Print This Page Close This Page

Booking Terms & Conditions

Once you have decided on the holiday you require, please carefully read the following conditions. They will form part of your agreement with Rex Air Limited (hereafter known as ‘the Operator' or ‘us'). Way Out Experiences is the travel brand for Rex Air Ltd.

 

1)Your Contract with Us

  • If you book with a travel representative and your booking with that representative includes, but is not limited to, the Operator arrangements, your contract is with your travel representative and not with the Operator. The Operator is simply a supplier to your travel agent.
  • I n all other cases your contract will be with the Operator.
  • Your contract with the Operator and any matters arising from it shall be governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the courts of England and Wales .
  • If any part, term or provision of this contract is held to be illegal or unenforceable it shall not affect the validity or enforceability of the remainder of the contract. Furthermore, if any covenants are held illegal or unenforceable by virtue of its scale, extent or duration, it shall remain valid and enforceable in such reduced scale, extent or duration as any court may decide as being the maximum scale, extent or duration permissible.
  • Headings are for convenience only and shall not affect the construction of any provision. Except where the context otherwise indicates, words denoting the singular include the plural and vice versa: words denoting any one gender include all genders; words denoting persons include firms companies and other legal entities and vice versa

 

2) Payment and Confirmation

  • A deposit of £150 per person must be enclosed with your booking form.
  • The person signing the booking form which incorporates these terms and conditions warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon and confirm that all such persons are fully aware of and accepts these terms and conditions. If, you book less than 8 weeks before departure, full payment must be received on booking. Please note that bookings for peak periods and for certain holidays may require a larger deposit. You will be advised on any alterations to the amount payable at the time of booking.
  • Payment by credit / charge cards may attract a charge. Details will be clarified at the time of booking.
  • If we accept your booking, our contract with you is made when you or your travel representative ask us to confirm a booking and moneys are exchanged to secure the required services (either via cash, cheque, credit card or electronic transfer). At this stage a binding contract comes into existence between you and the Operator. (Please note, though, that if you book a tailor-made itinerary or an excursion / tour including accommodation, flights etc, this will only be requested by the Operator once your request together with a deposit has been received). Your booking confirmation will indicate your holiday cost and you will be advised of any accommodation, flights etc. which are still on request and not confirmed at the time of issue. Naturally we will try to obtain final confirmation of all your holiday components as soon as possible. If a particular flight, hotel or similar cannot be confirmed you will be offered an alternative or, failing that, a refund.
  • It is your responsibility to check the confirmation invoice carefully and to let the Operator or your travel representative know immediately in the event of any error.
  • The balance of your tour cost is payable 56 days prior to departure with time being of the essence of the agreement. If the final payment is not received by the 56th day prior to departure, the Operator reserves the right to treat the booking as cancelled by you and will levy cancellation charges as per section 8.
  • The Operator has included in its prices all government taxes, which can be pre paid, however there may be some that have to be paid by you locally. These are extra and for your personal account (such as international airport departure tax).

 

3) Travel Documentation

Travel documents will be sent approximately 1-2 weeks before the departure of your holiday, If your booking is made within 6 weeks of departure, final documents will be sent provided cleared funds have been received for the full value of your holiday cost. Your travel documentation will be sent to you by ordinary post or made available for collection, or sent by special delivery or courier upon the payment of a fee. Non-UK residents may incur an additional delivery charge. For some countries you will be handed your internal flight/train/hotel vouchers by your tour manager/the Operator representative on arrival at your holiday destination.

 

4) Special Requests

Where special requests for flight seats, room allocation, diet considerations etc. are requested, we, the Operator must be made aware of them in writing at the time of booking. Whilst every effort will be made to ensure that these requests are fulfilled, they cannot be guaranteed. Furthermore, the Operator will not be liable for claims for consequential loss where written advice of special needs and requirements has not been received in writing at the time of booking.

 

5) If you have booked using the services of a Travel Agent

Any travel representative through whom you have made a booking, will act to relay information from you to us and vice versa. The

Operator is not responsible for any failure by your travel representative to do this properly, or in good time, or for any advice given to you by your travel representative which did not originate from the Operator. Any money you pay to your travel representative for your booking will be held by the representative on your behalf until it is paid to us.

