Terms And Conditions

The following Booking Conditions together with the Things You Should Know section form the basis of your contract with Treyn Holidays Limited – part of Great Rail Journeys Limited. Please read them carefully as they set out our respective rights and obligations.

1. Making your booking

The party leader is responsible for making all payments due to us as referred to in clause 2. Once we or your Travel Agent have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by sending a booking confirmation letter/invoice to your Travel Agent or the party leader. Everyone going on holiday must check all documents (including the booking confirmation letter/invoice) carefully. Contact us or your Travel Agent immediately if any information which appears on any document appears to be incorrect or incomplete as it may not be possible to make changes later. A provisional booking can be made by phone but you must make the applicable payment within 7 days of the booking being made, or the provisional booking will automatically lapse.

2. Payment

In order to confirm your chosen holiday the appropriate deposit per person as detailed on the relevant tour page or full payment if booking within 60 days of departure (70 days for cruise holidays) and all applicable insurance premiums (if our insurance is required) must be paid at the time of booking. Monies paid to your Travel Agent are held by them on your behalf until we issue confirmation and thereafter they hold the monies on our behalf. Deposits are not refundable except where expressly stated in these booking conditions. The balance of the cost of your holiday must be paid no less than 60 days before departure (70 days for cruise holidays). If you are paying by credit card, a charge of 2% will apply (no charge will be applied for payments made by cheque or debit cards). If you are paying by credit/debit card and payment is declined for any reason, a charge of £30 will be made which will be waived if you decide to pay by cheque instead. A minimum deposit of 20% is required for any booking variations including flight and hotel upgrades. If you return your payment counterfoil before the date payment is due, this authorises us to take payment early. If we or your Travel Agent do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled.

3.Your contract

A binding contract between us comes into existence when we or your Travel Agent confirm the booking. 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 under the ABTA or AITO Arbitration Schemes (if the Scheme is available for the claim in question – see clause 11) or by the Courts of England and Wales only.

4. Price Guarantee

Before you make a booking, we will give you the basic price for your chosen holiday. Upgrades or additional facilities which you have requested are on a request basis with our suppliers and prices for these will only be confirmed once we have the prices confirmed by our suppliers – see clause 14. Once you have accepted the basic price and a booking has been made, that price is fully guaranteed and will not be subject to any surcharges. We reserve the right to increase or decrease the price of unsold holidays at any time. Please note changes and errors occasionally occur. You must check all details of your holiday (including the price) at the time of booking.

5. Alterations to your booking

Please notify us or your Travel Agent in writing if you wish to transfer to another available holiday in this brochure, depart on a different date or make other alterations to your confirmed holiday. Any alteration requested 60 days or more prior to departure will be subject to a minimum alteration fee of £30 per person together with any costs or charges incurred or imposed by any of our suppliers. Any alteration to your booking requested less than 60 days (70 for cruise holidays) prior to departure will be regarded as a cancellation and cancellation charges as set out in clause 6 will be payable. Name changes can be made up to 21 days prior to departure for an alteration fee of £30 per person together with any costs or charges incurred or imposed by any of our suppliers.

6. Cancellation by you

If you wish to cancel, notice can be given verbally but must be followed up in writing by the party leader by registered post or fax. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums arranged through us are not normally refundable. Amendment charges are not refundable. The amount of the cancellation fee depends upon the date when the written notice of cancellation is received by us. The scale of cancellation charges is as follows:

Non-cruise holidays

• 61 days or more                                       Loss of deposit

• From 42 to 60 days                                  30% of final invoice

• From 28 to 41 days                                  50% of final invoice

• From 14 to 27 days                                  75% of final invoice

• 13 days or less prior to departure              100% of final invoice

Cruise holidays

• 71 days or more                                       Loss of deposit

• From 61 to 70 days                                  30% of final invoice

• From 28 to 60 days                                  60% of final invoice

• From 14 to 27 days                                  75% of final invoice

• 13 days or less prior to departure              100% of final invoice

Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

7. Changes & cancellations by us

Occasionally, we have to make changes to and correct errors in the brochure and other details, both before and after bookings have been confirmed and cancel confirmed bookings. We must reserve the right to do so. Most changes are minor. Occasionally, we have to make a “significant change” before departure such as a change of accommodation to that of a lower official classification or standard or of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of 12 or more hours, a change of UK departure point to one which is significantly more inconvenient for you or a significant change of itinerary missing out one or more major destinations substantially or altogether. All escorted holidays are organised on the basis of a minimum number of clients (usually 15). In the unlikely event the holiday has to be cancelled because of insufficient numbers, you will be informed at least 60 days prior to departure. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:

