The following booking conditions set out the terms and conditions of the contract between you and Your Personal France Ltd t/a The Adventure Creators (company number 04812372) whose registered office is at 75 Plantation Drive, Christchurch, Dorset BH23 5SG, United Kingdom (in these terms and conditions referred to as ‘we’, ‘us’ and ‘our’).
- These booking conditions are correct as of October 2020. We reserve the right to amend these booking conditions at any time prior to accepting your booking. No variation to these booking conditions shall be made by you or accepted by us at any time unless agreed in writing between us.
- We will be the “organiser” of your holiday. We do not own or provide any of the accommodation, services, facilities or travel arrangements which make up your holiday booking. These are provided by third parties with whom we arrange and liaise to provide the services, facilities or travel arrangements which make up your holiday booking (the “suppliers”).
1. Booking confirmation
A contract will only come into existence between you and us when we issue a confirmation email. Prior to doing so, we (or your travel agent) may send you an acknowledgement of your booking request. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
Some accommodation arrangements are only available on a request basis. Where this is the case you will be advised at the time you make your enquiry and details of the arrangements “on request” will be shown on any provisional documentation we issue. Any arrangements that we advise you are “on request” are not confirmed or guaranteed and are also subject to change (including price) until we receive confirmation from our supplier and are able to issue the relevant confirmation email
Please check any confirmation email together with all other documents we (or your travel agent) send you as soon as you receive them. Contact us (or your travel agent immediately) if any information which appears on any documentation appears to be incorrect or incomplete, as it may not be possible to make changes later.
We regret that we cannot accept any responsibility if we are not notified of any inaccuracies in any document within seven days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake.
Each booking will have a lead name, nominated by you. The lead name accepts these booking conditions on behalf of the group, and is responsible for payment of the total booking price, including any subsequent cancellation or amendment charges that may be payable.
He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information in the relevant brochure and on our websites (as applicable).
The lead name on the booking is responsible for payment in full for all people travelling on the booking and as set out in the booking confirmation.
A deposit will be taken at the time of original booking, in order to secure the booking and receive the written confirmation. Your deposit must be not less than 25% of the total cost of the holiday booking for all travellers in the party. For a group booking of more than 15 people the deposit must be not less than 30% of the total cost of the holiday booking for all travellers. Your deposit is non-refundable in any circumstances.
Full payment must be received by us not less than six (6) weeks prior to the holiday start date. This date will be clearly set out on your booking confirmation. If additional people are added to the booking, the lead name on the booking will also be responsible for payment in full for those additional travellers.
If your booking is made less than six (6) weeks prior to the holiday commencement date, full payment will be required on booking.
We accept payment by bank transfer in euros. You are liable for any bank charges applied to the transaction either by your own bank or by our bank. We will recommend and support you on the most cost-effective means to make the transfer.
We can also accept payment by card via a secure link which we will give you should you wish to confirm your holiday booking.
2. Protection of your monies
Any payments you may make to Your Personal France Ltd are protected against our insolvency through an insurance policy with International Passenger Protection Ltd in London.
3. Commercial agency
We act as a commercial agent for the suppliers of the accommodation, activity and transport elements of your holiday.
Where we book accommodation for you, this is booked for your sole use and no sub-letting, sharing or assignment is permitted.
Where we have booked an accommodation on your behalf via an organisation such as Gites de France, we will provide a copy of the relevant terms of that contract to you as the occupant of the property during the let and you agree to be bound by the terms of customer booking contained therein.
If you breach any of the terms of your accommodation booking you will be held liable and responsible to the third-party accommodation provider.
All accommodation gradings and classifications are those provided by the relevant organisations in France.
The arrangements we have made in relation to your holiday including tour arrangements and activity bookings are carried out by us with reasonable skill and care.
Any liability to you will also be limited in accordance with the contractual terms of the suppliers which provide the components of your holiday and in an identical manner as if such limitations applied directly to us.
We cannot be responsible for any services which are in addition to the booking confirmation, for example additional services or facilities booked by you directly with third parties once you are in resort.
Unless otherwise expressly indicated by us in writing, excursions or other activities that you may choose to book or pay for whilst you are away are not part of the holiday provided by us.
For any excursion or other tours 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 and this applies even where one of our team accompanies the tour or activity.
If we are found liable in a court of law for loss and/or damage to luggage or personal possessions the maximum we will pay to you is £1000 per person affected.
Our liability to you in connection with your holiday shall be limited to a maximum of three times the cost of your holiday, except in cases involving death, injury or illness where we or our suppliers have caused such damage intentionally or with negligence.
