NORTHERN SECRETS LIMITED – TERMS AND CONDITIONS
1. INTRODUCTION AND DEFINITIONS
1.1 These terms of business ("Terms") should be read and construed in conjunction with the Booking Form. Where there is any inconsistency between the Terms and the Booking Form, the latter will prevail.
1.2 In these Terms, the following words and phrases shall (where the context admits) have the following meanings:
“Company” means Northern Secrets Limited (Reg. Comp. No. 07211552) and any subsidiary businesses should be considered as separate and distinct legal entities (details can be obtained from your contact director at The Company and will be supplied on request);.
"Booking Form" means a letter or other document (however described) enclosing or referring to the Terms and recording our engagement by you for the purpose of delivering the Services together with and duly varied by any other letter, document or terms that (with the agreement of the Parties) supplement or otherwise vary the provisions of the first mentioned letter or other document;
"Parties" means you and the Company;
"Services" means the services, related to tours of Northern England provided or to be provided by us in accordance with the Services Agreement;
"Services Agreement" means the contract between you and The Company, the provisions of which are recorded in the Terms and the Booking Form;
"The Company Persons" means Alexander Jacobs and any other employees of the Company (as the case may be);
"we" or "us" means The Company (and words such as "our" shall be interpreted accordingly);
"You" means yourself as the client(s) and any other contracting parties specified in the Booking Form (and words such as "your" shall be interpreted accordingly).
1.3 References to any statute or statutory provision shall include a reference to that statute or provision as from time to time amended, extended, re-enacted or consolidated and to all statutory instruments or orders made under it (as from time to time amended, extended, re-enacted or consolidated).
1.4 Words denoting the singular number only, include the plural and vice versa.
1.5 Words denoting the masculine gender include the feminine gender and vice versa.
2. WHEN MAKING A BOOKING
2.1 It is imperative that you and The Company work together as a team and that any changes in your plans are communicated promptly and clearly to The Company.
2.2 We will rely on you to provide us, promptly, with all the up to date, accurate and complete information necessary for us to provide the Services in accordance with the Services Agreement. You should inform us, immediately upon becoming aware, of any changes to information already supplied or new information that might impact upon our provision of the Services.
2.3 If you would like to make any suggestions as to how our service to you could be improved or, in the unlikely event if you are dissatisfied with our service, please contact us in writing within 28 days of the final day of you holiday. We operate a complaints procedure, a copy of which is available upon request. If, for any reason, we are unable to resolve the problem, we will advise you as to the availability of any complaints and redress scheme that may be operated by an appropriate regulatory body.
3. OUR SERVICES
3.1 Subject as follows, the scope of the Services is as described in the Booking Form. We shall not be responsible for providing any other service outside that scope.
3.2 We will use all reasonable skill and care in the provision of the Services.
3.3 The Services are provided to and for the benefit of you alone and for the purposes that you have communicated to us. We make no representation in respect of the Services for any part who is not specified in the Booking Form.
4. WORKING FOR YOU
4.1 Subject as follows, the Services will be provided by us through the persons specified in the Engagement Letter or by such other persons / providers as we shall notify to you.
4.2 We hope and expect to provide all services as confirmed to you at the time of booking. However, from time to time, bookings and tours may be amended by us and when this occurs we shall promptly notify you in writing of any change to the Services. In situations where the people providing the Services are changed by us we shall ensure that the Services shall be provided by suitably experienced persons who possess the necessary skills and experience to undertake such tasks in a competent and professional manner although such individuals may not be employees of the Company. Where the Services are provided by alternative providers, for example where a different accommodation provider is selected, we shall use all reasonable endeavours to provide a similar Service as set out in the Booking Form. No liability shall arise from any such amendment unless the change is not notified to you and you suffer loss as a result of the change (subject to clause 6.7).
4.3 In appropriate circumstances, we may use other professional bodies to assist us in providing the Services. Irrespective of whether, in connection with the provision of the Services, you have any direct contact with any other professional bodies and further irrespective of whether any professional bodies are specified in the Booking Form or are otherwise notified to you, we shall remain responsible for the provision of the Services where those who assist us are providing the Services under a written contract with us and as our agent.
5. OUR RESPONSIBILITIES TO YOU
5.1 Where the Company has contracted with other organisations to provide services, you may be required to comply with their individual Terms and Conditions, which may exclude their liability to you. In contracting for the Services you agree to be bound by the relevant provisions of the provider’s terms and conditions. These can be provided to you on request.
