Terms & Conditions
TK HOLIDAYS – TRIPS AND HOLIDAYS BOOKING TERMS
These Booking Terms are the standard terms which shall apply to the booking of all trips and holidays promoted by TK Coach Tours LTD trading as TK Holidays, a company registered in England and Wales under number 10542630 and whose registered address is Unit 3, Crossroads Business Park,Saham RD,Ovington, Thetford, IP25 6RR (the “Company”).
In these Booking Terms, “we”, “us” and “our” are references to the Company, and “you” and “your” are references to the person booking the Trip with us. “Trip” means the trip or holiday you have reserved and which we will provide to you on these Booking Terms.
1. The Contract between us
These Booking Terms and our booking confirmation (the “Booking Confirmation”) will form our Contract (the “Contract”) with you. Under the Contract we agree, subject to these Booking Terms and the Booking Confirmation, to provide the Trip to you and anyone on whose behalf you book the Trip. The Contract is formed when we send you the Booking Confirmation.
The Contract is between you and us. It is not intended to benefit any third party in any way and no such third party will be entitled to enforce any provision of these Booking Terms.
2. Deposits and payments
A deposit (the “Deposit”) is payable at the time of booking. The amount of the Deposit will be made clear at the time you book. The deposit belongs to us as soon as the Contract is formed.
Payments must be made weekly or monthly with the last payment due in accordance to the individual trip’s conditions. If payment has not been received by the due date we will attemt to collect any outstanding payments from your payment card. Failure to pay will result in an administration charge of £10 per month no payment is received, any failed payments will also incur a £10 admin fee.
Failure to pay in full by the due date will result in your booking being cancelled with the cancellation clause brought into effect.
If your booking balance (plus any fees incurred) is not paid by the due date and no agreement in place we reserve the right to cancel your trip/holiday, retain any monies paid and apply the cancellation charges as listed.
Bookings incurring multiple fees are likely to be cancelled with no warning if no effort is made to bring your account up to date and there is sufficient monies paid to cover any costs incurred and cancellation charges. In this instance no refunds will be made.
Bookings are generally final. However, if we agree that you may make changes to a booking, we may charge the following administration fees:
- to add people to your booking (subject to availability) – no fee;
- to remove someone from your booking (only possible 4 months or more prior to date of travel – Lapland Excluded) – £10 for Day trips/1 Night Holidays or £25 for any other Holiday - fee per person plus loss of deposit;
- to cancel a booking and transfer to another trip (only possible 4 months or more prior to date of travel – Lapland Excluded) – £5 for Day trips/1 Night Holidays or £10 for any other Holiday - per person plus loss of deposit;
- to change a name on a booking or transfer a booking to another person (not possible on named tickets) - £25 per person admin fee;
3. Minimum number of passengers
Trips are organised on the basis that a minimum number of persons will travel. If we receive insufficient bookings, we may cancel the Trip, in which case we will notify you of this at least 7 days before the date of the Trip.
When you make a booking, we may act as the agent for another company, which might be the provider of the transportation to and from the Trip. We may substitute the carrier if necessary. When we have confirmed your booking, a contract exists under which we accept responsibility for the provision of all services described to you either in writing or verbally.
5. Changing your mind/cancelling the booking/non-payment of booking
If you change your mind and do not wish to go on the Trip, you must tell us immediately. This must be recieved by post at our listed address which you can find at the bottom of every page.
You may cancel your booking at any time before the start of the Trip, subject to the following:
Cancellation fees for day trip or Trips with 1 night in a hotel:
- for bookings cancelled more than 3 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of £5 per person.
- for bookings cancelled less than 3 months but more than 2 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 25% of the cost of the booking or £5 per person, whichever is greater;
- for bookings cancelled less than 2 months but more than 1 month before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 50% of the cost of the booking or £5 per person, whichever is greater;
- for bookings cancelled less than 1 month before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 100% of the cost of the booking.
Cancellation fees for Trips with more than 1 night in a hotel (even if you book the hotel direct but book travel with us):
- for bookings cancelled more than 4 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of £50 per person.
- for bookings cancelled less than 4 months but more than 3 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 25% of the cost of the booking or £50 per person, whichever is greater;
- for bookings cancelled less than 3 months but more than 2 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 50% of the cost of the booking or £50 per person, whichever is greater;
- for bookings cancelled less than 2 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 100% of the cost of the booking.
