TERMS & CONDITIONS
The following booking conditions, together with the information set out on the booking confirmation you receive from Black Sands Travel Ltd will form the contract between you and us for your holiday with us.
We are Black Sands Travel Ltd, a limited company incorporated in England (company number 11338167) whose registered office is at 36 Freta Road, Bexleyheath, Kent DA6 8NY, United Kingdom ('we', 'us', 'our'). We are tour operators specializing in active holidays in El Medano, Tenerife, and our business operates out of the United Kingdom (UK).
In this contract a reference to "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
Brochure and Website Content: At the time of publishing all brochure and website content is correct. However, content is subject to change, due to currency exchange rate fluctuations and the actions of our suppliers (e.g. hotels, activity providers, transfer companies etc). We will endeavour to notify you of any change known to us and affecting your holiday as soon as possible.
In these terms, the following definitions apply unless the context requires otherwise:
“Start Date”means the date on which we meet to start your holiday.
“Tour”means a holiday organised by Black Sands Travel Ltd.
“Tour Pack”means whatever documents we send to you in hard or soft copy to provide information about your Tour.
2. What is in the holiday
2.1. The following items are included:
2.1.1 accommodation and for hotel accommodation all meals stated in the itinerary;
2.1.2 services of one or more suppliers;
2.2. The following items are not included
2.2.1 return flights to the Tour destination;
2.2.2 all other costs incurred before you begin a transfer or arrive at your accommodation and after you return to the departure point;
2.2.3 travel insurance or any other insurance personal to you;
2.2.4 passport and visa costs;
2.2.5 vaccinations and medication, before, during and after the Tour;
2.2.6 food and drink over and above what we include in the Tour;
2.2.7 gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
3. Booking your holiday
3.1. All holidays are subject to availability. You must contact our offices either by telephone or email to ascertain availability and a quote for the exact cost of your Tour. We will hold a provisional booking for seven days to allow you time to send us your deposit. The deposit (or such other fee as may be appropriate, for example where you are making a 'late booking') must be paid and a Booking Confirmation received from us to confirm the booking. Payment of your deposit, or other such fee, will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions and the contract between us comes into existence at that time. You undertake to pay for the holiday you have booked and we undertake to provide you with the holiday we describe in the brochure.
3.2. 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 providing full and correct details of other members of the booking and for making all payments due to us in accordance with our contract. It is your responsibility to ensure that the details which you supply to us are correct. We shall take it that the lead name has the authority of each of those other people to enter into the contract on the basis of these booking conditions and that the lead name and the other people have agreed to be jointly and severally liable to us.
3.3. If we are unable to accept your booking, we will of course return your payment to you immediately. The balance payment for all tours is due at latest 60 days before departure. We will send you a reminder 1 - 2 weeks before the balance due date. If you are making your booking within this period, full payment will be necessary immediately.
3.4. Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold holidays. We will return to you the balance if our costs change significantly in your favour.
3.5. You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details by completing a form we shall send to you or over the telephone.
3.6. If you book a holiday less than six weeks prior to the departure date you must send us the full payment at the time of booking.
4.1. At the time of booking you will be notified of the full price of your tour. You will be required to pay us a non-refundable deposit, usually 20% of the quoted tour price, unless it is a late booking (made within 60 days of your departure date) when we may ask for a larger deposit or the full balance to be paid immediately. Dependant on the supplier for your accommodation the deposit maybe in excess of the usual 20%. On certain bookings our suppliers may require additional amounts above the usual deposit amount, up to the full balance at the time of booking (for example for tours during extremely busy periods such a Christmas).
4.2. Payments must be made by electronic transfer for which full information will be provided at the time of booking.
4.3. The last date for payment of the balance of the cost of your holiday will be due to us at least sixty (60) days before the Tour Start Date (unless it is a late booking). We will tell you that last date for payment after we have confirmed our acceptance of your booking.
4.4. If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
5. Surcharges and refunds
5.1. The prices given on our web site and in our brochure are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
5.2. No matter what the increase, we shall not increase the cost less than six weeks before the departure date.
5.3. If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance we will return to you all money paid to us.
5.4. Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.
6. Changes and cancellations by you
6.1. We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee of £30 and any additional cost of a different arrangement.
