel the booking at any time provided that the cancellation is communicated to TalesGator in writing even if verbal notification of an intention to cancel has been given. Cancellation charges will be applied as shown below calculated from the day written notification is received. Cancellation charges are in addition to any insurance, flight or similar service provided plus any additional charges in Clauses 1 & 6. If the reason for cancellation is covered by your insurance policy, you may be able to reclaim these charges. No refunds will be made for any services not utilised.
The date used for calculating cancellation charges is the date from which the Package within the booking commences.
Group Tours or Extra Services;
- 6 days or more: forfeit of all deposits.
- 5 days: 50% of full payment.
- 4 days or less: 100% of full payment.
Cruises to the Galapagos and Antarctica or Tailor-made Tours;
- 90 days or more or as advised in Clause 1b: forfeit of all deposits.
- 89 days or less: 100% of full payment.
Cancellation by You due to Unavoidable & Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
- b) Cancellation by Us
TalesGator reserves the right to cancel a Package in any circumstances but, except for Force Majeure or the client’s failure to pay the final balance or one of the conditions detailed in Clause 5, will not cancel a Package less than 3 days before departure. Unless the client fails to pay the final balance TalesGator will, upon cancellation, return all monies paid excluding payment for travel insurance, flights, similar services and administration charges or offer an alternative Package of comparable standard.
TalesGator sets its own minimum numbers for Group Tours based on logistics and will operate tours once minimum numbers have been reached. A number of departure dates are guaranteed to depart and will generally operate regardless of whether minimum numbers have been achieved unless it is for safety or operational reasons. On occasion a tour may continue to operate with only one or two people. Where minimum numbers have not been achieved, TalesGator may choose to either operate the Group Tour or cancel the Group Tour. Where we choose to cancel the booking, we will let you know no later than:
- (i) in the case of trips lasting more than 6 days, 20 days before the start of the Package;
- (ii) in the case of trips lasting between 2 and 6 days, 7 days before the start of the Package;
- (iii) in the case of trips lasting less than 2 days, 48 hours before the start of the Package.
If we have to cancel your booking in accordance with this clause, 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:
- (i) having a refund of all monies paid; or
- (ii) if available, accepting an offer of alternative travel arrangements of a comparable or higher standard from us (at no extra cost); or
- (iii) if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
- (i) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- (ii) If we cancel your booking and no alternative arrangements are available.
If we cancel or make a major change to your holiday less than 28 days before departure, we will pay you compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
- If cancelling more than 28 days before departure: A full refund of monies paid but no further compensation.
- If cancelling between 27 – 14 days before departure: A full refund of monies paid and a 5% discount on the current price published online (excluding Local Payment) of a similar replacement Group Tour (see below).
- If cancelling within 13 days of departure: A full refund of monies paid and a 10% discount on the current price published online (excluding Local Payment) of a similar replacement Group Tour (see below).
Notes: Refunds and discounts referred to here apply only to Group Tours cancelled within 28 days as a result of failure to achieve minimum numbers. A replacement may be any Group Tour operated by TalesGator up to the value of the original Group Tour booked. Refunds and discounts apply to the cost paid for the land Package only and exclude Local Payments, surcharges, Extra Services, insurance premiums and administration charges.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- a) where we make an insignificant change;
- b) where we make a significant change or cancel your arrangements more than 3 days before departure;
- c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
- e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- f) where we are forced to cancel or change your arrangements due to Force Majeure (see Clause 4);
- g) where we cancel your booking as a result of a failure to achieve minimum numbers for your tour and we notify you within the time periods stipulated in this clause.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
6. Prices and Surcharges
All prices published are “from” prices. TalesGator sells Packages with variable pricing based on availability, exchange rates, operational costs, travel seasons and years. Correct prices are published on the TalesGator website and are valid at the booking date. Any promotions cannot be backdated and are only available when the client makes the booking and pays the deposit. Holding an “option” to book does not guarantee the price, if it subsequently changes, until the client makes the booking and pays the deposit.
Loyalty Discount – The 5% Loyalty Discount can only be used on direct bookings with TalesGator only and is not valid on Tailor-made tours. Travel agents may provide their own loyalty schemes at their discretion.
Local Payments (and tipping kitties on some Packages) are also variable pricing based on exchange rates, operational costs, travel seasons and years. Correct prices are published on the TalesGator website and are valid at the booking date. Any promotions do not apply to the Local Payment portion of the Package cost.
