These Booking Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Rabbie’s Solutions LLP, 6 Waterloo Place, Edinburgh, EH1 3EG, company number SO304470 (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
PLEASE NOTE: We act in the following capacities, as Package Organiser in the sale of a Package and as an Agent.
Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see condition 19 for further details of where this will be the case) or as a booking agent to help you arrange or book holiday products sold by a third party tour operator/suppler (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:
SECTION A - APPLICABLE TO ALL BOOKINGS
Booking & Paying For Your Arrangements
Bookings can be made through our website at www.rabbies.com, by telephone, in person at our booking office or by contacting us by email at tours@rabbies.com
A booking is made with us when you pay us a 20% deposit (or full payment if you are booking within 3 months of departure) and we issue you with a booking confirmation either directly from ourselves or on behalf of the Supplier/Principal, where we are acting in an agency capacity (please see Section C for further details).
A binding contract will come into existence between you and the Supplier/Principal (where we are acting as agent) or between you and us as soon as we have issued you with a booking confirmation. This booking confirmation will confirm the details of your booking and will be sent to you. If your booking 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.
Please note, we reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days (unless notified otherwise at the time of your booking) prior to scheduled departure when you make a Package booking with us, where we are Package Organiser and/ or as specified by the Supplier/ Principal in their booking terms and conditions where we act as agent. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you and in which case the cancellation charges set out in either Section B or Section C below, as applicable, will become payable.
Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Insurance
Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Pricing
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see condition 19 for further information.
Force Majeure
Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal where we are acting as agent) 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, the Supplier/Principal or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request 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 do not accept bookings that are conditional upon any special request being met.
Disabilities and Medical Problems
It is your responsibility to ensure that you are fit to travel on the departure date. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us (or the Supplier/Principal where we are acting as agent) with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Entry Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 10 weeks before your arrangements. 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.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).
For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, 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 entry passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the transport supplier concerned immediately.
Holidays that include Rail Travel
We do not offer flights and we are not responsible for any flight you may otherwise book. In the event that you make such booking, please read your flight terms and conditions carefully. You may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Contact your airlines or the third party you made a flight booking with for more information.
Foreign, Commonwealth and Development Office Advice
You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force
Majeure. (See condition 5).
Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as agent) or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or the Supplier/Principal reserve the right to terminate your booking with us immediately. In the event of such termination our liability (or the Supplier/Principal’s where we act as agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by Scottish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Scottish courts only. You may however, choose the law and jurisdiction of England and Wales or Northern Ireland if you live in those places and if you wish to do so.
Excursions
Excursions or other arrangements that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other arrangement that you book, your contract will be with the operator of the excursion or arrangement and not with us. We are not responsible for the provision of the excursion or arrangement or for anything that happens during the course of its provision by the operator.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Refusal of Travel
We, along with our suppliers or our supplier’s staff, reserve the right to refuse to carry any person if we find it appropriate to do so. If you have any concerns regarding other travellers during your holiday, please contact your Rabbie’s representative immediately. Failure to do this may affect ours and the applicable supplier’s ability to address your concerns.
In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.
Luggage
As we operate our holidays in mini-coaches our luggage space is limited and we operate under strict legal weight regulations for safety reasons.
Unless otherwise notified, passengers are restricted to one medium sized suitcase/bag similar to airline standard carry-on luggage, with a maximum weight of 14kg (31lbs) or 20kg (44lbs).
As a guideline, the dimensions should be approximately 55cm x 45 x 25 (22ins x 17 x 10). You can also bring a small, lightweight bag for personal items to carry with you on the vehicle.
On our Europe holidays, you're allowed up to 20kg (44lbs). This may consist of a small bag for on-board personal items and a larger suitcase or rucksack.
As this is a legal requirement, we reserve the right to refuse to carry luggage over this weight/size and may refuse travel for passengers who do not have arrangements in place to store excess baggage.
Please see our FAQs for information on luggage and storage facilities.
Luggage is carried free of charge but at the passenger's own risk. It is the passenger's responsibility to ensure that luggage is fit for travel, i.e sturdy and waterproof. Travellers have to be able to lift their own luggage. You may have to carry your bag to and from your accommodation.
Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
Promotional Codes
We (or third parties on our behalf) may from time to time issue promotional codes for use in booking our holidays, which may provide a discount on the price of your booking. Promotional codes shall be valid only during the dates stated (and for the holidays/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes are not redeemable for cash and may be withdrawn by us at any time, at our discretion. Promotional codes may not be used in conjunction with any other offer. All holidays are subject to availability.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see condition 19 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
Definition of a Package
Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018, as amended (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:
Pricing Where We Act As Tour Operator
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed package holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another package holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your package holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee. The administration fee will be based on our costs to make such change and will be confirmed to you before such administration is carried out. 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.
Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for 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.
If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes may be subject to payment of an administration fee of 10% of the total cost of the package holiday, up to a maximum of £200 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with condition 23.
