Please read these booking conditions carefully, they form an important part of your holiday contract:
Photography Holidays (also referred to as ‘the Company’, ‘we’, ‘us’ and ‘our’) accepts bookings subject to the conditions set out below. Except where specifically stated, these conditions only apply to holiday arrangements booked by you with us and which we agree to make, provide or perform as part of our contract with you. All references to ‘holiday’, ‘trip’, tour’, ‘booking’, ‘contract’ or ‘arrangements’ mean such holiday arrangements unless otherwise stated.
Please note: the information appearing in the section headed ‘Frequently Asked Questions’ and any other relevant information on our website also form part of your contract with us.
1. Travel Insurance
Adequate and valid travel insurance is compulsory for everyone travelling with us and it is a condition of accepting your booking that you agree to obtain adequate and valid travel insurance for your booking. We recommend you do so as soon as your booking is confirmed. See clause 18 below.
2. Your holiday contract
The contract is between the Company (Photography Holidays) and you. ‘You’ refers to any person travelling or intending to travel on a holiday operated by us including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England, Wales, Scotland and Northern Ireland only.
3. Securing your booking
(Please also refer to Clause 16 ‘Late Bookings’)
For all holidays you will need to pay a deposit to us at the time of booking of at least 10% or £150 (whichever is greater) of the holiday cost. You may also be required to pay for any non-transferable and non-refundable items such as internal flight or ferry tickets. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 70 days before departure.
When you book your holiday through an approved travel agent, all communication between you and us will be made through that agent, as such please contact your agent in the first instance, as no changes can be made to your booking unless they are made through your agent.
All customers (including anyone who is added or substituted at a later date), regardless of method of booking, by e-mail or by any other means, will be deemed to have agreed to the following four conditions:
a) to have read and accepted our Booking Conditions and general information contained on our website.
b) to appreciate and accept the risks involved in travel and photography.
c) that they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the trip. If any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking to discuss your requirements.
d) that the person making the booking confirms that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
We will communicate with you by e-mail. You must therefore check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
4. Payment for your holiday
The balance of all monies due must be received by us or our authorised travel agent not later than 70 days before the start of your holiday. For certain holidays, full payment must be received sooner. We will tell you at the time of booking when this is the case. If you don’t pay your balance by the due date, we reserve the right to treat your booking as cancelled and cancellation charges will apply. Any monies paid by you to an authorised travel agent for trips operated by us are held by the agent on our behalf. You can pay by cheque, credit or debit card. We accept Visa and Mastercard. A credit card fee of 1.5% is payable (£1.50 per £100) for all payments paid to Photography Holidays by credit card. We reserve the right to increase this charge if the card issuer’s charges to us increase. We will advise you if this happens before taking any payment by credit card. This fee does not apply if payment is made by debit card.
5. If you change your booking
If, after a confirmation has been issued, you wish to cancel or transfer your booking, to a different departure date or holiday, you can do so free of charge up to 70 days prior to departure. After this date, all changes will be treated as cancellations and subject to the cancellation charges below. Transfers and changes are subject to availability and are limited to one transfer during the lifetime of your booking. It is not possible to rebook back onto the original departure once you have either transferred or cancelled your booking.
If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by you) up to 70 days prior to departure. Any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid.
6. If you cancel your booking
Should you wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by us or our authorised travel agent as a percentage of the total trip price per person cancelling, excluding any amendment charges. The cancellation charges shown below will apply to most holidays. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your trip.
a) 70 and more days before trip start date – deposit amount
b) 42-69 days before trip start date – 30% or deposit amount if higher
c) 28-41 days before trip start date – 60%
d) 14-27 days before trip start date – 90%
e) Less than 14 days before trip start date – 100%
Amendment charges and insurance premiums are not refundable if you cancel your booking. We strongly recommend that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. In the event of the cancellation of a booking where you are liable to pay to us cancellation charges in excess of the amount already paid to us at the time of cancellation, you cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining members of your party. Please also see clause 5.
7. If you have a complaint
If you have a complaint about any of your holiday arrangements, you must tell both the relevant supplier and our representative at the time. It is only if we and the supplier know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If your complaint cannot be resolved on trip you should notify us in writing within 28 days of the end of your trip.
8. Passports, visas and vaccinations
You are responsible for arranging, and must have, a valid, acceptable passport and any visas and vaccination certificates required for your entire journey and trip. Any information we give about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on our part. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If your failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
9. Trip participation and customer responsibility
You agree to accept the authority and decisions of our employees, Tour Leaders and agents whilst on trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, a hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense. Where you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, we may make such arrangements we see fit and recover the costs thereof from you. If you commit an illegal act (including, for example, causing any damage) you may be excluded from the trip and we shall cease to have responsibility to/for you as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
If you have any medical condition or disability which may affect your active participation in your holiday or the holiday arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed trip and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your holiday or the holiday arrangements of any other person develops after your booking has been confirmed.
