Terms and Conditions
September 2023
If you booked with Wayfairer before 01 Jan 2023 please refer to our previous Terms & Conditions, found by clicking here.
Summary
The reading and comprehension of the following Terms and Conditions is crucial and mandatory before any booking with Wayfairer.
However, here is a summary of the most important points:
- Prices, including, in some cases, of confirmed bookings, may be subject to change.
- Some confirmed bookings are non-refundable if cancelled by you and it is your responsibility to check if this applies.
- We will be entitled to retain our service fees even if a booking is cancelled or does not proceed for any reason which is not our fault.
- It is your responsibility to make yourself aware of all information relevant to your travel plans, including but not limited to insurance, visa requirements and health precautions.
1. Nature of Travel
Wayfairer Travel Ltd. (“Wayfairer”) specialises in trips which run mostly in developing and in many cases remote areas. You must be aware of the possible dangers of this type of travel (e.g. limited medical facilities in some areas, mountain and river travel, non-standard accommodation), and these conditions can mean a greater risk of discomfort, sickness, theft, natural disaster etc. Standards of health and safety and local regulations are not what we expect in Western Europe or North America. Recommendation or inclusion of an accommodation or service in our brochure, on our website, in an itinerary, or any other promotional material, does not imply that this accommodation or service has been inspected by us, nor that it conforms to any particular health and safety standards. However, we endeavour to visit all our accommodation regularly. You can ask our team to find out the last time an accommodation was inspected directly by a member of our team or our local partners.
It is important to remember that you travel at your own risk, and Wayfairer is not to be held responsible for any accident to you or your property, unless shown to be as a result of gross negligence by Wayfairer. Delays and unexpected cancellations can and do happen, meaning loss of time or changes of plan. Similarly our suppliers may withdraw facilities we have advertised as available without letting us know in advance of your trip. We will always inform you as soon as we are aware of such situation, however, we cannot be held responsible for such situations, nor are we liable for refunds. This is the nature of this type of travel. The itineraries shown should be viewed as an aim rather than a definite objective, as the need for flexibility is an important part of these trips.
2. Ground Arrangements
Wayfairer is making it clear in these Terms & Conditions that delays and changes to methods of transport are common throughout the regions we operate in and that they can run below operational standards that would be regarded as normal in other countries. We cannot accept any claim for indirect or consequential loss arising from the failure of transport suppliers to conform either to timetables supplied by us, or to their own timetables. We cannot accept any claim for shock, loss, distress, whether psychological or financial, arising from deviations from operational standards by third party transport suppliers, whose services form part of our itineraries (whether original or amended). Transport departure times are estimates only. If there are alterations to your itinerary Wayfairer will attempt to inform you as soon as possible, even if we are not obliged to do so.
Various standards of preparation and certain levels of fitness are required for many of our more adventurous itineraries. It is each individual participant’s responsibility to assess their own suitability and to prepare themselves to a suitable level for any of our itineraries. We are unable to refund any money in respect of services from which you withdraw after arrival. With reasonable notice, alternative versions of most of our activities can be organised for our customers and we will endeavour to assist in all reasonable instances.
If you are in any doubt about whether you should travel on any of our itineraries, you should consult your medical adviser. For some of our destinations or itineraries we or our supplier might request a medical certificate and it is your responsibility to provide one.
3. Flights
The flight timings given in your confirmed itinerary are for general guidance only and are subject to change. The latest timings will be shown on your tickets, which you will receive in your pre-departure travel documents. You must accordingly check your tickets very carefully immediately on receipt. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change.
Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges. We are not in a position to assist in the event of a delay. The airline will be responsible for making any necessary arrangements. If your flight is cancelled or delayed, your baggage is delayed or lost, your flight ticket is downgraded, or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 (the Denied Boarding Regulations 2004) or the Montreal Convention, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, loss or delay of baggage, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We have no liability to make any payment to you in relation to the Denied Boarding Regulations or the Montreal Convention, or in respect of any flight cancellation or delay, downgrading of any flight ticket, loss or delay of baggage or denial of any boarding - as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations or the Montreal Convention. If your airline does not comply with these rules, you should make a formal complaint to the Civil Aviation Authority (CAA). Guidance for this can be found at https://www.caa.co.uk/Passengers/Resolving-travel-problems/
4. Your Contract
Bookings are only valid for the dates and routings specified by us and as listed on your booking confirmation.
