Call us on Calling from the UK UK flag 01935 816920 Calling from the USA US flag 1-844-240-3979 Email: info@kiplingtours.com

Booking Terms & Conditions

All tours are operated by Kipling Tours Ltd, a Private Limited Company registered in England under company number 08895572 and trading as Kipling Tours. These Conditions set out binding obligations to each other which you should read before completing the Booking Form. Your tour itinerary must be seen as a statement of our intent. Unforeseen local factors may sometimes necessitate changes to the itinerary.  We accept your booking on the clear understanding that you accept this.

1  Booking and Payment Terms

1.1  After you have read and accepted the Conditions you must complete, sign and return the Booking Form to us together with your cheque or bank payment in respect of the Deposit. The balance of the Invoice Price will become due ninety days prior to the Departure Date. If the Booking Form is returned to us within ninety days of the Departure Date the Invoice Price as notified by us to you will be immediately payable.

1.2  As soon as we have your Booking Form which will establish the Contract between us we will forward to you our confirmation invoice with full details of the tour that has been booked.

1.3  If the Deposit or the balance of the Invoice Price (as the case may be) is not received by the due date shown on the Invoice or the date notified to you by us, we reserve the right to cancel the booking and to impose the cancellation charges set out in Condition 4 below.

1.4  If you are resident outside the United Kingdom we reserve the right to add a reasonable administrative charge to cover expenses incurred for overseas communications or correspondence with you or for arranging any other costs or expenses necessarily incurred (such as visas or couriers).

2  Kipling Tours Price Assurance

2.1  We reserve the right to increase or decrease the Tour Price and to impose surcharges after you have booked, at any time due to circumstances beyond our control (such as exchange rate movements, government imposed taxes, charges for permits or licenses), but we will not increase the Price within 30 days of departure (or within whatever period the Government may from time-to-time deem). Price increases and surcharges will be calculated according to the full extra cost compared to the costs and exchange rates which are stated on your quote. In any event we will absorb the first 2% of any such surcharge. 2.2  In the event of new legislation or regulations imposed by a regulatory body or if the circumstances in Condition 2.1 above operate we reserve the right to add to the Price such reasonable cost as may be necessary in our absolute discretion.

2.3  If pursuant to Conditions 2.1 and 2.2 above it is necessary to increase the Price we shall endeavour to limit such increase to no more than 10% of the Invoice Price. Any increase to the Price which exceeds 10% of the total tour cost will entitle you to cancel your tour and receive a full refund.

3  Insurance

3.1  It is a condition of our acceptance of the Booking Form and therefore the Contract entered into by you and accepted by us that all tour members are fully insured in respect of the risks set out below in this Condition 3.1  It shall be your responsibility to ensure that all tour members are properly insured in accordance with this Condition 3. The risks that appear below are set out for your consideration only and are not intended to be exhaustive and you are strongly advised to seek advice from your insurance broker and/or insurance company for the purpose of this Condition 3:

3.1.1 medical treatment and repatriation;

3.1.2 cancellation and/or curtailment of the tour;

3.1.3 loss or theft of personal effects;

3.1.4 hospital benefits;

3.1.5 personal accident;

3.1.6 personal liability;

3.1.7 travel delay;

3.1.8 emergency rescue;

3.1.9 legal expenses;

We are an Appointed Introducer for Insurance Brokers Campbell Irvine Ltd 52 Earls Court Road, London W8 6EJ.  A full policy wording and details of premiums are available from us on request.

3.2  It is a condition of the Contract that you send us a copy of the policy effected in relation to the tour together with such other evidence of your insurance as we may reasonably require. For the avoidance of doubt any policy of insurance which you take out must cover in full the Tour Price and the cost of emergency rescue.

3.3  You agree to indemnify and hold harmless Kipling Tours Ltd, its directors, employees, servants and agents from and against and in respect of any and all liabilities, losses, damages, claims, costs and expenses (including but not limited to action costs and demands for loss or damage direct, indirect and consequential) arising out of or in any way connected with your failure to comply with this Condition 3.

4  Your Tour Cancellation

4.1  If you wish to cancel your tour your request for cancellation must be given in writing. To compensate us for administrative charges and other expenses in dealing with your cancellation, cancellation fees on the scale set out below will be charged:

Cancellation more than 90 days before departure – loss of deposit Cancellation 60 – 90 days before departure – 60% of the total Price Cancellation 30 – 59 days before departure – 80% of the total Price Cancellation less than 30 days before departure – 100% of the total Price

5  Unused Services

5.1 .  No refunds can be made for unused services including but not limited to meals, accommodation, theatre visits, museum visits and transportation missed by group members for any reason once the tour has started.