We have no liability in the following situations:
- Where the accommodation or activity cannot be provided to you due to circumstances outside of our control (see “Force Majeure” clause below)
- Where you suffer loss or damage due to actions or negligence directly attributable to you
- Where you incur any loss or damage that relates to any business activity.
Nothing in these booking conditions affects any statutory rights that you may have under the relevant jurisdiction applicable to you.
5. Changes after booking
As the arrangements which make up your holiday are planned in advance, from time to time we may need to make a change to your holiday. We reserve the right to do so at any time. Most changes are minor changes, examples of which include a change of accommodation (to another of same or higher standard) changes to the order of activities and other elements in a multi-activity itinerary.
However, occasionally we have to notify customers of a significant change that we are constrained to make to the main components of the holiday, or where we cannot fulfil any of your special requirements which we have previously accepted.
In the unlikely event that we have to make a significant change to your holiday booking, we will tell you as soon as reasonably possible. You will then have the option to:
- accept the proposed change. If this results in a holiday of lower quality or cost, you may be entitled to a price reduction
- reject the proposed change and terminate your holiday with a full refund or
- reject the proposed change, terminate your holiday and take an alternative one if we are able to offer this. If you decide to take an alternative holiday, we will inform you of its impact on the price of your booking. If the alternative holiday is of lower quality or cost, you may be entitled to a price reduction
We will give you a reasonable period of time to make your decision, which will usually be 10 days from notification of the proposed change. If we do not hear back from you within this timeframe, we will send a reminder to you, following which we will be entitled to terminate the holiday booking and provide you with a refund.
Independent travel arrangements (e.g. flights, airport parking, car hire, transfers etc. that you may arrange separately) do not form part of our booking and contract with you. Should we need to make any changes to your holiday booking, we will not be liable for any amendment or cancellation charges incurred by you in respect of any such independent travel arrangements.
If we make a significant change to your holiday, we will pay compensation as detailed below. There will be no compensation paid for minor changes. The compensation we offer does not exclude you from claiming more if you are entitled to do so by law.
|PERIOD BEFORE HOLIDAY START DATE IN WHICH WE NOTIFY YOU
|TOTAL AMOUNT COMPENSATION PAYABLE BY US
|More than 29 days
|Less than one day
5.1 Force Majeure/extraordinary circumstances
Compensation (or refunds) will not generally be paid if we cancel your holiday or make a significant change due to unusual or unforeseeable circumstances beyond our control.
These may include but are not restricted to war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, lack or excess of snow, level of water in rivers, epidemics, pandemics, or unavoidable technical problems with transport.
5.2 Price Changes
We may need to change the price of your booking after we have issued our booking confirmation in order to pass on to you changes in (i) accommodation costs levied by a third party (ii) taxes or fees on the travel services included in your booking imposed by third parties, including supplier fees, tourist taxes, equipment hire; or (iii) exchange rates relevant to the booking. We shall only be able to change the price in this way if we notify you of any price increase at least 30 days before the start of your holiday date, together with a calculation and an explanation for this change.
If the price of your booking is increased by more than 10% of its total price, then you may:
- accept and pay for the price increase or
- reject the price increase and terminate your booking with a full refund or
- reject the price increase, terminate your booking and take an alternative holiday if we are able to offer this.
5.3 Cancellation by us
On rare occasions, we may have to cancel your holiday booking and we reserve the right to do so. If we have to do so, we will notify you as soon as reasonably possible.
We will endeavour to offer you an alternative holiday, and inform you of its impact on the price of your original booking.
If the alternative holiday is of lower quality or cost, you may be entitled to a price reduction.
If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the holiday.
If we offer you a reasonable alternative and you choose not to accept it, we are not obliged to give you a refund.
You may be entitled to compensation as a result of our cancellation of your holiday booking, except where we have been prevented from providing the holiday because of extraordinary circumstances and we notify you of the cancellation without undue delay before the start of your holiday.
Some holidays and activities on our website can only be operated if there is sufficient demand for the same and if a sufficient number of people book for the same date.
If there is insufficient demand we reserve the right to cancel the booking in question.
If we have to do so we will tell you as soon as we possibly can, and we will refund any payments you have made to us at the headline exchange rate on the day the refund is made. We will not be responsible for fluctuations in exchange rate.
Where we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
We can also cancel your holiday if you fail to make outstanding payments for your booking when due and in such circumstances, we shall have no further liability to you.
We will send you payment reminders, and notify you in writing if your holiday is cancelled due to non-payment. Any deposit payment you have made will not be refunded.
5.4 Cancellations and changes to activities made by us
We make every effort to deliver all the activities you have booked on your multi-activity holiday. However, it is occasionally necessary to make alterations or cancellations.