 

6) If you make a change to your booking

  • If you wish to make any alterations to your holiday after the booking confirmation has been issued, and we are able to make the required change with our supplier, an amendment fee of £75 per alteration per person will apply. However, if you change your booking less than 8 weeks before departure, this will be treated as a cancellation and a new booking and you will be liable for the cancellation charges set out in this contract. Please note that a request to change the date(s) of a holiday is a cancellation of the holiday booked and the provisions of clause 8 will apply. Please note that a desire to transfer your booking to another person is not an alteration
  • If you wish to change any aspect of your holiday / tour/ cruise after it has commenced, the Operator and/or their agents will do their best to accommodate your request, subject to you being responsible for any cancellation/retention charges that may be levied for the arrangements originally booked, for the cost of your new arrangements and for any costs incurred by the Operator and/or their agents in attempting to secure or securing any revised arrangements.

 

7) Alterations Made To your Holiday Itinerary

(a) The Operator reserves the right to alter any of the prices, facilities or services described in its website or promotional material at any time. Any changes will be notified to you at the time you make your booking or if after you have made a booking as soon as possible. Such changes will normally be minor, but may be major - i.e. a change of scheduled departure time by more than 12 hours, a change of airport except between airports serving the same city/resort, a change to a lower standard of accommodation, a change of resort or a radical change of itinerary.
(b)

If there is a major change the Operator will try to inform you or your travel representative as soon as possible and offer you the choice of alternative arrangements or a refund of all monies paid. In addition, unless the material change is caused by ‘force majeure' (defined below), you will be entitled to receive compensation on the following scale: -

Period before departure when you are notified of a material change
Compensation per person
More than 42 days - £10.00
42-29 days - £20.00
28-15 days - £25.00
14-0 days - £30.00

Force majeure includes but is not limited to war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, acts of God, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or any unforeseeable or unavoidable event beyond the control of the Operator or its suppliers.

(c) A minor change is any change, which does not come within the definition of a major change. Although the Operator will try to notify you of minor changes, it is not obliged to do so, nor is it obliged to offer you the opportunity to change your booking, receive a refund or receive compensation. Where necessary, hotel accommodation and reasonable sustenance during any delay will be provided to you at no additional charge or we will indemnify you in respect of the same;
(d) If , after you depart, it becomes apparent that a significant proportion (more than 50% of the land arrangements) you have booked cannot be provided, the Operator will make suitable alternative arrangements at no extra cost to you and will, where appropriate and provided the change in your arrangements has not been caused by force majeure, compensate you for the difference in value between the arrangements you should have received and the alternative arrangements made. In particular, because the Operator neither owns, manages nor controls the accommodation / transportation that it uses, it is possible that the Operator may be advised that your reserved accommodation is not available when you arrive at your destination. In this event the Operator will endeavour to secure accommodation of at least the same standard in that destination. If only accommodation of a lower standard is available the Operator will refund the difference between the prices of the accommodation booked and that received, and will pay £30 per person for any inconvenience caused. The amount will be paid on your return from holiday. When making payment, we are entitled to deduct any money which you have received or are due to receive from any of our suppliers or third party in connection with the changes made

8) Cancellation by You

(a) Should you wish to cancel your booking you must notify the Operator in writing. Such notification will only be deemed to have been given on receipt of your letter, since we can only act on receipt. The following cancellation charges will apply: -
More than 35 days of departure date - Loss of Deposit
35 to 08 days of departure date - Loss of 95% of your total holiday cost
07 to 0 days of departure date or later - Loss of 100% of your total holiday cost
(b)

No allowance or refunds can be made for meals, rooms, excursions etc., included in the price of your tour but not taken, nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers. Please note that a desire to move your booked holiday to another date is a cancellation of the booked holiday and not an alteration.

