TERMS AND CONDITIONS OF BOOKING - Updated for 2009 Tours
PLUS GENERAL INFORMATION Printable version (pdf)>>
FOR YOUR INFORMATION AND PROTECTION,
PLEASE READ THESE TERM S& CONDITIONS CAREFULLY!
Also, please read the important pricing and flight booking changes for 2009>>
1. Consumer Protection: The air holidays and flights within this brochure are all ATOL protected. Our ATOL number is ATOL 6156 and this was issued by the Civil Aviation Authority. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have to me for an advance booking. For further information visit their web-site at www.atol.org.uk .
2. Financial Security: The EC Package Travel, Package Holiday and Package Tour Regulations 1992 state that all clients’ money must be fully protected. You can rest assured that BIRDSEEKERS holidays are covered by the regulations and security of a Clients Trust Account.
3. Reservations: To make a reservation, complete and return the booking form, together with a cheque made out to BIRDSEEKERS for the deposit for the tour you are interested in. We will then send you an invoice showing deposit paid and balance due date. Provisional bookings may be made by telephone as long as booking form and deposit follow within 10 days. Because of the popularity of some tours they are liable to be booked up quickly. It is in your own interest to get your deposit in early to avoid disappointment as we can only confirm reservations with paid deposits (and accept reservations) in order of receipt. Bookings are welcome up to the last minute; please contact us for details of vacancies. Please note if booking your own flights we must be informed of your arrival/departure times and dates and these must only be booked when we have confirmed that a tour has sufficient numbers to go ahead.
4. Payment: The balance for all bookings must be paid 12 weeks before the holiday is due to commence. You will be sent an invoice showing monies paid and the balance due for the holiday you have chosen; if the said balance is not paid by the due date the booking will be deemed to have been cancelled. Payment should be by cheque made out to BIRDSEEKERS. Please note that we do not accept payments by post-dated cheques or credit cards. We do accept bank transfers but note that you are responsible for any bank charges. After receipt of balance we will send you written confirmation of all monies paid, along with advisory notes, names of other group members, and bird check list for your particular holiday.
5. Cancellations: Any cancellation must be sent to us in writing and signed by whoever signed the booking form. In the event of you canceling your booking at any stage, all payments you have made to us will be retained by us, except at our discretion. Please ensure you take out adequate insurance to cover this as early as possible. Please note that in some circumstances we would have secured accommodations or paid out deposits and in these instances you will be invoiced for outstanding money that is not recoverable by us from any of our agents. You may have the opportunity to transfer your booking to another person, provided you are unavoidably prevented from coming on the tour, and bear any extra costs that such changes may incur. Please note that once you have paid your tour deposit and if using Birdseekers to book your flights, and we find the flight to be significantly higher than the provisional cost in our brochure, then you reserve the right to cancel the tour but please be aware that your deposit becomes non-refundable.
If it becomes necessary that we have to cancel a particular holiday, whether it through insufficient reservations, illness etc, then all deposits, insurances and other payments will be refunded in full.
6. Insurance: BIRDSEEKERS no longer offers travel insurance, simply because of new legislation and because there are many schemes widely available on the high street. It is a condition of booking that all clients must take out adequate holiday insurance. This should be taken out at time of booking and we accept no responsibility for any person who has not covered themselves for medical/repatriation expenses while abroad and cancellation/curtailment charges in the event that you, or a close traveling companion/relative fall ill either before or during the tour. You need to be covered from time of booking your holiday, until the time you return home. Please note that regular travel insurance does not provide sufficient cover for expensive optical and photographic equipment. You need to have these items covered by your household policy or take out a specialised insurance.
7. Passports and Visa Requirements: It is your responsibility to ensure that you have a valid passport and where necessary a visa or Yellow Fever certificate. Your passport should be valid for at least six months after the duration of your holiday. If a visa is required for holders of British Citizens Passports, then you will be advised under the holiday’s itinerary, and note that you are normally responsible for obtaining your visa from the appropriate embassy or consulate. We accept no responsibility for your failure to comply with these regulations.
8. Health and Vaccinations: Because of the constantly changing recommendations as to immunisation requirements, malaria risk or health certificates, it will be your sole responsibility to seek the most up to date information from your G.P or health centre. All costs arising out of failure to comply must be met at your own expense. BIRDSEEKERS will carry a first aid/medical kit appropriate to the area being visited. It must be emphasised that if you do have a health problem or physical limitation, we need to know so we can be prepared in the case of an emergency.