These Terms & Conditions will act as a contract as soon as payment confirmation is issued by the contract principal, either Wayfairer or by a supplier. If you do not receive a link to these Terms & Conditions by email within a reasonable amount of time, and for whatever reason, it is your responsibility to contact us so a link can be issued. This contract is made on the terms of these booking conditions, which are governed by the Law of England & Wales.
When making 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 the booking conditions of any supplier (contract principal) where we are acting as agent. You might be required by suppliers to sign contracts upon arrival in destination country – Wayfairer cannot be held liable if you refuse to sign.
Wayfairer reserves the right to decline any booking.
5. Financial Protection
Wayfairer is a company committed to customer satisfaction and consumer financial protection and we are proud members of The Association of Bonded Travel Organisers Trust Limited (ABTOT).
ABTOT provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Wayfairer Travel Ltd. (member number 5499), and in the event of their insolvency, protection is provided for:
- Non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Wayfairer Travel.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call the 24/7 helpline on +44 (0) 1702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
Wayfairer also offers ATOL financial protection on flight only bookings via our sub-appointed agency agreement with Travel Pack Marketing and Leisure Services (Travel Pack), whose ATOL license number is 2866. To find out if your flights are covered under the ATOL scheme, not all flights are applicable, you must enquire directly with your sales consultant before purchasing a flight.
6. Pricing and Payment
A booking will be accepted once a non-refundable and non-transferable deposit is received.
All bookings are accepted by a request basis and based on the itinerary and booking details sent to you by your consultant - it is your responsibility to check these details carefully and advise us of any errors immediately.
In certain circumstances, there can be a charge for amending any errors - see section 7 for more details on altering your booking. Whilst your deposit secures your reservation with Wayfairer, it does not guarantee the availability of any hotels or land/water/air tour services. Your holiday cost can change due to external influences, out of our control, such as hotel availability, exchange rates, park fees, fuel surcharges and airlines changing or cancelling services. Final costs are only guaranteed once all services have been confirmed, this is usually after full payment has been made or at least 30 days before departure.
It is your responsibility to ensure that all payment deadlines are met. Wayfairer will endeavour to send out a reminder one week prior to your balance payment date. Full payment deadlines are set to protect your booking as all suppliers are within their rights to raise prices and in some instances cancel bookings. If the balance due date is not met, your travel arrangements may be cancelled, and you may forfeit your deposit.
Payment schedule
Over 12 weeks before departure:
A minimum 30% deposit on the full amount of the holiday is due upon booking. If international flights require ticketing, we will ask for this money additionally as part of your deposit payment. The full balance payment will be due at least 12 weeks before departure.
Within 12 weeks of your departure:
A minimum 30% deposit on the full amount of the holiday is due when booking. Full payment will be required immediately upon confirmation of your holiday availability in most instances when booking within 12 weeks prior to departure date.
7. Changing or Cancelling your Booking
Changing your booking
If you wish to alter your booking arrangements, after payment confirmation has been issued, we will endeavour to assist in making these changes to your booking. Wayfairer may charge a minimum of £50 amendment fee. You should note that it is not always possible to make certain requested amendments. In addition to any charge levied by Wayfairer, the customer will be liable for any additional costs incurred by us or levied by a supplier.
When making a change, the total cost of your holiday must not drop below 90% of your original total booking amount.
Cancelling your booking
Requests to cancel a booking must be made in writing and signed by the client or emailed directly from the client’s own email account. Please note that full cancellation conditions as specified in these Terms & Conditions will apply and we cannot guarantee a refund. Wayfairer reserves the right to apply additional administration fees to any refunds due. Refunds will take approximately 6 weeks to process.
The cancellation fee is calculated as follows:
|
Cancellation Notification Date (number of days prior to departure date) |
Cancellation Fee (Percentage of refund of total booking cost) |
|
84 days + |
75% |
|
31 – 83 |
50% |
|
22 – 30 |
25% |
|
15 – 21 |
10% |
|
0 – 14 |
0% |
Where an additional up-front payment is taken on top of the deposit, and in addition to your 'balance payment', to cover flight payments or other up-front costs that we incur to arrange your holiday, this will be deemed an ‘additional deposit’, and be treated as a part of your non-refundable deposit.