 

9) Cancellation By Us

The Operator tries never to cancel a client's holiday, but must reserve the right to do so. Should your holiday be cancelled the Operator will inform you or your travel representative as soon as practicable and you will have the option of choosing an alternative holiday of a comparable standard, if available, or receiving a prompt refund of all monies paid to the Operator

for your holiday (excluding any insurance premium or visa charges). In addition, unless the cancellation has been caused by force majeure or the minimum number of bookings for that holiday has not been achieved, the Operator will pay you the compensation amounts set out in clause 7.

 

10) Prices

Prices are based upon the available rates at the time of booking which can alter due to exchange rates as well as pricing of all the components of your holiday, In the case of any small variation, an amount equivalent to 2% of the price of the travel arrangements, (excluding insurance premiums and any amendment charges), will be absorbed by the Operator. For larger variations than this, 2% will still be absorbed for increases. If this means that you have to pay an increase of more than 10% for the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your last booking confirmation / invoice.

 

11) Your Responsibilities

You have certain responsibilities with regard to your holiday booking, and these responsibilities are set out below. The Operator will not be liable for any loss, damage, illness, discomfort or costs of whatever kind which you may sustain as a result of failing to discharge the responsibilities described in this clause: -

(i) Visas: It is the client's responsibility to be in possession of such visa permits as may be required for the whole of the tour. General information concerning visa requirements is set out below. We will notify you of any changes to visa requirements, which occur before your confirmation invoice is issued, but please note that further changes could take place before you travel. All clients must obtain all necessary visas and relevant documentation prior to departure.

(ii) Passports: A valid passport (valid for at least 6 months beyond the end of your holiday) is required for travel.

(iii) Health: We recommend that all clients should do the following before they travel:

Read Health Advice for Travellers (T6) available from your local Department of Health office or the Health Literature Line on 0800 555 777. The latest Foreign Office Advice notifications are also available on CEEFAX - BBC2, pages 470 onwards or on the Foreign & Commonwealth Office website at www.fco.gov.uk/knowbeforeyougo . You should consult your doctor on current inoculations before you depart. If you have any medical condition that may affect your ability to enjoy and pursue fully the arrangements you book with us, you must notify us immediately. The Operator reserves the right, where appropriate, to ask you to provide written certification of your medical fitness prior to departure. It is your responsibility to ensure that you obtain all recommended inoculations, take all recommended medication and follow all medical advice in relation to your holiday.

(iv) Documents: It is YOUR responsibility to ensure that passports, visas, vaccination certificates and all other necessary documents are in order and, where appropriate, in your possession. It is also your responsibility to arrange adequate insurance cover for your booking and to take relevant details of the policy with you.

(v) Transportation: It is your responsibility to ensure that you arrive in good time to board all flights or other methods of transportation. To assist you, we will notify you of the times by which you should arrive at all points of departure. If you miss a flight or other transportation we will try to arrange alternative transportation, but reserve the right to recover from you any costs we incur in making such arrangements.

(vi) Behaviour: You must not behave in a way which may cause distress or cause an annoyance to others or which may create the risk of danger or damage to property. If you are subject to arrest, or are prevented from travelling at the discretion of an airline or other transport providers, or if you are evicted from a hotel at the discretion of the hotel management, the Operator will not refund any portion of the cost of your holiday and, if the Operator incurs any expense as a result of your behaviour, you will be obliged to compensate the Operator for that expense. The Operator pursues a policy of debt recovery through whatever means appropriate.

 

12) Our Responsibilities

We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as described on this website or in any amendments to it. These services will be provided by independent suppliers contracted by us. Overseas safety standards are generally much lower than in the UK - for example, few hotels yet meet EU fire safety recommendations. This may be the case even in Europe .

 

13) Liability

(a)

We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

i) The fault of the person(s) affected or any member(s) of his/her party or
ii) The fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
iii) An event of circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care
iv) The fault of anyone who is not carrying out work for us (generally or in particular) at the time.

(b)

Bookings on adventure holidays are accepted on the understanding that you appreciate the possible risks inherent in adventure travel and that you undertake the tours, treks or expeditions featured in the programme at you own volition.

(c) In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

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 your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure, and we have not agreed to arrange them.