• accepting the changed arrangements or

• purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays and pay the applicable price. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper, or

• cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note, the above options are not available and no compensation will be paid where any change made is a minor one. If we have to make a significant change or cancel we will, where appropriate, pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. 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 or 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 or where we have to cancel because the minimum number of bookings required to run your holiday has not been reached - see above. Very rarely, we may be obliged as a result of “force majeure” (see clause 8) to change or terminate your holiday 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.

8. Force majeure

Except where otherwise expressly stated in these booking 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 damage or loss (as more fully described in clause 9(1) below) as a result of “force majeure”. In these booking 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 war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

9. Our liability to you

(1) 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 booking conditions, 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).

(2) 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:

- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or

- “force majeure” as defined in clause 8 above.

(3) 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 and any excursion you purchase during your holiday. Please also see clause 14 “Excursions, Activities and Brochure Information”.

(4) 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. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.

(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. 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 £1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 9(6) below. 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 insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 9(6) 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.

(6) 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 sea or rail 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 would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Athens convention for international travel by sea and the Berne convention for 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 for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

10. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our Tour Manager and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.

11. Arbitration

Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by the Association of British Travel Agents Ltd (ABTA) and administered independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). Alternatively, AITO’s Independent Dispute Settlement Service (details on request from the Association of Independent Tour Operators, 133a St Margaret’s Road, Twickenham TW1 1RG) may be called upon by either side to bring the matter to a speedy and amicable solution.

12. Conditions of suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 9(6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

13. Special requests and medical problems

If you have any special request, you must advise us or your Travel Agent in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, ie: any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your holiday or has any health or fitness concerns which may affect your ability to cope with the tour, please give us full details before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. You must also advise us as soon as possible of any change in any disability or medical condition or your health or fitness. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or their health /fitness/ disability/ medical condition deteriorates, cancel when we become aware of these details.

14. Excursions, activities and brochure information

The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your Travel Agent at the time of booking. We may provide you with information (in our brochure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 10 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 cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area(s) you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.

15. Rail Reservations

We request rail reservations many months in advance and although we do our best to follow the routes noted in the itinerary there might be occasions when a different routing and/or departure time is necessary due to timetable variations or seat availability. Increasingly, trains are 100% non-smoking and reservations are requested in non-smoking accommodation, although at busy times we may be allocated some smoking seats. We cannot make specific requests for smoking seats. Prices quoted in this brochure are based on special fares, negotiated with our rail partners for group travel. Should you wish to travel on any Eurostar or other rail service, other than that included as part of your group holiday, a rail variation charge of £20 per person per service will apply in addition to the difference between our special group fare and the normal published fare applicable at the time of request for the journey in question. Any change involving sleeper services will be quoted on an individual basis.

16. Suitability and behaviour

We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it does or is likely, in our reasonable opinion, or in the opinion of any Tour Manager or any other person in authority, to cause distress, damage, danger or annoyance to any third party, or to cause damage to property. In these circumstances all our obligations to you under this contract or otherwise shall cease, full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever. These rules apply if you are prevented from travelling because in the reasonable opinion of any person in authority (including office staff or your Tour Manager when you join your holiday), your physical condition means you are likely to be incapable of coping with the tour or to experience significant difficulties in doing so. It is your responsibility to disclose an accurate account of your mobility and all other relevant information relating to your health and fitness at the time of booking.

17. Financial Protection

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and your repatriation in the event of our insolvency. We provide this security by way of a bond held by ABTA (Number V2170 (www.abta.co.uk)