5.2 If your behaviour or the behaviour of those in your control falls below the levels expected by us or by any of our providers or any accommodation manager providing any of the Services a Company representative will provide a formal warning. If the behaviour continues the Company may terminate the Services with immediate effect. Such situations where the behaviour is below the levels expected include where you or your party is causing anger, distress or annoyance to any other party or is causing damage to property. In such situations, the assessment of behaviour shall be made by a director of the Company acting in their sole discretion. The Parties agree that the Company shall bear no liability to you in respect of the Services and you shall indemnify the Company in respect of any legal costs arising from your actions (including enforcing any contractual rights under the Terms) and also compensation in respect of damaged property.
6. FEES, PAYMENTS, CANCELLATIONS, CHANGES
6.1 Basis of fees
Our fees will be charged on the basis set out in the Booking Form. The rates are subject to review from time to time and we will keep you informed of any changes which are made. Please note, prices quoted in our brochures, on the website or anywhere else in our literature are a guide only and may change at any time up to the point a contract is made between us.
6.2 Fee estimates
Any fee estimate given by us will be given in good faith but will not be contractually binding unless the Booking Form expressly provides that it shall be. It will be subject to any stated exceptions, assumptions and any other factors and, wherever it is practicable to do so, we will notify you if it is likely to be exceeded.
6.3 Value Added Tax ("VAT")
It may be necessary to charge VAT or a similar sales tax. Where applicable we will add VAT (or other applicable tax) at the appropriate, prevailing rate to our fees. All estimates of, or references to fees are exclusive of VAT (or other applicable tax).
6.4 Payment on account
We may, at any time, ask you to pay money on account of anticipated fees. Subject to any applicable legal, regulatory or other professional restrictions or requirements, we may decline to act for you or suspend or terminate the provision of the Services if you fail to make such a payment upon request.
6.5 Billing and settlement
Subject as follows and unless otherwise stated in the Booking Form, we expect the full deposit to be paid upon confirmation of the order. The order shall not be considered as having been placed until the signed Booking Form is returned to the Company. The remainder of the fees for the Services shall become payable no later than 56 full days prior to the commencement of Services. If the final sum is not paid by that date the Services shall not be considered to have been booked and the Company shall bear not liability for any reliance placed upon the holiday having been booked. We will try to inform you but the Company shall be under no obligation to notify you of any failure to provide full payment under this clause 6.5.
If you book within 56 full days of departure, the full balance is due immediately.
Invoices shall only be issued on the receipt of payment. A binding contract shall be created upon receipt of the invoice (and the Parties agree that this shall constitute acceptance of the Booking Form and the Terms). All invoices will be expressed in the currency specified in the Booking Form (or, if no currency is specified, in £ Sterling). Any query on an invoice must be raised within 14 days of delivery. If the Services are, for whatever reason, provided without payment being provided prior to the commencement of the Services is the Company shall charge interest from the date of the order being placed with the Company at three per cent above the prevailing base lending rate in the United Kingdom of Barclays Bank PLC.
6.6 Cancellation by you
In the event that for whatever reason you need to cancel the Services, you will need to notify the Company in writing. If the notification is received by the company more than 56 full days prior to the agreed commencement date for the Services the deposit shall be retained by the Company and no further sums shall be payable by you. If notification is received 56 to 43 days before departure 50% of the holiday cost shall be retained by Company. If notification is received 42 to 29 days before departure 75% of the holiday cost shall be retained by Company. If notification is received 28 to 21 days before departure 90% of the holiday cost shall be retained by Company. If notification is received within 21 days of departure 100% of the holiday cost shall be retained by Company. If notification is received on departure day or there is a No Show 100% of the holiday cost shall be retained by Company.
Cancellation charges may not be payable, subject to the sole discretion of the Company, if you substitute an attendee not less than 28 full days prior to the commencement date of the Services. Where the number of attendees is reduced prior to the Services being provided, the Company may assess, acting reasonably but at its sole discretion, this to constitute a cancellation.
6.7 Changes to your holiday
In the event that the Company has to change the Services we shall use all reasonable endeavours to notify you promptly. Failure to notify you promptly shall not give cause for cancellation. We reserve the right to make minor changes in accordance with 4.2 and 4.3 at any time whatsoever. No minor change shall give rise to compensation or any other liability on the part of the Company. Minor changes shall include a change to a hotel which is of a similar standard (being of equivalent or higher local classification), changes to dining facilities, alternative facilities where itinerary attractions are unavailable and replacement of tour guides. If we need to make a significant change (this being a change in your destination region, change to accommodation which is of a significantly lower standard or change to your time of departure by more than twelve hours) we shall advise you as soon as possible. In such a situation you will be able to (a) accept the changes, (b) alter your booking to a different holiday with us (paying any additional difference if it is more expensive) or (c) cancel the holiday (receiving the proportion of the fees for any holiday which has not been taken). All the provisions in this clause 6 are subject to clause 11.2. The determination of what constitutes a significant or minor change is at the discretion of the Company Director acting reasonably.