9. Restrictions on Participation and other important details: It is BIRDSEEKERS aim to take small groups on tours that entail a varying amount of strenuous activity. If on occasions the activities become, long, arduous or difficult and this cannot be avoided it will be made perfectly clear in the holiday’s itinerary/details. Some destinations will require early morning starts and possibly late returns, this maximises our opportunities to find and see certain species, and as regular wildlife watchers understand these are by far the most productive times of day. It will be necessary for participants to be able to complete moderate walks of up to several kilometres over a wide variety of terrain. It may be of particular interest to note that some of our tours including the Easy tours base themselves in either one centre, or spend several days in each lodge allowing for a flexible itinerary, resulting in a more relaxed style holiday. There will be the opportunity for those of you who wish, to opt out of any particular excursion and do your own thing at your own expense. You are free to do this but BIRDSEEKERS will not be held responsible for you while making a departure from the itinerary and it must be stressed that this can only be done if the itinerary and the leader allow. Anyone wishing to partake of an activity not within our birdwatching programme may only do this at their own expense and if it does not in any way interfere with ours and the group’s schedule. Small groups call for consideration from all participants so that we may all enjoy the holiday. Any antisocial behaviour (swearing, smoking etc) that could be detrimental to the enjoyment of a tour by the other group members, shall be deemed to be unacceptable. If after complaints from other tour members the leader finds any person still unable to conduct themselves in a manner seen fit, then they reserve the right as tour leader to send them home at their own expense. If you have any health problems or restrictions please contact us and we can advise as to your participation in a tour you maybe interested in.
Forest birding: While birding in forests or narrow trails we require the following to be adhered to: when in rows following the leader everyone must rotate on a regular basis – i.e. the person or couple directly behind the leader should allow themselves 3 – 4 minutes before stepping aside and dropping to the rear of the group. This gives everyone an equal opportunity to be in the front and alleviates any frustrations caused by the same people always occupying this position. It is also important that we do not wear bright and gaudy colours while searching for birds, as this will obviously draw attention to ourselves and thus scare off any particular species we may be working hard to find. If the leaders are using tape recorders or trying to track down specific species by call, then it is important to keep silent so as to give us the best chance of finding our quarry. Although we are very good at giving instructions as to the whereabouts of particular species it is essential that you pay attention and listen carefully. It is not only deemed disrespectful to the leaders who work hard to find the birds it also becomes very frustrating if the rest of the group has to wait while we try and re-find a species because you were not aware of what was going on. When you are asked to gather together for a particular species we expect a prompt reaction to this, followed by silence as we explain crucial directions, and in the case of skulking and wary species we ask that you do not move around, open sweet wrappers, undo zips, Velcro straps, step on dead leaf litter or hold inappropriate conversations with other members of the group. This may all sound a bit harsh but many a time we have had persons frighten off incredibly difficult species by any of the above, or simply continue talking and not keeping up with the leaders to know what and where a particular species is or has just been seen. The most frustrating thing for any tour leader is to be continually asked what we are looking at or looking for when it has been pointed out and told on numerous occasions. Please pay attention so that you and all tour participants have the best chances to see everything on offer. It must be remembered that for some clients these tours may be a once in a lifetime event, please respect this and allow them to enjoy and witness everything the leaders can find.
Vehicles: Finally we would draw your attention to the fact that while traveling in vehicles we must again rotate. With a once or twice daily rotation everyone gets a chance to sit in the best seats, if these exist. Note that unless a leader says different, this is not negotiable and you will move positions on a daily rota.
10. Tour Alterations: Circumstances can change i.e. weather conditions, transport, political situations and even bird migration. Because of this Birdseekers and local ground agents reserve the right to change an itinerary and even the advertised leader, especially if we feel it necessary or beneficial to the participants. If major changes are foreseen before the commencement of a tour you will be informed by us in writing, after which you have the option to continue or to cancel. If you decide to cancel your tour then you will be refunded in full. If an itinerary has to be changed by the leader while you are on the holiday then you must respect their professional decision.
11. Group Sizes: Birdwatching holidays are best enjoyed in a small group. This allows for more personal attention and better opportunities for all group members to see and enjoy the bird life. We have restricted clients to a maximum of around 14 per tour, with a minimum of 5 for most holidays to go ahead. With less than 5 the tour may have to be cancelled, while 7 or more will normally be assisted by a second leader. Very occasionally we may go one person over our maximum, thus enabling a couple rather than a single person to fill the tour. There are also some occasions when it may not be viable for us to send a Birdseekers leader, in this rare circumstance you will be asked to meet the local guide at the destination airport.