(d) For claims or complaints concerning international travel by air or road or involving a stay at a hotel, the most we will have to pay you is the most we would have to pay you if we were a carrier or hotel keeper in accordance with the applicable International Convention or regulation. When making any payment, we are entitled to deduct any money, which you have received or are due to receive from the carrier or hotelier for the complaint or claim in question.

14) Website & promotional materials accuracy

All facts on our website and in our promotional material are checked by us in consultation with our overseas suppliers. Changes can occur, which are beyond our control. If you have already booked, we'll do our best to tell you about changes, if there is time, before departure. Please note that where artist's impressions and computer generated Images have been used, it is intended solely to give you an idea of how the property will look. It is not always an exact replica of the finished building. Should details change, we will advise you of the alterations via our website, or if you have already booked, by post as soon as possible.

 

15) If you have a complaint

Please tell our local representatives immediately and they will attempt to resolve the matter to your satisfaction. It is in everyone's interests to sort the matter out as quickly as possible. If the matter cannot be resolved, then please report the matter to our representative and then follow it up in writing to us, within 28 days, on your return to the UK by sending your letter by recorded delivery to Customer Services, Rex Air Limited, Warwick House, 9 Warwick Street , London W1R 6JL . We will respond within 28 days of receipt of your letter. Please ensure that your booking reference and any pictures are included. If you fail to do this, any right to compensation, which you may have, will be extinguished or reduced.

 

16) What your holiday price includes

Your holiday price includes items as listed on your latest booking confirmation. In addition and where flight(s) are included, we have also included Prepayable Taxes and service Charges.

 

17) Travel Insurance

It is a condition of your contract with us that you take out insurance at the time of your booking, or prior to payment of the balance of your holiday cost, and if you do not purchase the policy we offer, you must purchase an appropriate alternative and provide us with proof thereof when you pay the balance of your holiday cost. The Operator cannot be held responsible if you purchase an inadequate insurance policy or if you fail to notify the Operator of factors affecting your particular requirements for cover. Insurance premiums should be paid at the time of booking and are non-refundable. They are not considered to be part of the “Holiday Price”, but are a necessary supplement to it. The Operator reserves the right to exclude, without refund or recompense, a client who does not have appropriate insurance cover from those activities forming part of the tour for which adequate insurance cover is in the opinion of the Operator required.

 

18) What your holiday price excludes:

Inter Alia, travel insurance, the cost of personal items such as laundry, drinks with meals incidentals etc., airport security charges if levied by any airport to cover the cost of security arrangements, airport departure taxes payable locally, optional excursions / extras, cost of visas, passports, transport between your residence and UK airport / port / station, gratuities for service provided on a personal basis, meals other than those specified.

 

19) Transportation

Air, rail, road and other departure times are supplied by our nominated representatives /carriers. They are subject to, air traffic control restrictions, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that departures will take place at the times shown either on the Operator's website, your documentation or your booking confirmation. The timings are estimates only. The Operator does not have any liability to you for any delays which may arise. Further, your dealings with all representatives /carriers are subject to the conditions of carriage of the carrier, some of which may limit or exclude liability. We will supply you with relevant details concerning your transportation at the time of booking. However, if any of these details change subsequently, and you choose to cancel as a result, our normal cancellation charges will apply. Any arrangements in the event of a delay will be at the sole discretion of the airline or other representatives/carrier involved.

 

20) Excursions/Agents and Representative

(a)

Excursions only form part of your holiday arrangements if they are described in a tour itinerary or are purchased before departure.

 
(b)

Our acceptance of liability for the acts of our representatives or agents is only binding if our representatives or agents are acting with our authority and/or performing their duties as described. This excludes for example any social contact that you may have with them.

21) Data Protection

It may be necessary to ask you for details of a personal nature such as dietary requirements, physical/ medical disabilities. It may be passed to suppliers who at our discretion need to know such details in advance. We may also use your details to pass to other divisions in our company whom we may feel would be of interest to yourself. This information will be held in the company and open for your inspection Monday - Friday during our business hours. Notice is required.

22) Financial Security

The Operator has complied with financial bonding requirements of the Civil Aviation Authority ATOL Licence no. 3935 to ensure that clients would be repatriated and/or refunded in the unlikely event of the Operator insolvency.

  Print This Page Close This Page