6.8 Cancellations by us
The Company reserve the right to cancel the Services by giving reasonable notice. Where the Company has been forced to cancel your booking for reasons other than any failure on your part we shall notify you promptly and shall use all reasonable endeavours to assist you to purchase an alternative holiday in the North of England and/or Scotland in settlement. If we have been paid the fees we shall, where appropriate and at the sole discretion of the Company, direct these fees towards such an alternative holiday with you paying the difference, if any. Alternatively, you agree that a settlement sum of the monies paid (if any) up to the date of the cancellation and any deposit shall be an agreed settlement sum (subject to the exception in clause 11.2).
Additionally, The Company shall provide £10.00 per person if the holiday is cancelled by us within 57 days of scheduled departure which shall constitute the maximum sum payable (subject to exemptions in clause 11.2).
7. INTELLECTUAL PROPERTY RIGHTS
We retain all copyright, database rights and other intellectual property and proprietary rights in all works and other things developed, designed, generated or created by us in the course of providing the Services including systems, methodologies, software, data, know-how, documents and working papers. For the avoidance of doubt, we retain all copyright, database rights and other intellectual property and proprietary rights in all reports, written advice, documents, data and all other materials provided by us to you.
8. LIABILITY AND RESPONSIBILITIES
Subject to any applicable and mandatory legal, regulatory or other professional restrictions or requirements and subject to clauses 8.7 and 8.8, clauses 8.1 to 8.6 will apply.
8.1 We do not accept liability, in respect of the Services, in favour of anyone other than you.
8.2 Notwithstanding the references to The Company Persons in clause 8, claims for loss or damage arising from or in connection with the Services will only be made against The Company and not against any other Company Person.
8.3 Subject to clause 8.6, the liability of The Company (and/or any other The Company Persons) for loss or damage arising from or in connection with the Services shall be limited to such proportion of the loss and damage as is just and equitable having regard to the extent of your own responsibility for the loss and damage and that of any other party (regardless of any inability on your part to enforce a claim against such other party due to limitation, a lack of means, reliance by that other party on an exclusion or limitation of liability or otherwise). The liability in respect of the Services shall not exceed £40.00 per person per day and this sum shall be subject to clause 8.6.
8.4 If, as a result of any exclusion and/or limitation of liability agreed by you with any other person, the amount for which you are able to claim contribution against such other person including any Company Person in connection with any claim by you arising out of or in connection with the Services is reduced, the liability of such Company Person to you in respect of such claim shall be reduced by the amount by which the amount for which the Company Person is entitled to claim from such other person is reduced.
8.5 Neither the Company (nor any other Company Person) shall be liable for loss of profits or any indirect or consequential loss or damage arising from or in connection with the Services. The Company nor any of the Company Persons shall be liable for any costs, fees or sanctions in respect of implementing the Services.
8.6 The aggregate liability of The Company (and/or any other The Company Persons) in any circumstances whatsoever and however caused (including as a result of our negligence), for loss or damage arising from or in connection with the Services shall be limited to the sum specified in the Booking Form or, if no sum is specified, the total amount of fees paid for the Services less any costs incurred (or which subsequently incur) by the Company in respect of the holiday.
8.7 If The Company or a Company Person is subject to a mandatory
8.7.1 prescribes a limit below which liability may not be limited; and/or
8.7.2 prohibits or renders void (generally or in particular circumstances) the exclusion of liability,
and the effect of the operation of any part of clause 8.1 to 8.6 would, so far as The Company or that The Company Person is concerned, be, either:
8.7.3 to constitute a limitation of liability that is below such a prescribed lower limit; and/or
8.7.4 to constitute a prohibited or void exclusion of liability,
then, subject to clause 8.8, such part of clauses 8.1 to 8.6 that, in relation to The Company or that the Company Person, constitutes a limitation of liability which is below such a prescribed lower limit and/or constitutes a prohibited or void exclusion of liability shall not be applicable in relation to that the Company Person and the particular exclusion or limitation of liability that is rendered inapplicable shall be deemed, in relation to that the Company Person, to be replaced by a limitation of aggregate liability for the type of loss or damage which is the subject of the inapplicable exclusion or limitation of liability that is equivalent to the applicable, prescribed lower limit or, if no lower limit is prescribed £150.