This may be due to insufficient numbers, maintenance or operational reasons, health and safety requirements or due to inappropriate weather conditions such as low water levels or lack of snow.
As stated above we recommend taking a snow guarantee as part of your insurance cover.
Where there are alterations to routes or itineraries (e.g. cycling or walking routes) or to the timing/order of activities on your itinerary, no refund or compensation will be offered.
Maintenance or operational reasons means where routine or emergency maintenance or repair work prevents an activity from taking place. For example, footpath restoration may prohibit the use of a certain path on a cycle or walking route.
5.5 Changes by you prior to travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and subject to these terms and conditions and those of our suppliers. You must make your request by email in the first instance to firstname.lastname@example.org.
This section sets out the charges that we are entitled to invoice to you for changes you make to your booking. In addition, we are entitled to pass on to you any fees that our suppliers may charge us for making any change. All amendment charges must be paid by you prior to the amendment being finalised
For any changes that can be made, we will charge the price that applies on the day the change is made. You may also be charged an administration fee of 30€ per booking change, and 20€ for an activity change. Remember any change to your departure date, destination, accommodation, or length of the holiday has to apply to all members of your booking. Changes to activities will be subject to activity and guide availability.
You may transfer your holiday to another person who satisfies all the conditions applicable to the holiday, subject to payment of a 20€ administration fee and subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer.
We shall notify you of these costs upon receipt of your request to transfer. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days before departure shall be considered to be reasonable.
The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.
Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
5.6 Cancellation by you
You, or a member of your party, may cancel your booking at any time by giving us written notice by email to email@example.com. Any such notice of cancellation must be given by the lead name on the booking.
We will apply charges from the date we receive the instruction from you as lead name.
As we may have incurred costs in relation to a cancelled booking (including, without limitation, charges which are imposed on us by suppliers), you will be charged a cancellation fee to reflect the losses and costs which we incur in cancelling the booking as follows:
|TIME WE RECEIVE YOUR NOTICE TO CANCEL BEFORE HOLIDAY START DATE
|More than 42 days
|Loss of deposit
|50% of total cost of holiday (or loss of deposit if greater)
|75% of total cost of holiday
|14 days or fewer
|100% of total cost of holiday
If the reason for your cancellation is covered under the terms of your holiday insurance policy (accident, illness, death in the family etc) you may be able to recover these cancellation charges from your insurer. We will be happy to provide any documentation you require in support of your claim.
5.7 Cancellation due to Covid-19
You may cancel your holiday booking if your place of habitual residence is subject to a government lockdown due to the Covid-19 pandemic and you are prevented from travelling.
You may also cancel if a quarantine requirement is imposed either in your country of residence or in France.
We may cancel your booking if the area in which your holiday is due to happen is subject to a lockdown by the French government.
In the above cases we will be happy to transfer your holiday to a future date at no extra cost. Alternatively, you may be entitled to a refund of the amounts you have paid us less an administration fee which will vary according to the accommodation you have reserved and the amount of time before your holiday is due to start.
Should you wish to cancel due to an FCDO advisory against all but non essential travel to France then our standard cancellation charges will apply (see clause 5.6) as this will not prevent us from fulfilling your holiday.
6. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes:
- to enable us to process your booking (which will include passing your information to third party suppliers, such as accommodation owners)
- for market research and analysis purposes
- for improving customer service
- for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as banks and credit card companies)
- for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration).
We will communicate with you using the email address you have provided in order to supply you with your booking information. We are entitled to assume that the email address you have provided is correct and that you understand and accept the risks associated with using this form of communication.
We take all reasonable precautions to protect the personal booking information provided by you to us in relation to this booking. This information, which may include details of any medical conditions, disabilities, dietary/religious requirements, financial details, will only be passed on to our third-party suppliers on a “need to know” basis in relation to your holiday booking.
The information may also be provided to public authorities such as customs officers or immigration authorities if required by them, or otherwise required by law. In making this booking you give your consent for your information to be used in this way.
We will seek your specific consent with regard to future marketing communications. If you know you wish to opt out of receiving marketing communications from us, please advise us (or make the appropriate opt-out choices on the website) when you book.
It is a condition of your booking that you have appropriate travel insurance in place for all members of your party whilst you are away and for the sports and activities you intend to partake in whilst on holiday.
We recommend you take out cover that includes travel to destinations that are subject to a government advisory against all but non-essential travel and also that includes cover for Covid-19 related claims. We recommend Snowcard and Staysure for this purpose.
You must ensure that your insurance includes cover for Personal Liability which is required by accommodation providers in France. We also recommend that it includes a 24-hour repatriation to your country of permanent residence.