Some hotels do not operate under these conditions and have more restrictive cancellation conditions especially during high season. Wayfairer has to pass these charges on to the client where relevant. Depending on suppliers’ cancellation policies, the above conditions may be modified.
If the cancellation is not for the entire booking (e.g. just one party member) those cancelling may be liable for any single occupancy costs applied to the other members of the original booking.
8. Additional Travel Essentials
Insurance
Please Note: Adequate and valid travel insurance is compulsory for all Wayfairer’s travellers and it is a condition of booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.
Each traveller’s travel insurance should include cover for costs of repatriation (including International medical emergency and air ambulance services) as well as loss of money, personal items or baggage, cancellation or curtailment, personal accident and medical expenses.
We will require your policy number and the 24hr medical emergency contact number of the insurers so that in the event of a medical emergency we may be able to contact the insurers on your behalf. If, at the time of travel, you have failed to provide us with your insurance details or adequate proof of insurance, we reserve the right to refuse you travelling with Wayfairer and will treat this as a cancellation by you.
Wayfairer is not an insurance expert. It is your responsibility to ensure that each traveller obtains adequate travel protection.
Official health and entry requirements
We can offer guidance regarding such matters as visas, vaccination certificates and passport requirements for your trip, but you are ultimately responsible for ensuring that you have the correct documentation and that you take all the necessary health precautions before and during your trip. Wayfairer cannot be held liable if you fail to meet official health and entry requirements; however, we endeavour to always offer advice. Wayfairer cannot accept responsibility for any costs caused by non-compliance in this matter, which may result in you being unable to travel.
Please check the health and medical requirements for the destinations you are visiting with your medical adviser and arrange any necessary vaccinations and medical certificates prior to your departure. Some countries have legal and/or medical requirements for visitors. Clients are advised that throughout all destinations there may be no free health service, and that local vehicle insurance may be of limited value.
The responsibility for obtaining and carrying correct visas, passports and other travel documents remains with the client. Passports should be valid for at least 6 months beyond the date of your intended departure and hold sufficient pages for any visas, entry and exit stamps.
Visa and health requirements frequently change and it is advisable to recheck all requirements close to your departure.
9. Liability
All bookings and arrangements made with Wayfairer are subject to the conditions imposed by our suppliers.
All tickets, vouchers and coupons are issued by Wayfairer in its capacity as an agent. As such, Wayfairer shall not be liable to any customers for loss, damage, delay, injury, cancellation, or additional expense suffered by the customer when it occurs beyond the control of Wayfairer or any of its officials and representatives.
Wayfairer may cancel, suspend, alter, or withdraw a booking at any time, prior to when final payment of the holiday is due. Clients agree to comply with the laws and regulations of all the countries visited on any trip, and comply with all reasonable instructions of the guide relating to the safety and organisation of the trip. Clients are advised that local duties and levies are frequently introduced, amended or increased without warning, and whilst we do our best to inform clients of what local costs are likely to be incurred, we cannot guarantee that further costs may be imposed or increased subsequent to our recent information. Such costs remain the client’s responsibility. We cannot be responsible for the safety and well-being of clients or their belongings.
Our assistance shall not replace the assistance of the relative Consul responsible for you whilst abroad.
Family Trips
Parents and legal guardians are ultimately responsible for the welfare and safety of their children and those under their supervision. Neither Wayfairer, nor any individual acting on behalf of Wayfairer, can be held responsible for the wellbeing and safety of any person legally under your care on our holidays. Any issue arising with someone being under your care will be your responsibility.
You must ensure that you check the specific requirements for any country that you are travelling to or transiting through. Failure to provide the correct documentation may result in denied boarding or being refused entry. Domestic border control may require the same upon your return home. It is your responsibility to ensure that all necessary paperwork is obtained in good time before departure.
Small Group Trips
Wayfairer reserves the right to cancel these trips up to 30 days before departure where minimum numbers have not been reached. Where possible, we will offer you a chance to take part on the same itinerary using one of our partners or on an alternative date. If the cost of this trip is more, you will have to pay the additional fee. In no circumstances will we cancel your tour less than 4 weeks before the scheduled departure date except for reasons of late cancellations from other passengers on your departure, force majeure (as defined below) or failure on your part to pay the final balance. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
Participation Requirements
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in the brochure, itinerary or website.
Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking, if you think it may impact your holiday. This is your responsibility and we will not ask you for this. Failure to make such disclosure will constitute a breach of these Terms & Conditions and result in such persons being unable to hold Wayfairer liable for any consequences, including if they are excluded from any elements of the itinerary and any monies will be forfeited. Wayfairer endeavours to make arrangements for the provision of any medication or other treatment which may be required during the holiday.
10. Data Privacy
To process your booking, send you a brochure or itinerary, or respond to an enquiry, we need to collect personal data from you. Depending on what’s required to confirm your booking, the personal data we collect may include names, contact details, passport, visa, insurance details, and dates of birth, and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (named “sensitive personal data”). All references to personal data include sensitive personal data unless otherwise stated.
The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and our privacy policy and that they consent to your acting on their behalf in your dealings with us.
We may disclose personal data to companies who act as data processors on our behalf. In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling.
All personal information is processed in accordance with our Data Privacy Policy
11. Photography and Testimonials
Any likeness or image of you secured or taken on any of our holidays may be used by Wayfairer without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows or the internet. Any written feedback supplied to Wayfairer may also be used for promotional purposes as detailed above. If you do not agree with your image being used by Wayfairer, you need to inform us in writing prior to departure.
12. Complaints
Should you experience any problem during your holiday with Wayfairer, you must immediately inform your guide or our local supplier offices making them aware of the situation in order that every effort can be made to correct the problem immediately. If you do not report a problem or constraint straight away which, if it had been reported at the time it occurred, could have been quickly resolved, we cannot accept any liability in respect of that problem or complaint. A contact telephone number of all local supplier offices will be included in your travel information before your departure.
If your complaint cannot be resolved in this manner, then you should contact the Wayfairer office either by phone, on +44 (0)117 313 3300 during office hours, or by email and we will endeavour to assist.
Upon return, if your complaint has still not been resolved then you should contact Wayfairer, within 28 days of your return, in writing to our Customer Services Department to our registered office address. Please give your booking/invoice number and a full written summary of your concerns. If you fail to do this, Wayfairer will not have had the opportunity to investigate and rectify your complaint and this may affect your rights under these Terms & Conditions. We are unable to consider any claim where any suitable assistance, advice or alternative of our local representatives has been unsought, rejected or ignored.
We believe the descriptions of the services and facilities on our website are fair and adequate. In the event of faults or omissions by ourselves or those acting for us, appropriate compensation may be payable. Such cases will not include cases caused by 'Force Majeure' (see below) and changes in transport timetables.
13. Force Majeure
At any time Wayfairer may cancel, suspend, alter or withdraw a booking in the event or 'Force Majeure', in which case the client will be refunded monies received by Wayfairer, less any deductions for expenses incurred. Wayfairer cannot accept responsibility or pay any compensation for any loss, delay, cancellation, or alteration of travel arrangements caused by circumstances that amount to 'Force Majeure'. This may include war or threat of war, outbreak or threat of disease, denial of border entry for any undocumented reasons, industrial disputes, fire, extreme and adverse weather conditions, natural disaster, riots/civil strife, terrorist activity, decisions relating to foreign nationals made by the elected or de facto leaders of such areas; and such other circumstances beyond Wayfairer’s reasonable control. In such circumstances, Wayfairer will endeavour to provide alternative necessary travel arrangements to ensure the safe passage for our clients. Any costs incurred are in addition to the original cost of the existing holiday and it may be required for them to be paid in advance.
14. The Website and Hotels
All information provided on the Wayfairer website, brochures and in our itineraries is checked by Wayfairer’s staff and is correct to the best of our knowledge at the time of being published. However, please bear in mind that property owners, hoteliers, restaurateurs, activity operators and organisers etc. may wish to maintain, alter, or improve their facilities at any given time. Circumstances such as these, or weather conditions, time of year etc, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long-term changes, we will always endeavour to advise you prior to departure and to provide suitable alternatives of an equivalent nature or value, if applicable.
IMPORTANT
If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole, or in part, the validity of all other provisions of these conditions and the remainder of the provisions in question shall not be affected. These terms and conditions shall be governed by the laws of England and Wales and any dispute arising shall be determined by the courts within that jurisdiction.