Nothing contained in clause 8.7 shall affect the liability of any the Company Person other than one of the description and in the circumstances described in this clause 8.7.
8.8 Nothing contained in clause 8 shall be applicable to the extent that it:
8.8.1 constitutes a limitation or exclusion of liability for death or personal injury caused by negligence which directly relates to an action on the part of the Company or Company Person acting in their role within work hours or which constitutes a limitation or exclusion of liability for fraud, reckless disregard of professional obligations; or
8.8.2 would render The Company or any the Company Person in breach of any applicable and mandatory
8.8.3 any action of a contracting body to the extent set out in the guidelines.
8.9 If you consider that there may be circumstances in which you could suffer loss or damage arising from or in connection with the Services, which is irrecoverable (or exceeds the amount recoverable) under the provisions of the Services Agreement, you may wish to consider the possibility of effecting your own insurance in respect of the same. If you choose not to take out any such insurance to address this risk, the Company may, subject to this clause 8 reduce any sum payable to you in respect of any liability. Where any sum has been paid out by the Company it is agreed that no statements will be published on the matter thereafter without the prior agreement of the Company.
8.10 You acknowledge that your right to insure yourself in respect of the Services or otherwise has been explained to you and agree that any claim against the Company or Company Person shall be reduced by such sum as may be reasonably recoverable under such policy subject to clause 8.7.
9. DATA PROTECTION, PASSPORTS, VISAS AND HEALTH REQUIREMENTS
9.1 Data protection
In connection with the delivery of the Services, we may act as data controllers, in the sense that, subject to our legal and regulatory obligations, we will process personal data in such manner and for such purposes as we see fit. We will not process personal data on your behalf and at your direction. Where appropriate, we, ourselves, may appoint sub-contractor data processors such as tracing and collection agents who will process personal data on our behalf and at our direction.
We will take appropriate technical and organisational measures which are designed to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
In the case of clients who are individuals, we may process/disclose your personal data in connection with:
9.1.1 placing accommodation orders;
9.1.2 organising transfers;
9.1.3 setting reservations; and
9.1.4 other elements required for the delivery of the Services
(including where appropriate the transfer of such personal data outside the European Union) and you consent to our doing so.
9.2 Passports and visas
It is your responsibility for ensuring that you have the correct passport, visa and any other permission or identification to enter and leave the United Kingdom. The Company shall be under no liability where you fail to meet such requirements. We shall not be liable if any travel documents or items of luggage are lost or misplaced for whatever reason. 9.3 Health
We shall use all reasonable endeavours to meet any health needs you may have conditional upon you providing us with written notification of the health issues and any needs you may have. Such additional health requirements may be reflected in the fees charged.
10. TERMINATION
10.1 Subject to any applicable legal, regulatory or other professional restrictions or requirements, we reserve the right to cease to act on your behalf if we consider this appropriate (for example, in circumstances where you are in breach of the terms of the Services Agreement or you are subject to insolvency proceedings or the existence of adverse interests renders it, in our discretion, inappropriate for us to continue to act for you). If we propose to exercise this right, we shall, so far as practicable, consult with you and (subject to you paying our fees in relation to the same) provide reasonable assistance in transferring the matter to another tour company.
11. GENERAL
11.1 Applicable law and jurisdiction
The Services Agreement will be governed by and interpreted in accordance with English law and you irrevocably agree that the English courts shall have exclusive jurisdiction.
11.2 Force majeure
Neither you nor the Company can be held liable for any delay or failure to fulfil our respective obligations under the Services Agreement as a result of events beyond our reasonable control. Such events include, but are not limited to, health risks, adverse weather conditions, fire, flood, technical problems to transport, natural disaster, acts and regulations of any governmental or supranational authority, war, acts of terrorism, riots, strikes, lockouts, suspension of flights or ferries, industrial disputes and all similar events.
11.3 Waiver
Any delay in enforcing any provision of the Services Agreement will not affect or restrict any of the rights and powers arising under the Services Agreement. The Parties, or either one of them, will only be taken to have released their rights under the Services Agreement if such release is confirmed in writing.
11.4 Notices
Any notice or other communication to be given under the Services Agreement shall be given in writing and delivered by post to, or by hand at, the addresses of the Parties appearing in the Engagement Letter (or such other address as may have been notified in writing). Notices shall be deemed to be given in the case of delivery personally, on delivery, and in the case of posting (in the absence of earlier receipt), 48 hours after posting (or six days after posting, if sent overseas).
11.5 Entire agreement
The Services Agreement constitutes the entire agreement between the Parties with respect to the Services.