6.2. Where you or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday if we are notified in writing 60 days prior to your date of arrival. If you request a transfer within 60 days of your arrival date we will try our best to assist but can not guarantee that all parts of your holiday can be transferred as some of our suppliers do not permit us to change names or travel dates and impose full cancellation charges. We will pass these on to you in addition to our administration fee, where applicable.
6.3. Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office.
6.4. The cancellation of one or more persons from a booking, but not the total persons is treated as a part cancellation and cancellation charges will apply to those persons being cancelled. Where the cancellation of one member of the booking affects the holiday price, the price will be recalculated and a new invoice issued.
6.5. If you cancel, your deposit will be forfeit.
6.6. We shall charge an additional sum related to the time remaining before the date of departure, as follows:
Period of days before your departure date within which we receive written instructions of cancellation.
Cancellation charge (as a percentage of the total cost of your booking)
60 days or more: Deposit only (usually 20%)
31-59 days: 50%
7 - 30 days: 70%
6 days or less: 100%
6.7. If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.
6.8. We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. Black Sands Travel Ltd can recommend suitable insurers. For further details please refer to paragraph 9.
7. Changes and cancellations by us
7.1. We reserve the right to change travel and tour arrangements. This is necessary because many of our tours involve variables which are outside our control. These include, weather, political issues, currency problems, and accommodation issues.
7.2. Our obligation to you depends on whether the changes are considered 'minor' or 'major'. A 'major' change is one which results in a significant alteration to the essential terms of the contract between us.
7.2.1 'Major' changes include; price; your rental center to a lower standard (see ‘minor changes’ for definition of ‘similar standard; your accommodation to a lower star grading or, where an official star grading is not applicable, to a lower standard (see ‘minor changes’ for definition of ‘similar standard’)
7.2.2 Minor changes: Most changes are minor in nature, such as check in/ check out time. A minor change is any other change which is not a major change. It is unlikely that Black Sands Travel Ltd will be unable to provide the accommodation or rental center as booked, but in that situation we reserve the right to substitute alternative accommodation or rental center of a similar or higher standard. Where accommodation is not officially star graded, similar standard accommodation will be deemed to be that which has the same price as the substituted accommodation as long as it is in the same resort and has the same facilities e.g. number of bedrooms, sea view, number of bathrooms. Where your rental center is changed a similar standard center will be deemed to be that which the location is in the same resort, the price is the same and the equipment is of the same quality.
7.3. W will try to tell you as soon as reasonably possible prior to your due departure date about any minor changes, although we are not obliged to do so. We are not obliged to compensate you for any 'minor' changes made.
7.4. If we have to make a ‘major’ change we will notify you as soon as possible and you will have one of the following options: to agree the change and accept their impact (including on price); to transfer to another Black Sands Travel Ltd tour (subject to availability) paying or receiving a refund/credit in respect of any price difference; to cancel your tour and receive a full refund of all money paid.
7.5. If such problems occur during a tour, we will make alternative arrangements so as to comply as closely as possible to the description of the tour in our brochure.
7.6. If a problem occurs which is so serious that we have to cancel a tour before the date of departure, you may choose to accept either an alternative holiday (paying or receiving a refund/credit in respect of any price difference) or a full refund of all money paid.
7.7. In certain cases we may pay compensation too, at our discretion.
7.8. We are not liable to you in any circumstances for loss or damage or loss of your holiday when:
unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or
the change is ‘minor’. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of check in or other travel arrangements.
You agree that all these provisions are reasonable.
8. Payment Protection
Black Sands Travel Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel, Package Tours Regulations'' all passengers booking with Black Sands Travel Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Black Sands Travel Ltd This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
Claims: In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at . Please ensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
9. Travel Insurance
9.1. It is a condition of your booking that all persons named on the booking, including those substituted or added at a later date, must take out a suitable holiday insurance, in particular to provide them with cover for injury to themselves whilst participating in any sports which are included as an activity in their booking. We recommend that this insurance is taken out at the time of booking so that cover for cancellation can run concurrently with the holiday booking.
9.2. Windsurf rental; we recommend additional insurance to cover damage to windsurf rental equipment as the cost of damage shall be charged by our supplier in the event of you damaging any of their equipment. Black Sands Travel Ltd recommend VDWS Safety Tool insurance and a link to the relevant insurance can be found on our website at www.blacksandstravel.com. Our windsurf rental supplier also offers this insurance in resort.