12. Accommodation: Firstly we would like to say BIRDSEEKERS is generally all in favour of situating ourselves quite often right in the heart of the best birdwatching areas. We pride ourselves on our carefully picked lodgings, wherever possible staying in good quality, comfortable accommodation often of a high standard and mostly with en-suite facilities. This feature has become well known to all BIRDSEEKERS clients, and sets us above any similarly priced tours offered by other companies. Note that many ‘cheap’ tours offered by supposed good value companies, simply do not accommodate you in the best places and you can often find yourselves traveling all day rather than birding. The food we offer in our wide variety of establishments is again normally of the best quality and enhances our reputation even further. Occasionally some destinations, and especially third world countries, may mean us having to stay in more basic accommodation so as to get the best from our birdwatching. In these few instances it will be stated within the holiday’s itinerary. We will always try to accommodate clients who request single rooms, but this is not always possible, and if you are a single traveler who is prepared to share a twin room then I will do my utmost to find you a compatible room-mate. If this is not possible, or if you are not prepared to share, then a single room supplement may apply.
13. Meals: You will find which meals are included within the tour price under each tour’s itinerary. Note that most tours are fully inclusive of all meals, including picnic lunches and sometimes even wine! Most countries where the tap water is unsuitable we will provide bottled water on a daily basis. A few destinations do not include food, and these are normally in the USA and Canada. The choice and variety of eating establishment’s here means you can budget to your own needs, and hence the tour remains very competitively priced. Our choices of hotels and restaurants offering good quality food, show how dedicated we are to providing you with a top quality holiday. Nearly all tours can now cater for vegetarian, coeliac or special needs meals, but please specify this need on our booking form.
14. Itineraries: We have put a lot of thought and ground work into these so as we get the most out of each area visited. It is our aim to provide you with the best possible overall experience. We will take time to appreciate and savour each destination visited, often combining spectacular scenery with just as spectacular birds and other wildlife. Our itineraries are designed to let you see as many species as possible within the particular areas visited. An emphasis will be put on finding and seeing well, interesting or speciality species all at an enjoyable pace. The traveling on certain tours can however be very tiring. Note that the itineraries within our brochure are a guide only and places to be visited and occasionally days may change either prior to or during the tour. There are many factors involved here but whenever a change occurs it will be for the benefit of the said tour. Please respect our decisions in these circumstances. We try not to rush around getting brief views of birds just to build up a huge list. It is very important to us that you come home from a BIRDSEEKERS tour with wonderful memories of birds, other wildlife, and also of new friends made. We really do our best to take care of you and it is this care and commitment that has seen a huge growth in happy and loyal clients. We now have many regulars who after traveling extensively with other bird tour companies, seem extremely happy to stay with us.
15. Tour Information: After we have received your final balance for a particular tour, you will be sent additional information regarding meeting points, currency, clothing, names of your fellow travelers, recommendations, and any other relevant details. You will also be sent a check list of the birds it may be possible to see while fully participating in your chosen tour. As a follow up, each group member can expect to be sent an after tour report within 4 months of return from the holiday. Please contact us if you require any further information. Please note that many of our tour reports are available on the web. www.birdseekers.co.uk . Our tour reports are said to represent the very best reports offered by any birdwatching company, but we cannot produce such high quality work without spending time. Please allow us the time needed for this.
16. Birds and other Wildlife: Any species mentioned in the tour itineraries or check lists are meant as a guide only, and in no way should you expect to see everything mentioned, although you should see a good proportion if you participate fully in the tour. Persons who listen carefully to instructions and pay close attention to the leaders always see the most. Previous tour sightings are listed within the checklists and we try to do a roll-call at the end of each day. We have a few rules regarding bird/wildlife sightings while on tour and these we believe give us the truest and most accurate records. Firstly we do not include leader only sightings. Secondly we need at least two members of the group to see a particular species for it to be entered as a group total. This does not mean we disbelieve single observer sightings but ensures we have as accurate a trip list as possible.