TalesGator reserves the right to impose surcharges on any Package if the increase in price is more than 2% for reasons arising from
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of dues, taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, such as landing taxes or embarkation or disembarkation fees at ports and airports; or the exchange rates used to calculate your arrangements relevant to the Package. If the surcharge is equal to or greater than 10% (7% in Canada) clients will be given the option to cancel the booking with a full refund within seven days of being notified of the charge.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee as in 1b)iv). 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.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
The above conditions do not apply in the following circumstances:
- a) In the event of local flight cancellations, overbooking or rescheduling of departure days and times, TalesGator reserves the right to pass on any extra costs to the client. In such cases, the client will have the choice to wait for the next available scheduled flight and miss some tour services included or pay any additional costs associated with upgrades or chartering aircraft as a substitute by way of local surcharges.
- b) Increased costs of permits or entry charges for the Inca Trail Trek, Machu Picchu, Lares Trek, Gorilla Trek, Game Park, National Parks or similar entrance charges to tourist sites and associated operating costs will be passed to the client by way of local surcharges as the increases occur.
- c) Fuel surcharges due to increases in fuel costs for Flights, Cruises to the Galapagos and Antarctica or TalesGator vehicles may be applied and invoiced in advance of your departure if there is adequate time to do so. Fuel surcharges may only be known within a limited time before the departure date and are dependent on world and local fuel prices. Any fuel surcharge applied must be paid in full either in advance or by way of local surcharges as advised, failure to pay will result in the client being prevented from joining the Package without refund.
7. Travel Insurance, Altitude and Horse Riding
Travel insurance is mandatory for all clients travelling with TalesGator. We highly recommend that you purchase your insurance policy at the same time as you book your tour as you will then be covered for Cancellation and Curtailment before your travel begins. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the Package and loss of Package monies through cancellation or curtailment of the Package for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities available during their Package whether included in the cost by TalesGator or otherwise. The travel insurance cover automatically provided with credit card purchases does not provide adequate cover as standard. Proof of adequate insurance will be requested at the start of your Package, failure to provide this will result in the client being prevented from joining the Package without refund.
Altitude Sickness: All clients warrant and accept that there is a chance they may get some form of altitude sickness on itineraries that generally travel to altitudes over 2,400 metres though TalesGator will not expose clients to any undue risk of altitude sickness. TalesGator tour leaders, staff and local suppliers working at higher altitudes will have some level of knowledge and / or training on how to help and advise you. Please read the information contained to ensure you understand the risks and what to do in this event.
Horse Riding: All clients wishing to participate in horse riding or similar activities, whether included or optional, acknowledge that the availability of protective headgear can vary or be non-existent. Therefore TalesGator cannot guarantee that headgear will be provided or will be to the same standard as those available in the USA or your home country. Any client intending to partake in these activities should bring their own protective headgear and other protective equipment with them.
8. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
9. Age, Fitness and Participation
All clients are expected to satisfy themselves prior to booking that they are ﬁt and able to complete the itinerary of their chosen Package as described by TalesGator. At the least, clients are expected to be able to carry their own luggage over short distances of up to 15 minutes’ walk and up several flights of stairs if required. Our hotels generally do not have concierge or porter services. Clients are also expected to accept that the Packages described are “Adventure Travel” and that travel around and facilities in developing countries will not be of similar standards which they may be accustomed to at home. We do not provide luxury travel. Those aged 16 and 17 years are accepted on some Group Tours and most Tailor-made Tours, Cruises to the Galapagos and Antarctica and Extra Services operated by TalesGator at our discretion provided they are accompanied by a parent or guardian who accepts full responsibility for them. Some excursions including but not limited to the Inca Trek, Lares Trek and Gorilla Trek have other age limits set by companies or bodies separate to TalesGator. The “Adventures for 20’s to 30’s” tours are limited to those aged between 18 and 39 years, however occasionally TalesGator may authorise clients outside these ages to travel if they meet certain criteria. TalesGator reserves the absolute right to decline a booking at our discretion.
Clients agree to accept the authority and decisions of employees, tour leaders and agents whilst on Packages with TalesGator and our trusted partners. If in the opinion of such person the health or conduct of a client before or after departure appears likely to endanger the safe, comfortable or happy progress of a Package the client may be excluded from all or part of the Package. In the case of ill health, TalesGator may make such arrangements as it sees ﬁt and the associated total costs of these arrangements including expenses of TalesGator must be paid for by the client.
If a client is excluded as above or chooses to leave of their own free will or leaves due to ill health or any other reason there will be no refund of the Package price, Extra Services, surcharges, Local Payment or any local surcharges. All services forming part of the whole Package booked will be forfeit though may be recoverable through the client’s travel insurance in some circumstances.
10. Local Laws
All participants in Packages operated by TalesGator and our trusted partners are expected to obey the laws and regulations of the countries visited.
11. Illness or Disability
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Package. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the Package in which case all monies paid will be forfeit. See Clause 9 for further information.