Cancellation fees for Lapland ONLY:
- for bookings cancelled more than 6 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of £100 per person.
- for bookings cancelled less than 6 months but more than 5 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 25% of the cost of the booking;
- for bookings cancelled less than 5 months but more than 4 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 50% of the cost of the booking;
- for bookings cancelled less than 4 months before the start of the Trip, we will retain the Deposit and charge a further cancellation fee of 100% of the cost of the booking.
Cancellation of a booking will be granted once the cancellation fee has been paid and any money outstanding settled.
Upon cancellation request, you shall also be liable to pay for any additional items or services we have bought and paid for on your behalf in advance of the Trip (for example, ferry services, connecting transfers, theatre tickets, meals, parking permits, hotel rooms etc). We will do all we can to minimise this liability, but you will have to reimburse us for all non-recoverable charges,
Failure to receive full settlement of our invoices in accordance with our payment terms may result in the matter being referred to our debt collection agents, whose charges will be added to the debt and payable in addition to the original invoice debt.
Any refunds due from a cancelled trip that has had more then the cancellation fee paid (and any other fees incurred) will be processed within 28 working days from date of cancellation and paid by cheque to the lead passenger on the booking.
6. Your failure to attend a Trip
If you fail to attend a Trip, we will not give you a refund of any money you have paid us.
7. If you are late for a Trip
We will not be liable to you if you miss the transport to or from a Trip because you are late for the scheduled departure/return journey.
8. If we make changes to a Trip
Sometimes, we may have to change the details of a Trip. If the changes we make are only minor, we will notify you as soon as possible and the Contract will continue in force. If we have to make a significant change to a Trip, we will notify you as soon as possible and you may cancel your booking and the Contract by notifying us in writing no later than 5 working days of your receipt of our notification. If you cancel in accordance with this Clause 8, we will reimburse in full the Deposit and any other monies we have received from you in respect of the booking.
9. Circumstances beyond our control
We shall not be liable for any delay in performing any of our obligations under the Contract where the delay is due to circumstances beyond our control (for example, exceptionally bad weather, severe traffic congestion, or mechanical breakdowns).
We strongly recommend that you take out travel insurance to cover your booking (particularly when travelling outside of the United Kingdom). It is your responsibility to make all travel insurance arrangements. We shall not be liable for any costs you incur because of your failure to take out adequate (or any) travel insurance.
If you will be travelling to an EU country, we strongly recommend you apply for a European Health Insurance Card. This will ensure you can obtain medical treatment if you become ill overseas. You can obtain an EHI Card from the Department of Health.
11. Our liability to you
We try to ensure the Trip will be as enjoyable and as safe as possible. If anything goes wrong with a Trip that is directly our fault or a result of our negligence, then we accept responsibility to compensate you. We also accept responsibility to compensate you if it is the fault of our staff or anyone else providing the Trip (such as a ferry operator). However, the maximum amount of compensation we will pay you is:
- unlimited, in the case of death or personal injury caused by our negligence;
- unlimited, in the case of our fraud; and
- the price you paid for the Trip, if you suffer any other damages or losses.
We accept no liability for damage, injury or loss for any passenger standing up or walking around our coaches while they are in motion. We accept no liability for any damage to, or loss of, personal property left in our vehicles, howsoever caused. This represents our only liability to you. Nothing in these Booking Terms affects your rights as a consumer.
12. Rules and regulations
During the Trip, you agree to abide by all relevant laws and regulations, and our travel rules (for example, you may not smoke or consume alcohol while travelling on our coaches and you must wear your seat belt at all times our coach is in motion). Any serious or repeated breach(es) of the law or our rules, or any unreasonable conduct by you, will entitle us to cancel your booking or exclude you from the remainder of the Trip, and you will be responsible for your own costs and ours in such circumstances.
13. Fitness to travel
We try to make our Trips accessible to all. But it is important you tell us about any disability you have or any other reason (including illness) that might make it difficult for you to travel at the time you make your booking. If you do not tell us before the Contract is formed, we shall not be liable to you if you are unable to travel to a Trip because we were unable to make any reasonable adjustments necessary to enable you to do so.