We reserve the right to request to see a copy of your insurance cover.
Where you have booked snow-based activities we advise you to purchase a snow guarantee in your travel insurance as we do not offer a snow guarantee.
If snow-based activities have to be cancelled due to lack of snow or closure of lifts we will not provide you with a refund or any compensation for expenses incurred.
If lack of snow prevents activities booked from taking place we will however make all reasonable efforts to identify and offer alternative activities for you to book.
8. Acceptance of risk
As with all activity holidays, your holiday may involve a degree of personal risk. You recognise that many activities, such as biking, walking, skiing, watersports are activities with a danger of personal injury or death. They can at times be hazardous due to rough terrain and uneven surfaces on land and the dangers associated with the natural environment.
By entering into a contract with us (or by entering into a contract with the relevant supplier(s)), you accept these risks and take responsibility for your own actions. Although we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will look to minimize these risks, your booking is accepted by us (or our supplier) on the basis that you understand and accept the risks involved in physical activities.
If at any time you or a member of your party feels uncomfortable or unprepared to take part in or carry on with an activity during your holiday, you should advise us immediately. You are under no obligation to take part in or complete activities that form part of your holiday booking.
9. Behaviour by you and your party
We want all our customers to have an enjoyable, carefree and active holiday but you must remember that you, and all members of your party, are responsible for your actions and the effect they may have on others.
As the lead name on the booking, you accept responsibility for the proper conduct of all members of the party during the holiday. We reserve the right to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation or activity provider or us, so as to cause (or likely to cause) danger, upset or distress to anyone else or damage to property or equipment. Full cancellation charges will apply and no refund or compensation will be due or given.
If you cause damage to the accommodation or to any equipment you are using during an activity, you must pay for that damage before the end of your holiday or at the otherwise earliest opportunity if requested to do so by the third-party provider.
You will also indemnify us for the full amount of any claim (including legal costs) made against us by the third-party provider as the result of any damage. You undertake to behave in a reasonable manner and in accordance with local laws and regulations so as not to disturb or disrupt the enjoyment of other holiday makers or in any way damage (or potentially damage) the reputation of our brand, or the third-party suppliers.
If you book self-catering accommodation, you may be required to pay a security deposit upon arrival, directly to the property owner. This will be refunded after an inspection of the property at the end of your stay provided that there has been no damage to or loss from the property during the period of occupation. If there has been damage or loss, we (or the owner of the property) reserve the right to deduct the appropriate amount from your security deposit before returning the remainder (if any) to you.
We will hold you and the members of your party jointly and individually liable for any damage to the accommodation, furniture, facilities or equipment located within your accommodation or used as part of the activities, together with any legal costs we or our suppliers incur in pursuing a claim. It is your duty to report any breakages, defects or damage to us immediately.
We appreciate that you may choose to drink alcohol as part of your holiday. You must, however, do so responsibly and, to the extent that the law allows, we will have no liability (or our liability will be limited) to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol.
10. Bringing your own equipment
The condition of your equipment is your responsibility. We cannot accept responsibility for any damage to your equipment or for maintenance issues that may arise from its use during your holiday.
If you bring a bike, we ask you to ensure your bike is serviced and ready for use before you bring it on holiday. If our cycling guides are concerned about its condition you may be unable to use it for guided rides.
11. Local charges
Unless we have stated that a service or facility is free in our accommodation descriptions or specifically included in your booking, you may be asked to pay a charge locally. Here are a few examples of what you might expect to pay for locally, but always check first as there may be others.
- Safety deposit facilities, room service, minibar, TV/satellite TV, telephone calls, internet and Wi-Fi
- Facilities and equipment such as spa entry, indoor pools, sauna, steam room and table games
- Health and beauty treatments
- Local taxes payable on check out
- Entertainment and activities away from your accommodation
- Meals and refreshments
- Porterage of luggage at any stage
- Daily car parking charge in resort for any car hire
12. Check-in and check-out times
Depending on what time you arrive, it may not be possible to check-in straight away. Generally, check-in times are between 16h00 and 19h00, but this will be specifically detailed on your confirmation of booking.
In all cases though, delays may occur with check-in whilst your accommodation is prepared for you. Often, the accommodation will provide a left luggage area for you to store your bags, but these will be left at your own risk and neither we nor the property will be liable for any loss or damage.
You will be advised of any requirements relating to check-out on your booking confirmation. Late check-out may be available upon request if you have a flight departing late in the afternoon or evening. Please ask and we will make enquiries on your behalf, bookable prior to departure and strictly subject to availability.