12. If you have a Complaint
If the client has a complaint about any of the Package arrangements the client must bring it to the attention of the tour leader or other representative of TalesGator or its suppliers at the time so that they may use their best endeavours to rectify the situation. It is only if TalesGator is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the client’s ability to claim compensation from TalesGator or its suppliers being extinguished or at least reduced. Should the problem remain unresolved a complaint must be made in writing to support@TalesGator.com within 28 days of the completion of the Package or all claims for compensation will be forfeit. TalesGator will endeavour to acknowledge correspondence within 14 days of receipt, and to provide a detailed response to any letter of complaint within 28 days of receipt.
13. Our Responsibilities & Liability
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” of a Package and as such, we are responsible for the proper provision of all travel services included in your Package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the acts and/or omissions of the person affected; or
- the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
- Force Majeure (as defined in clause 4).
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- a) Loss of and/or damage to any luggage or personal possessions and money:the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
- b) Claims not falling under (a) above and which don’t involve injury, illness or death:the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
- The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
- 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.
4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- which 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
- relate to any business.
7) Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
FOR THOSE BOOKING FROM CANADA:
TalesGator makes arrangements with independent contractors such as airlines, transfer operators, hotels & other suppliers that provide the services that clients purchase. Although we are careful when selecting these suppliers, they are all independent parties and TalesGator has no control over them and is not responsible for their acts or omissions. Services provided by these independent parties are subject to applicable Provincial travel industry acts and the regulations thereunder, together with all applicable conditions imposed by the independent parties and their liability is limited by the tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements.
TalesGator is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the independent parties, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than TalesGator.
TalesGator liability for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the Package and any services purchased by the client. TalesGator will also deduct any amount which a client receives or is entitled to receive from any supplier of services in relation to the complaint or claim in question from any amount owing by it
14. Optional Excursions and Activities
TalesGator and our tour leaders and representatives may provide you with information (before departure and/or on tour) about optional activities and excursions which do not form part of your pre-booked Package and which are available in the region you are visiting. TalesGator has no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent and they may or may not have their own public liability insurance. They do not form any part of your contract with TalesGator even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a tour leader or representative collects payment for, attends and / or completes, or otherwise assists in booking any such activity or excursion for you, we and the tour leader or representative act solely as a booking agent for the local operator or provider of the activity or excursion with whom you will have a direct contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in Clause 13 of our booking conditions will not apply to them. We do not guarantee that any optional activity or excursion mentioned will be available to book during your Package and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
15. Flight Bookings
TalesGator will use its best endeavours to ensure that all flight prices and pre-paid taxes are correct at the time that they are quoted. Airlines reserve the right to amend or withdraw fares without prior notice. The fare can only be guaranteed when the flight booking has been paid for in full by TalesGator and a ticket has been issued. Flight bookings are non-transferable. Occasionally airlines cancel or reschedule flights and we may need to contact you to advise the changes or make alternative arrangements. This is beyond the control of TalesGator and any additional charges must be paid by the client.
In order to process bookings TalesGator is required to collect certain personal details from you. We have a lawful basis to retain personal information when bookings are made. These details will usually include the names and addresses of party members along with passport details, credit / debit card or other payment details and special requirements such as those relating to any disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information. Personal booking information is captured securely and will not be stored for longer than necessary. We may therefore delete your personal information after a reasonable and responsible period of time.
Personal and insurance information will be collected from all clients at the onset of your Package. Once you have travelled with TalesGator, you will be asked to complete a client questionnaire where we will collect further details about you and the tour you travelled on. You may also be asked to review your tour on trusted review websites or we may share these reviews (from which your personal details will be withheld) with trusted review websites on your behalf.
We may disclose your personal information to the following third parties some of which are based outside the European Union for the purposes of our operation, these may include, without limitation:
- Mailing houses
- Payment processors
- Overseas tour companies or travel service providers
- IT systems administrators
- Electronic network administrators
We must pass some information on to the relevant suppliers of your travel arrangements (airlines, hotels, transport companies etc.). Where we disclose your personal information to overseas third parties, we require that they maintain appropriate standards of confidentiality and implement the correct security measures. Such suppliers may be outside continental Europe if your holiday is to take place or involve suppliers outside these countries. The information may also be provided to security or credit checking companies, public authorities such as customs / immigration if required by them, or as required by law.
We only use personally identifiable data for the purpose or service that it has been submitted. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and you will always have the opportunity to opt-out or manage your preferences. To unsubscribe from an e-newsletter, or update your preferences, you can follow the prompts that are published at the end of each newsletter or you can reply to the newsletter asking to be unsubscribed.
TalesGator reserves the right to update these booking conditions at any time and publish any updates on our website. All updates take effect immediately after being published on our website from the Issue Date as shown below on those amended conditions. Bookings Conditions may vary according to your country of booking. It is recommended that all clients consult our website at the time of booking and download a copy of these conditions as it will be assumed that all clients have agreed to any amendments at the time of booking and by paying the deposit or full payment.
Issue Date: 4 SEPTEMBER 2019