10. If we change your holiday
While we will do our best to operate all holidays as advertised, we reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking.
We plan the arrangements for your tour many months in advance and may occasionally have to make changes, most of which are minor. If a significant change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘significant’ depends on the nature of the holiday and may include: a change in accommodation to that of a lower category, or the removal of a major aspect of your holiday. These changes are only examples and there may be other situations that constitute significant changes. When a change of this type occurs, you will have the choice of either:
(a) accepting the change (at additional cost if applicable)
(b) purchasing another available holiday from us (paying extra cost or receiving a refund in respect of any difference in price)
(c) cancelling your holiday, in which case you shall receive a full refund of all monies paid.
If we have to make a significant change before departure we will as a minimum, where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change is notified to you or your travel agent subject to the following exception. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances are likely to include those listed in clause 13 “Force Majeure”. No compensation will be payable and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post trip accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your trip.
Period of notification given Compensation to you or your travel agent per person
(1) More than 42 days: Nil
(2) 14-41 days: £20
(3) 13 days or less before the date of travel: £30
Very rarely, we may be forced by “force majeure” (see clause 12) to change or terminate your trip after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
11. If we cancel your holiday
We reserve the right to cancel a holiday in any circumstances but will not cancel less than 6 weeks before the start of the holiday except for force majeure (see clause 12), or your failure to make all payments (including the final balance and any surcharge) when due. Please note, except for “Guaranteed” departures, our holidays require a minimum number of participants to enable us to operate them. If any trip does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 6 weeks before the start of your trip. For “Guaranteed” departures, there is no minimum group size and we will not cancel the itinerary unless forced to do so by force majeure (see clause 12). However, for groups with less than 3 participants, we reserve the right to make changes to the form of transport as referred to in clause 10. If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative holiday offered as a result of consolidation or another available holiday from us (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your trip.
In addition, we will as a minimum, where compensation is due, pay you the compensation set out in the table in clause 10 above depending on the circumstances and when the cancellation is notified to you or your travel agent subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (such circumstances are likely to include those listed in clause 12 ‘Force Majeure’) or (2) we have to cancel because the minimum number of participants necessary for us to operate your trip has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
12. Force majeure
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
13. Our responsibility for your holiday
Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in travel and photography and that you undertake the holidays and tours featured in our programme at your own volition.
(a) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(b) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
the act(s) and/or omission(s) you or any member(s) of your party or
the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 13 above
(c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 14: Optional Excursions and activities below. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your holiday involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question.
(e) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment).
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a different limitation applies to your claim under clause 14(f) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 14 (f) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(f) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and COTIF, the Convention on International Travel by Rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(g) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
(h) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 6. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
14. Optional excursions and activities
We and our Photography Leaders may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They may require a waiver form to be signed. Optional excursions and activities do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a Tour Leader collects payment for or otherwise assists in booking any such activity or excursion for you, we and the Tour Leader act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13(1) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your holiday and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
The timings of air, sea, road or rail departures are estimates only. Subject to clause 10 “If we Change your Holiday”, we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your trip whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost trip time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. It is in recognition of the above that many travel insurance policies offer compensation for flight delays over 12 hours (not applicable to flights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for any services in the event of a delay, we will not accept responsibility for payment unless we have given our prior consent.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstance, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under the EC Regulations No 261/2004 – the Denied Boarding Regulations 2004 where applicable you must pursue the airline directly for the compensation or other payments due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you should complain to the CAA at caa.co.uk.
16. Late bookings
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our holidays. For bookings received within 6 weeks of your trip start date (or at an earlier stage for certain trips), the contract between the Company and the client comes into existence as soon as full payment has been received by us or our authorised travel agent.
17. Website / Advertising material accuracy
The information included on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us or your travel agent at the time of booking.
18. Travel and cancellation insurance
Adequate and valid travel insurance is mandatory for all customers while on one of our holidays. You are required to purchase adequate insurance to cover you, your belongings and your photography equipment against any possible risk and you are required to carry proof of insurance with you and produce it if reasonably requested by Company employees or suppliers; failure to do so may result in your being prevented from certain participating in certain activities without the right to any refund. You must ensure that your personal travel insurance provides protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter repatriation. You should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your trip. You must ensure that all travel insurance purchased meets your particular personal requirements and you should arrange supplementary insurance if need be. It is your responsibility to ensure that the insurance you purchase provides adequate cover. We do not check insurance policies and cannot be liable for any expenses incurred as a result of your not having adequate, appropriate or valid insurance cover.