Subject to any applicable
11.6 Acceptance
Returning the Booking Form shall constitute acceptance of the terms of the Service Agreement.
SPECIAL Terms And Conditions EXPLORER TOURS
These are the Bookings Conditions of Explorer Tours by Northern Secrets Ltd
Prices: Prices are based on known costs at April 2010.
Reservations: are required. Please book as soon as possible.
What the Price Includes: This is specifically stated on each package and page in the brochure. Prices do not include (unless stated) - gratuities to the guide or driver, lunches and attraction entrance fees. Gratuities are at your discretion.
Date of Departure & Collection Timings: These are subject to change or cancellation, should unforeseen circumstances occur. Please reconfirm at time of booking. Timings are guidlines.
Smoking: Smoking is not permitted on board, but all tours make frequent stops.
Food and drink: in the interest of safety we ask that no hot food or drinks are carried on board the coach.
Children: Children under sixteen must be accompanied by an adult.
Amendments: Amendments by you: please call us 24 hours prior to the departure time and date.
Cancellations by you: For full and half day coach tours, a full refund will only be made up to 24 hours prior to departure, otherwise 100% charge will apply. Theatre tickets, rail trips, lunch and dinner products, overnight tours and attraction tickets cannot be cancelled once booked.
Luggage: On overnight tours an allowance of one suitcase , not exceeding 44lb in weight ,or 30 x 17 x 10 in dimension is permitted together, with a small carry on. Luggage is carried at the passengers own risk and must be collected by the client.
Tour information: Whilst touring, please note that seats are on first come first served basis. We may, at our discretion, require any person to withdraw from any tour, if we deem their acts or conduct offensive, or a nuisance to other passengers, and we shall have no further liability. We reserve the right to cancel any tours due to lack of demand and also to use vehicles as dictated by demand. We also reserve the right to alter at any time any price, place visited, itinerary or hotel owing to unforeseen circumstances. Every endeavour will be made to advise passengers in advance of any alterations that are deemed necessary. In the event of any passenger not being carried for any cause whatsoever, no liability will be accepted by the operators beyond the refund of the fares. Should the passenger fail to arrive or arrive late at the starting point or during the tour, then no liability can be accepted.
Cancellations by us: Each tour operates subject to sufficient demand, tours with a low capacity maybe cancelled without prior notice. We will offer you an alternative time slot at your convenience, private tour (extra costs may incur) or a full refund.
In the event of disruption due to road closures en-route which prevent the tour as advertised being operated every endeavour will be made to substitute an alternative route, Northern Secrets Ltd reserves the right to cancel or alter arrangements.
Tours may be subject to delays and duration longer than advertised due to road conditions, please take this point into consideration when choosing your tour (especially if you have other arrangements planned).
Refund and compensation policy: In the event that a venue is not visited due to unforeseen circumstances, an amount, equal to the value of the admission will be refunded in full. If the air conditioning or washroom on the allocated vehicle is not operational, then no refund will be made.
Passports & Visas: A Passport valid for all countries to be visited must be carried and you must ascertain from your Travel Agent what visas are required.
Accident or Loss: We have no liability for loss, damage, delay, inconvenience, or direct or consequential loss, however caused, unless due to our employees negligence, in which case our liability is limited (except for death or personal injury) to a maximum of the refund of the tour cost. We do not own or manage the train, ships, vehicles, accommodation and restaurants used and we have no liability for loss or damage caused by the proprietors or operators thereof.
Payment and financial protection - Full payment is required at the time of booking. For your protection and in accordance with the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992, we operate a client money trust account to ensure that you would be refunded and/or repatriated to the UK in the very unlikely event of our insolvency. All payments we receive from you will be kept safe in that trust account until such time as you have completed your holiday or cancelled it.
In order to provide clients with peace of mind, Northern Secrets Ltd has effected a policy with IGI Insurance Company Ltd through travel insurance specialists Milsom Howard Limited to ensure that all passengers booking a holiday with Northern Secrets Ltd are fully protected for the initial deposit and subsequently the balance of all monies paid to Northern Secrets Ltd, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Northern Secrets Ltd.
Credit Cards: Cardholder must be present at the time of presenting the ticket.
General Conditions: No servant or agent of ours can vary our conditions and any such purported variation shall be of no effect unless it has been signed by one of our Directors. All matters concerning this booking shall be subject to English Law. Guests must adhere to Northern Secrets Ltd Terms.
If you have comments about your sightseeing tour or are dissatisfied, write to: Northern Secrets Ltd, 11 Garden Crescent, Ebchester, Consett, County Durham, DH8 0PT. Company No. 07211552.