13. Internet access
Where WIFI at your accommodation is provided, we cannot guarantee that it be an uninterrupted service or that the speed will be the same as you may require. The connection may be restricted at certain times of the day and technical issues may cause the temporary withdrawal of internet facilities. You must therefore advise us if connection to the internet is a prerequisite for your booking.
14. Our service
At The Adventure Creators, we are proud of our personal and caring service. We do our utmost to ensure that you have a great holiday. We act as your local experts and are here to support you with information and know-how.
14.1 Complaints procedure
If you have a complaint, we need to know about it as soon as possible so that we can do our very best to solve the problem and to minimise any inconvenience. This will also help us improve the holiday experience for future customers.
There may be times when we are unable to solve a particular problem immediately and whilst we appreciate that this may be upsetting for you, we do expect you to behave in a reasonable manner towards our staff and our third-party suppliers.
Consequently, should any customer act in a threatening or intimidating manner, we shall have no hesitation in taking appropriate legal measures.
Should you have an unresolved issue after your return from holiday, please inform us by email to firstname.lastname@example.org not more than 7 days after your return, giving us all relevant information.
14.2 Resort development
If there is a possibility of building or construction work taking place. If in our opinion this is likely to affect your booked accommodation we will tell you at the time of booking, or if you have already booked, you will be contacted before departure if there is time.
14.3 Customers with reduced mobility or disability
It’s important that you let us know prior to booking if you or someone in your group has any disability or reduced mobility so that we can make the appropriate enquiries about the suitability of particular accommodation, resorts, transport and services.
You must ensure that you are fully satisfied that you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made, an extra charge may be levied, either before you go or when you arrive in resort. We cannot be held responsible if you fail to tell us about any special needs or requirements that will affect your holiday experience.
14.4 Website accuracy
We have worked in conjunction with our suppliers and partners to obtain photography for our website and brochures.
We have taken reasonable measures to ensure that any information contained on our website, brochures or other marketing literature is accurate. However, we cannot guarantee that photos and text are a fully accurate representation.
If there is a particular image or map which you want to clarify the accuracy because you deem it important to the enjoyment of your holiday please consult with us prior to booking.
15. Passports and visa requirements
It is your responsibility to ensure that valid travel documentation is provided for everyone named in the booking.
We cannot be held responsible for failure of either EU or non-EU passport holders to obtain the appropriate documentation for travel to France.
We cannot be held responsible if anybody named in the booking is refused entry to France by customs or border control nor any failure by you or your party to comply with health entry requirements.
British citizens must ensure that their UK passport will remain valid for a minimum period of 6 months after their date of entry to France.
Non-British Citizen passport holders or British Citizens holding a UK Passport issued abroad or holders of British Subject Passports should contact the appropriate consulate or embassy for advice.
If you need to apply for a passport or renew an expired passport, you should do so well in advance of travel and at least four weeks before. If you are 16 or over and have never had a passport in your own name, you should apply for one at least six weeks before your holiday. The UK passport service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to protect your identity.
If a passport is required, don’t leave until the last minute – allow plenty of time. You may not be able to travel and insurance may be invalid if the names on your passport and travel documents don’t match. If any member of your party changes their name, we must be notified immediately so that we can change your booking documentation.
For more information on UK passports, applications and general enquiries please contact the Passport Office directly. Visit www.direct.gov.uk/passports or telephone 0300 222 000.
15.1 How to find out about visa requirements
The Foreign and Commonwealth Travel Advice Unit provides information about visa requirements, frequently updates advice for those travelling outside the UK and also provides contact details for relevant Embassy’s. Visit www.gov.uk/foreign-travel-advice
16. Health precautions
We are a provider of adventure and multi-activity holidays. It is expected that you are in good health in order to get the most out of your holiday. You should take health advice about your specific needs as early as possible.
Visit the NHS travel health website for useful information: www.nhs.uk/Livewell/TravelHealth. Other sources of information include the following websites: www.fco.gov.uk, www.hpa.org.uk, www.nathnac.org your General Practitioner or a specialist clinic.
Note that, following Brexit and if you are a UK citizen, the European Health Insurance Card (EHIC) will not be valid in France after 01/01/2021.
If you or a member of your party or your child falls ill during the holiday, we can support you to locate a local doctor or hospital.
If you do not advise us of a medical condition or disability which prevents you from participating in your holiday, we cannot be held responsible for any costs incurred by you if we are obliged to cancel your holiday as a result. No refunds will be made.
17. Law and Jurisdiction
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be dealt with in the courts of England and Wales only.
We both also agree that English law (and no other) will apply to your contract. If this provision is not acceptable to you, you must tell us at the time of booking.