17. Surcharges: Unfortunately as everyone is aware the travel industry is suffering with uncontrollable and escalating costs relating to fuel, flights and an erratic world economy. Never before has BIRDSEEKERS felt the need to pass on such unforeseen and unpredictable surcharges, but in the future this will have to happen. We have tried to control this slightly by separating ground costs and (provisional) flight costs within the brochure. It is the flight costs that we struggle so much with as we price our brochure well in advance of the pre arranged tours. Our new (provisional) flights are based on previous years, or the most up to date costs we can find. If booking a tour and requesting us to book your flights please note we will try and secure a flight as soon as we know a tour is viable, and at a cost as close to the provisional cost as possible. Note that if a flight becomes substantially more expensive than the (provisional) cost within our brochure, we will inform you of the additional surcharge where you then have the option to cancel your tour. If this happens then please be aware that we will retain your holiday deposit, once again stressing how important it is to have holiday insurance. If an increase of less than 25% of the (provisional) flight cost occurs this will not be considered substantial and will be added to your holiday invoice. Other unforeseen cost increases will absorbed by BIRDSEEKERS up to an amount equivalent to 2% of the tour price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged.
18. Liability: We have taken all reasonable steps to ensure that the holidays published in this brochure have been properly arranged. The travel agents, vehicle hire, hotel and restaurants are all reputable. We will accept liability as a direct result of negligence or breach of contractual duty in making arrangements for you, including omissions by our agents. We will not accept liability for claims arising out of carriage by air or sea. We will also not accept liability for matters such as losses or additional expenses incurred as a result of transport delays, sickness, weather, strikes, war or other political crises, acts of God or other events which amount to force majeure.
Please ensure you carry adequate means of payment i.e. credit card to deal with any of the above. If, for example, there are additional costs for accommodation or flights due to say a delayed internal flight, it will be your responsibility to pay for this at the time, and later re-claim from your insurance company. BIRDSEEKERS cannot and will not pay these costs as we are not liable. Under no circumstances whatsoever will a refund be made if the actual flight cost is less than we were originally quoted for.
19. Complaints: In the unlikely event that you have cause to complain you should notify at least one of your party leaders as soon as possible in order that we may assist you. If you are not satisfied there and then, you should write to me stating the nature of the complaint within 28 days of the completion of the holiday
20. Arranging your own flights: Please note that any flights booked through BIRDSEEKERS are covered under our own ATOL licence No. 6156. If booking your own flights this will not be the case. You are welcome to arrange your own flights but be aware that you should not do this until advised by us that the tour is viable, and you have been informed by us of meeting place, time and date. If arranging your own flights airport/hotel transfers will not be included unless you are able to travel with those passengers traveling to and from the U. K. If you need airport transfers or extra hotel bookings then please contact us. You will also need to ensure you reach the joining point on the tour in good time. If this is to be the arrival airport you should arrange to arrive at least one hour earlier than the scheduled arrival time of the group from the U. K. Note that in the event your own arrival flight is delayed beyond the arrival time of the group, it may not be possible for us to delay for long and any costs incurred in catching up with the group would be your own responsibility. Consequently we would advise you to arrange a flight that is scheduled to arrive well in advance of the group arriving from the U. K if at all possible. Similarly if not planning to make your own way to the departure airport, you should arrange your departure flight no earlier than the scheduled departure time of the group from the U. K. We cannot accept any responsibility or you fail to adhere to these recommendations or are prevented somehow from reaching the departure airport in time, as a result of schedule changes, a delayed internal flight, heavy traffic or other unforeseen circumstances. Please ensure that the BIRDSEEKERS office is aware of your flight times, and both joining and departing plans so as everything runs smoothly. Further explanation of pricing and flight booking changes for 2009>>
21. Booking flights through BIRDSEEKERS: If you wish us to arrange your flight you must request this on our booking form at which time you will be accepting our full terms and conditions. As we use agents to arrange our flights a £30 booking fee will be added to your invoice. Please note that we will do our very best to arrange a flight as close to the brochures (provisional) flight cost as possible. In the event of this being different please see – condition 17. We will try and book an economy seat flight as soon as the tour becomes viable. If you wish to upgrade to business or first class then please advise us so as we can re-calculate the cost. The route you fly will be determined by the flight cost and availability as well as preferred arrival and departure times. If you take the option of BIRDSEEKERS arranging your flights you will accept the routes and times that we provide, plus any surcharges that have to be implemented as above – condition 17. This is a difficult time with regards traveling and your cooperation and understanding is important to assure smooth arrangements and all booking arrangements work for both parties. Further explanation of pricing and flight booking changes for 2009>>
22. Contracts: When you sign the booking form you are entering into a contract made with Steve Bird, trading as BIRDSEEKERS, 2a Plymouth Road, Plympton, Plymouth, Devon, PL7 4JR. This means that you agree to accept all the conditions of booking. My written confirmation of your booking means that I agree to operate your holiday as stated in the brochure. The contract is governed by English law and is subject to the exclusive jurisdiction of the English courts.
Updated July 2008
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