If you have a disability or illness, we can provide guidance regarding the suitability of any Trip on an individual basis, but we shall not be liable for any circumstances arising from your failure to disclose any illness or disability which may render the holiday unsuitable or untenable.
If you need a carer ticket at any Trip, you must arrange with the attraction directly. Most attractions require proof of your disability and will then provide a free carer ticket. If you have any questions about this, please contact us and we will look into it for you.
It is your responsability to ensure you are in a fit and well state to travel, failure to inform us of any conditions and/or not produce evidence of any injury/sickness that may impeed your ability to travel with us will cause our contract with yourselves to become null and void hence from that moment forth we will hold no liability towards you. We cannot be held liable for any injury/illness attained from travelling without getting prior advice from a medical professional if you have any pre-diagnosed conditions which may be accessabated by travelling by coach.
14. Other important terms
Passenger Behaviour: We will endeavour to ensure all our passengers have a pleasant and enjoyable journey with us. All passengers are responsible for their own behaviour and hygiene and the effect it may have on other passengers. If you (or anyone on your booking) is disruptive, abusive or behaves in any fashion that may cause damage, injury or distress to others, we hold the right to cancel our contract with you, refuse you any further travel from that point onwards and will hold no further liability or obligation to you or persons on your booking from that point onwards.
Soiling of vehicles: we may impose reasonable additional charges on you following completion of the Trip if you (and/or the passengers in your party) have left the vehicle in an unreasonably untidy or dirty condition.
Other fees associated with Trips: If a Trip involves a hotel stay, the hotel may require a deposit to hold against damages, etc, and/or a tourist tax. If this is required, you will need to pay this to the hotel on arrival. These fees are not in our control or discretion.
Travelling abroad: if the Trip involves travel outside of the United Kingdom and you are a British citizen, then you must bring your valid passport with you. If you are not a British citizen, you should check before booking whether you need a visa for the destination country. We shall not be held liable for any passenger travelling without proper documentation.
Protecting your money: to protect your money we are members of the Travel Regulation Insolvency Protection scheme. This protects the Deposit and the balance of the cost of the Trip. It also includes the costs of repatriation arising from the cancellation or curtailment of your travel arrangements due to our insolvency. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance plc. In the unlikely event of our insolvency, you must inform Towergate Chapman Stevens immediately on +44 (0)1932 334140 or by email at email@example.com. Please ensure you retain the Booking Confirmation as evidence of cover.
Complaints: if you have any complaints during the Trip, you must notify the supplier of the service and you must tell the coach driver/Trip leader as soon as possible. They will try to resolve the problem for you. If they are not able to resolve your complaint, please write to us within 14 days of the Trip, explaining your complaint so we may investigate. We will acknowledge your complaint within 2 working days of its receipt. We will investigate your complaint and respond to it as soon as we reasonably can.
Luggage: our vehicles are subject to statutory safety restrictions on carrying luggage. We may not be able to carry large, bulky items and you must notify us in advance of such requirements.
Lost property: we will hold all articles of lost property recovered from our vehicles at our head office. We will hold such items subject to the Public Service Vehicle (Lost Property) Regulations.
Transfer of the Contract: we may transfer our obligations and rights under these Booking Terms (and under the Contract, as applicable) to a third party (for example, if we sell our business or sub-contract the coach travel to another company). However, your rights under these Booking Terms will not be affected and our obligations under these Booking Terms will be transferred to the third party who will remain bound by them.
Severance: if any of the provisions of these Booking Terms is/are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Booking Terms. The remainder of these Booking Terms shall be valid and enforceable.
Waiver: no failure or delay by us in exercising any of our rights under these Booking Terms means we have waived that right, and no waiver by us of a breach of any provision of these Booking Terms means we will waive any subsequent breach of the same or any other provision.
Our contact details: To contact us, please email firstname.lastname@example.org or write to TK Holidays, Unit 3, Crossroads Business Park, Saham Rd, Ovington, Thetford, IP256RR
Governing law and jurisdiction
These Booking Terms, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
Any claim between you and us relating to these Booking Terms, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
Changes to terms and conditions
These terms and conditions may vary from time to time. It is your responsibility to check for any changes that may affect any bookings you have with us.