TERMS AND CONDITIONS
“We/us” Means “Kernow Travel Company”
“The Event” Means any holiday, accommodation, activity or function organised or advertised by us.
“You” Means the person who has signed the booking form and includes all the people on whose behalf you have signed.
“Supplier” Means the company or person that is holding or providing the event or any part of it.
“Price” Means the total cost of the event.
1: Our Details
We are the Kernow Travel Company, a limited company incorporated in England trading as Kernow Travel Company, Experience Albania, Florida Travel Company, Shalom Tours and Cornwall Travel Company (Company Number 12172063 ) whose trading and registered address is at
Health and Wellbeing Innovation Centre, Treliske, Truro, Cornwall, TR1 3FF, United Kingdom. We are specialist travel organisers and our business operates out of the United Kingdom (UK).
2: Application of These Booking Conditions
Your contract with us is subject to these booking conditions. A contract will exist between us once you have paid your deposit (or such other fee as may be appropriate, for example where you are making a ‘late booking’) and we have issued you with our booking confirmation. If any part of our contract with you is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and agree on behalf of everyone travelling in your party to be bound by them. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.
Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted these booking conditions.
3: Law and Jurisdiction
This contract is governed by English Law and the exclusive jurisdiction of the English courts.
4: Financial Protection
Your Financial Protection. When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
From 18 November 2020 when you buy a package holiday that does not include a flight, protection is provided by way of financial protection issued by the PTS – Protected Trust Services
5: Protected Trust Services
We are a Member of PTS – Protected Trust Services, membership number 5627. Any funds paid for bookings taken on or after 18 November 2020 are fully protected and held in a trust account by Protected Trust Services Ltd. We are obliged to maintain a high standard of service to you according to PTS Code of Conduct.
6: Data Protection
7: The Price of Your Holiday and Payment
You will be notified at the time of booking of the price of your holiday. What this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation. You will be required at the time of booking to pay us a non-refundable deposit, typically (but not exclusively) £100 or 10% per person and the full holiday price of a booking should be made at between 90 and 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require the cost of the flights involved prior to the 90 – 60 days. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 8.3).
We accept cheques and bank transfers. There are no fees for any payment method. If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of £25 per booking.
Your holiday price does not normally include:
Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, resort fees, fuel and extras for car hire.
Taxes or compulsory charges introduced by governments, regulatory bodies or airlines after you have booked.
Security charges introduced or increased after you have booked relating to transportation costs.
8: Changes or Cancellation by You
8.1. Changes by You
You may transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing at least seven days prior to your due date of departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. We will charge an administration fee as set out in (c) below for arranging the transfer and other costs or additional fees may also arise, which you will have to agree to pay before the transfer can be made. For example, many of our suppliers, particularly airlines, cruise companies and safari operators, do not permit us to change names or travel dates and impose full cancellation charges of up to 100%.
(b) Other changes
If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. We require your authority in writing before we can make any change. If a change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
(c) Administration fee
In each of the above circumstances, an administration charge will be payable of £30 per person where your request is received by us 60 days or more prior to your date of departure and £50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing, or in the case of a group booking, the authority in writing of the lead name to do so.
Our cancellation charges will apply (see the table ‘cancellation charges’ at paragraph 8.3 below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.
If you book a holiday that is immediately 100% non-refundable from time of booking, we will notify you at that time.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
8.3. Cancellation charges
Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price):
60 days or more Deposit only plus cost of flights
59 – 43 days: 50%
42 – 29 days: 70%
28 – 7 days: 90%
6 days or less: 100%
9: If We Have to Change or Cancel Your Holiday
9.1 Cancellation by Us
We reserve the right to cancel your booking. We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.
If your holiday is cancelled, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
In the event a refund is paid to you, we will:
Provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).
Period before departure in which we notify you Amount you will receive from us
59 – 43 days: £10
42 – 29 days: £25
28 – 15 days: £45
14 – 8 days: £60
7 – 0 days: £75
This does not exclude you from claiming more if you are entitled to do so.
9.2 Changes to the Price
We can change your holiday price after you’ve booked but only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
9.3 Changes other than the price
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
If you choose to accept a refund:
We will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
We will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you Amount you will receive from us
59 – 43 days: £10
42 – 29 days: £25
28 – 15 days: £45
14 – 8 days: £60
7 – 0 days: £75
10: Your Responsibility
(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Some countries (particularly in Southern Africa) require your passport to have two blank pages for a visa stamp. As a result, if you are travelling in more than one country that requires this you will need to have more blank pages – for example, if you visit South Africa and Namibia, both of which require two free pages, and re-enter South Africa to fly home, you would need six blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport.
(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet any requirements.
(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of your holiday if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to you or others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.
If you have a problem during your holiday, you must inform the relevant supplier whose service is involved (e.g. your hotelier) and our local representative (or if they cannot be reached, please contact us on our 24-hour emergency number (+44 7496 425889)), without undue delay, who will endeavour to put things right. If the problem cannot be resolved locally and you wish to complain, full details must be sent to us in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint whilst on holiday, we will have been deprived of the opportunity to investigate and rectify it whilst you were on holiday and this may affect your rights under this booking.
Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our best to ensure that the holiday goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.
12: Additional assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
You must be fully insured for your holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your holiday, emergency evacuation and repatriation costs in respect of all of your activities. Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption and coronavirus. This can be taken out as an add-on to some travel insurance policies or as stand-alone cover.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Protected Trust Services
All monies paid to us for new bookings made on or after April 6th 2021 are fully protected and held in a trust account by Protected Trust Services Ltd. For more information on Protected Trust Services please follow this link: https://www.protectedtrustservices.com/services/consumer-protection/
If you have a problem whilst on your booking then you must contact the appropriate person(s) at the earliest opportunity, for example accommodation / restaurant manager. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction then you must write to us within 7 days of the conclusion of the event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within 5 working days and endeavour to deal with the complaint as quickly as possible.
Contracts (Rights of Third Parties) Act 1999
No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
Free Place Promotion
Where offered, one free place shall be allocated to both parties (more than one group booking) as long as each booking meets the minimum required numbers stated on the individual booking(s) paying the full per person price. Both groups must pay in full (based on the minimum requirements) in order for this promotion to apply.
This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
Changes to these Terms and Conditions
We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms; with the exception of reservations already made.
KERNOW TRAVEL COMPANY T/A SHALOM TOURS:
HEALTH AND WELLBEING INNOVATION CENTRE, TRURO, TR1 3FF.
COMPANY NUMBER 12172063