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:
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 condition 23 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges based on the holiday booked as follows:
|
Package Holidays |
|
|---|---|
|
Period before tour date in which you notify us |
Cancellation Charge |
|
More than 13 weeks / 91 days before departure |
Deposit only |
|
Between 90 and 65 days before departure |
20% of package holiday price |
|
Between 64 and 35 days before departure |
70% of package holiday price |
|
Less than 35 days before departure |
100% of package holiday price |
|
In the event of ‘no show’ |
100% of package holiday price |
|
Extended Tours (UK & Ireland): Two to Nine Day Tours Please note, the terms may change if certain providers have different cancellation charges and the below figures are a guide only. Cancellation terms will be confirmed to the customer before bookings are confirmed. |
|
|---|---|
|
Period before tour departure in which you notify us |
Cancellation Charge |
|
More than 15 days before departure |
10% price |
|
Less than 15 days before departure |
100% of package holiday price |
|
In the event of ‘no show’ |
100% of package holiday price |
|
Extended Tours (UK & Ireland): 10+ Day Tours |
|
|---|---|
|
Period before tour departure in which you notify us |
Cancellation Charge |
|
More than 21 days before departure |
10% price |
|
Less than 21 days before departure |
100% of package holiday price |
|
In the event of ‘no show’ |
100% of package holiday price |
|
Extended Tours (non UK & Ireland): |
|
|---|---|
|
Period before tour departure in which you notify us |
Cancellation Charge |
|
More than 42 days before departure |
10% price |
|
Less than 42 days before departure |
100% of package holiday price |
|
In the event of ‘no show’ |
100% of package holiday price |
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
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, Commonwealth and Development 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.
This condition 23 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: We shall do everything reasonably possible to provide your tour and/or services as planned. However, we reserve the right to alter all routes, schedules, itineraries, attractions, accommodation, services and modes of transport where required to do so. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date and will endeavour to provide alternatives of a similar standard, nature and/or value. Examples of minor changes include change of accommodation to another of the same or higher standard.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A significant change to your itinerary, missing out one or more destination entirely.
In the unlikely event that we are required to significantly alter a material part of your tour, we will notify you as soon as possible in order to enable you to decide how you wish to proceed. In any such event you will be entitled to:
take an alternative tour of equivalent or superior quality, if we are able to offer that, or
take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or
cancel your booking and obtain a full refund of all monies paid by you.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
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.
Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact feedback@rabbies.com
If the problem cannot be resolved and you wish to complain further, you must send an email of your complaint to feedback@rabbies.com, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this condition may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your final itinerary document and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your final itinerary document and the information we provided to you regarding the services prior to booking.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) 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 unforeseeable or unavoidable; or
Force Majeure (as defined in condition 5).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this condition:
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.
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.
Claims in respect of international travel by 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 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 EC 261/2004 (denied boarding and flight disruption), 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.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the final itinerary document and the information we provided to you regarding the services prior to booking 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 in respect of any claim for damages or compensation whatsoever 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
(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) 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.
(8) 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;
relate to any business;
indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(10) 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 condition, “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.
Insolvency Protection
Package Holidays for UK Residents:
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Rabbie’s Solutions LLP, ABTOT number 5382, and in the event of their insolvency, protection is provided for the following:
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings are only protected by ABTOT when purchased directly with Rabbie’s Solutions LLP.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
Package Holidays for Irish Residents:
Irish Total Payment Protection (topp) Policy cover:
In compliance with The Package Holidays and Travel Trade Act 1995 (Republic of Ireland), an insurance policy has been arranged with Arcus Solutions, to protect Republic of Ireland customers’ prepayments in the unlikely event of our financial failure, and paid in respect of:
for:
a refund of such prepayments if customers have not yet travelled, or
making arrangements to enable the package holiday to continue if customers have already travelled
repatriation of customers as may be applicable, subject to the terms of the insurance policy.
In the unlikely event of financial failure please contact the claims helpline on +44 (0) 1702 811397. A copy of the policy is available on request.
This policy is provided by:
Arcus Solutions – 3 Cours Charlemagne, 69002 Lyon – SARL au capital de 1 000€ – Téléphone: +44 (0) 207 065 5300. www.arcus-solutions.fr
RCS de Lyon n°853 774 529 – Code APE n°6622Z – ORIAS n°19006898. Le registre des intermédiaires d’assurances est tenu à jour par l’ORIAS disponible sur www.orias.fr
Entreprise régie par le Code des Assurances et soumise au contrôle de l’ACPR – 4 place de Budapest, CS 92459, 75436 Paris Cedex 09
RC Professionnelle et Garantie Financière conformes aux articles L. 512-6 et L. 512-7 du Code des Assurances
This policy is underwritten by
Accelerant Insurance Europe SA registered and authorised by the National Bank of Belgium and regulated by the Financial Services and Markets Authority (Ref. 3193), Acting in Ireland under Freedom of Services.
You can see our Topp certificate [here].
If you book arrangements other than package holiday from us, for example a single service booking or a linked travel arrangement with Rabbie’s (Ireland) Limited or Rabbie’s Trail Burners Limited, your monies will not be financially protected. Please ask us for further details.
Prompt Assistance When We Act As Package Organiser
If, whilst you are on your package holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
SECTION C: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.
Your Contract with the Supplier/Principal
Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation provider/attraction provider) of your chosen travel arrangements, as specified in your confirmation invoice.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
Payment
Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.
Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements.
The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, we reserve the right to charge you an administration fee per booking for any amendments and/or cancellations to your booking. The applicable and exact administration fee will be notified to you at the time of amendment or cancellation.
Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Complaints
Because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
Financial Protection
Package holidays which we sell to you where we act as an agent, will be protected by the financial protection organised by the package organiser (which will be the Supplier/Principal), as set out in their booking terms and conditions.