6  Misconduct on Tour

6.1  In the event that your group members commit acts of misconduct during the tour, you undertake to indemnify and hold harmless Kipling Tours Ltd, its directors, employees, servants and agents and all other persons on your holiday from and against and in respect of any and all liabilities, losses, damages, claims, costs and expenses (including but not limited to actions, costs and demands for loss or damage direct, indirect or consequential) arising out of or in any way connected with the acts of misconduct. Acts of Misconduct include damages caused deliberately or by carelessness to either our property or that of our suppliers.

7  Kipling Tours Obligations

7.1  We accept responsibility for ensuring that the tour booked with us is as close as possible to the itinerary supplied to you. You accept and understand that it may be necessary to adjust and amend the itinerary due to local factors and that the final decision for this will be made by the group leader.

7.2  If we have to cancel a tour because of Force Majeure or local unrest or because of a Foreign and Commonwealth Office travel warning we will offer you two options:

–              An alternative tour on the same dates at no additional cost.

–              A full credit for the same tour at a time when the travel directive is appropriate.

8  Your Obligations

8.1 You undertake:

8.1.1  to notify us in writing if any member of your group you is suffering (or has suffered) from any medical condition of whatsoever nature that could affect their physical condition to the extent that on proper medical grounds or advice it would be imprudent to join or participate in the tour you have booked with us.

9. Privacy and Data Protection

9.1  It is a condition of the Contract that you enter into our Data Processing Agreement, a copy of which is provided with these Conditions.  The Data Processing Agreement forms part of the Contract.

9.2  All personal data (as defined in the Data Processing Agreement) provided to us in connection with your booking and the Contract shall be held and processed by us in accordance with the Data Processing Agreement and our Privacy Policy, a copy of which is available on request or at [www.[DETAILS]].

10  Force Majeure

10.1  If by any reason of any event of Force Majeure we shall be delayed in or prevented from performing the Contract and/or from complying with any of the Conditions, the such delay or non-performance shall not be deemed to be a breach of the Contract and/or the Conditions and no loss or damage shall be claimed by you from us by reason thereof.

10.2  Should the exercise of rights and obligations under the Contract and/or the Conditions be materially hampered, interrupted or interfered with by any reason of any event of Force Majeure then our obligations shall be suspended during the period of such hamper, interference or interruption and shall be postponed for a period of time equivalent to the period or periods of suspension. We will use our best endeavours to minimise and reduce any period of suspension occasioned by any of the events aforesaid.

11  Complaints Procedure

11.1  If you have a complaint about your tour you are required to confirm details of any such complaint or problem in writing supported by appropriate evidence relating to that complaint within 28 days of returning from the tour in question. For the avoidance of doubt we will not accept any liability or deal with any claims that are received by us later than 28 days after your return from your tour.

12  General

12.1  The Conditions and Contract constitute the entire understanding and contract between the parties with respect to the subject matter thereof.

12.2  The Conditions may not be amended or varied unless agreed in writing by one of our duly authorised officers.

12.3  Any notice required or permitted to be given by one party to the other shall be in writing addressed to that other party at its registered office or principal place of business or such other address on the Booking Form as may have been previously notified in writing to the party giving the notice.

12.4  Any waiver or failure on our part to require strict compliance with the Conditions and/or the Contract in any respect shall not be deemed to be a waiver of our rights to insist upon strict compliance in any other respect or thereafter in the same respect.

12.5  If any provision in the Conditions is held by any competent authority to be invalid or unenforcable in whole or in part, the validity of the other Conditions and the remainder of the provision in question shall not be affected thereby.

12.6  Unless the context otherwise requires, words importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders.

12.7  When you travel in the air or on water the carriers’ conditions of carriage will apply to your journey. For further information on conventions concerning international journeys and conditions of carriage you are advised to consult the relevant airline or sea carrier.

13  Governing Law and Jurisdiction

13.1  The Conditions and the Contract shall be governed by English law and shall be deemed to have been made in England.

13.2  The parties hereby submit to the exclusive jurisdiction of the High Court of Justice in England (or as appropriate according to the nature of the dispute the Dorset County Court) in relation to any dispute arising out of or in connection with the Conditions and/or the Contract and hereby agree for the purpose of such dispute that any process may be served at the address or addresses and in the manner provided for in Condition 12.3 above.