1. Our details

Eclipse Travel Ltd and Safari Andalucia SL trading as Arbuthnott Holidays, Mills of Earn, Crieff, Perthshire, PH7 3RN

Telephone: +44 (0)207 7382032

Email address info@arbuthnottholidays.com.

2. Your holiday booking

We do suggest that you communicate with us first to secure a provisional booking which will be held on your behalf for an agreed period of time.  You must be aged 18 or over to make a booking with us. You should complete the booking form and forward it to us with your deposit. When we receive your booking form and deposit or full payment, we will, if the holiday is available, issue your confirmation of booking and send with any further information relevant to the holiday booked. If the holiday is not available, we will return your deposit or full payment. Once we have confirmed your booking your deposit is non-refundable except in the circumstances mentioned below. A booking will exist as soon as we issue our Booking Confirmation.  You should not book your flights until you receive a Booking Confirmation unless otherwise stipulated.  This booking is made on the terms of these booking conditions and on the basis of our brochure, website and detailed itineraries sent to you. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. The holiday cost includes all accommodation, all meals including wine with lunch and dinner, except where specified, pre and after-meal drinks when staying at Almuña, transport to and from the designated arrival and departure meeting point, supporting vehicle, support staff and transport of luggage, lecturers, tutors, and English-speaking guides, entrance fees and other items when specified in the itinerary.  Excluded are international airfares, insurance and staff gratuities.

3. Your Travel Arrangements

Each tour has a designated Group Meeting Point (GMP) and designated Group Meeting Time  (GMT) at which the tour will be met at the GMP, normally the GMP is the nearest main airport of arrival to the start point of the tour. All tours are met at the GMP, from where you will be transported to the start of the tour with the rest of the group. You elect to make your own flight or travel arrangements and meet the tour at the designated GMP by the GMT. You will be given instructions depending on whether you arrive by car, train or air. It will be your responsibility to get to the start of the tour. Providing you arrive in time you will be transported to the start of the tour with the rest of the group. If you arrive after the GMT at the GMP and the group transport has left it is your responsibility to organise and pay for alternative transport to the start point of the tour.

At the end of the tour either you may make your own travel arrangements or be transported to the designated airport of departure to arrive at the designated departure time Group Drop Off (GDO) If your flight does not fit with the GDO it is your responsibility to organise and pay for alternative transport to the airport for your flight.

For holidays to South America, your package holiday does not include domestic flights in South America. We act as an agent for our flight provider who is ATOL bonded and you will have a separate contract with them for any flights.

4. Travel Insurance

It is incumbent on you to have adequate travel insurance that covers you for all eventualities on the holiday booked with us. Prior to travel you are required to give us details of your insurance together with proof of validity from the date of your confirmed booking with us. We reserve the right to terminate your booking if you fail to obtain travel insurance cover. Particular care should be taken to ensure that you have adequate cover, in particular for loss or theft of your luggage, tour cancellation, medical costs  and emergency repatriation in the event of medical problems.

You must be in possession of a valid UK Global Health Insurance Card which can be obtained from the NHS for travel within Europe to access Spanish Health Services.

5. Paying for Your Holiday

When you make your booking, you must pay a deposit of 20% of the holiday cost per person or other amount as stipulated.  The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date or other date as stipulated. If the deposit and/or balance is not paid in time, we shall have the right to cancel your travel arrangements. If the balance is not paid, we shall retain your deposit.

6. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received by us. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):

For holidays to Europe

Period before departure cancellation charge in which you notify us

Up to 60 days deposit only

Between 59and 42 days 60 % of holiday cost

41 days or less 100 % of holiday cost

For holidays to South America

Period before departure cancellation charge in which you notify us

Up to 86 days deposit and any incurred costs

Between 85 and 60 days 60 % of holiday cost

59 days or less 100 % of holiday cost

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign, Commonwealth & Development Office.

7. If You Change Your Booking

If, after our Booking Confirmation has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent.  You will need to pay any costs we incur in making this alteration. 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. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.

8. If we cancel your booking

We reserve the right to cancel your booking.  We will only do this  in the event of unavoidable and extraordinary circumstances, or failure by you to pay the final balance , or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.  Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.

If your holiday is cancelled by us, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value). We cannot accept liability for any other expenses you have incurred such as the purchase of non-refundable travel tickets.

In the event a refund is paid to you, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).

Period before departure in which we notify you, amount you will receive from us

More than 70 days £0

45 to 70 days £25

21 to 44 days £35

7 to 20 days £50

Less than 7 days £100

This does not exclude you from claiming more if you are entitled to do so.

9. If we change your booking

It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include change of accommodation to another of the same or higher standard, changes of venue for an activity or substitution of an activity for one that is similar, change of flight time or carrier for South American tours.

If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.

If you choose to accept a refund we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you, amount you will receive from us

More than 70 days £0

45 to 70 days £25

21 to 44 days £35

7 to 20 days £50

Less than 7 days £100

We also reserve the right that the tour leader, in conjunction with the appropriate medical advice if available and applicable, may disqualify you or a member of your party at any time during the course of the tour if considered necessary for the medical well-being or safety of the individual or, in the tour leader’s opinion, you or a member of your party’s actions materially are affecting the enjoyment of the tour for the remainder of the group.

10. Our Liability to You

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to

1. a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
2. b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the travel service contractual terms, or the international conventions, from info@arbuthnottholidays.com. For South American tours under passenger rights law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

11. Protecting your money

We provide full financial protection for our package holidays by way of a bond  with the Association of Bonded Travel Organisers Trust Limited ABTOT Membership number 5677. Where the travel services are not provided, you will be entitled to make a claim under this bond (or your payment card issuer where applicable) for a refund of the monies you have paid.

12. Complaints

If you have a complaint about any of the services included in your holiday, you must inform our resort representative or info@arbuthnottholidays.com or telephone +44 (0)207 7382032 without undue delay who will endeavour to put things right.

If it is not resolved locally, please follow this up as soon as possible after your return home, ideally within 28 days by writing to our Customer Services Department at info@arbuthnottholidays.com giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.

13. Additional assistance

If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault.

14. Passport, Visa and Immigration Requirements

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

15. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

16. Behaviour

You must follow all reasonable instructions of the tour guide or local representative at all times. Only you can use any accommodation. You must not let anyone else stay there. You are responsible for any damage to your accommodation or its contents during your holiday.

We can refuse to accept you on your holiday, remove you from your accommodation or refuse to continue dealing with you if we, or one of the travel service providers, believe your behaviour is unacceptable.

You will not be entitled to a refund in respect of travel services not used and we will not provide compensation or meet any costs or expenses.

If you are disruptive, you will be responsible for any damages, costs, claims and expenses (including legal expenses) incurred as a result.

17. Law and jurisdiction

This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.