9.3. (b) Bike rental; Our supplier will require you to sign a contract on arrival stating that you are responsible for the rental bike and other equipment once you have left their premises, meaning that the equipment is not insured by the supplier for theft or damage once it has left the supplier’s premises. We therefore recommend that you ensure you have suitable insurance in place prior to your arrival, which covers the rental equipment for theft and damage.
10. Passport, Visa and Health Requirements
Please note carefully:
10.1. to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
10.2. remember to apply for any necessary visa in good time;
10.3. check with your GP what vaccinations and medication you may require and allow time to obtain them. Details are also available from the National Travel Health Network and Centre www.nathnac.org.
10.4. If you are a national of an EC country and are taking a European tour, you should take your European Health Insurance Card (EHIC) available from main Post Offices or online. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday. Remember to bring certificates and confirmations with you in your hand luggage.
10.5. If you need professional medical care whilst on a tour, we will try to obtain it and inform your travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.
10.6. You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company. We will give you a receipt on your return, for you to pass to your travel insurers.
11. Tour Information
On receipt of full and final payment of your tour we shall send you an itinerary relating to your Tour. This information will include:
11.1. location of your accommodation and rental center and time of check in;
11.2. climate and clothing recommendations;
12. Limitations on our liability
We want you to enjoy a perfect holiday with Black Sands Travel Ltd. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
12.1. any event which happens before you arrive at the accommodation we have arranged for you or after you leave the accommodation at departure;
12.2. any problem arising from your failure to reach the accommodation, for whatever reason; (though we would do our best to help you in any way we reasonably could)
12.3. any aspect of goods or services you buy or accept other than those arranged by us;
12.4. medical problems or physical difficulties, even if you have told us about them in advance;
12.5. medical emergencies;
12.6. your own carelessness or negligence in any aspect of your behaviour whilst with us;
12.7. changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
12.8. problems or issues which we could have resolved whilst on a Tour but which you raise only after your return.
12.9. injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from either:
12.9.1 the act or omission of you or anyone in your party;
12.9.2 the act or omission of a third party not connected with the provision of your holiday.
12.10. services we have not provided. The services and features included in your Tour are those specified in our web site. If you choose to buy other goods or services during your holiday, those are not part of the package we provide. Accordingly we are not liable to you for any happening in connection with that service or those goods.
13. Local standards
13.1. Laws, standards, culture and attitudes are different in many countries from what you reasonable expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.
13.2. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.
13.3. Please also note that 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).
14. Limitation of compensation by international conventions
14.1. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may be make, against us or anyone else. The most we will have to pay you for many claims for personal injury will not exceed what a carrier would pay under, for example, the Paris Convention (with respect to accommodation arrangements). 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.
14.2. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be £500.
14.3. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
15. Help we need from you
15.1. Most Black Sands Travel Ltd holidays require reasonable physical fitness and appropriate clothing for the activity you are participating in.
15.2. You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance or may affect your ability to participate in any activities you have booked, 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 supplier refuses you or any member of your party as a customer as a result of any medical condition or disability.
15.3. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.
15.4. You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking and to remove you and/or any member of your party from any accommodation or any part of 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 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.
15.5. Despite our best endeavours to ensure your holiday runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the accommodation or rental center you are staying at or using, then please contact us. Please remember that we will be unable to help if you only mention the issue on your return from holiday. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note). If you cannot make contact, please ring us and we will attempt to reach them.
We shall try our utmost to provide a happy and fulfilling holiday, but if we fail in any way, do please raise any issue with the relevant supplier or ourselves immediately. If your complaint cannot be satisfied it is not dealt with to your satisfaction at the time of reporting it to the supplier or us then you should give us full details in writing, within 28 days of your return. We cannot respond to verbal complaints. If you fail to notify either us or the supplier whilst you are in resort we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
17.1. In this agreement unless the context otherwise requires:
17.1.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
17.1.2 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
17.1.3 any obligation of any person arising from this agreement may be performed by any other person.
17.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.3. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
17.4. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17.5. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
17.6. We are not liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
17.7. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
Date of Issue June 2018