Terms And Conditions

DISCOVER SOUTH AMERICA LTD

 

TERMS & CONDITIONS

 

  1. Formation of the contract
  • the Contract is made between Discover South America Ltd (referred to as “the Company”, “we”, or “us”) and the persons whose names are set out in the Booking Form/Quotation (together referred to as “you”) which has been provided by us to you
  • the first named person on the Booking Form/Quotation confirms that he/she has the authority of all the other named persons to act on their behalf in connection with this Contract and we may deal solely with that person but notwithstanding this provision all named persons remain jointly and severally liable for the performance of your obligations under this Contract (ie all named persons are equally liable)
  • the Contract is for us to provide you with the services described in the Booking Form/Quotation as detailed on our website or in any brochure or other documents we may have provided to you prior to you confirming your booking
  • the Contract comes into existence once we have confirmed to you our acceptance of your request to confirm your booking. We will do that by sending out a Confirmation Notice detailing the services we will provide. You should check this carefully on receipt and notify us within 7 days if you believe that there are any errors or inaccuracies. If you do not do so then the Confirmation Notice will be deemed to accurately reflect the services to be provided.  Specific hotels listed on your Booking Form/Quotation are subject to availability at the time of booking. If they are not available alternative accommodation of the same standard will be provided. 
  • For the avoidance of doubt this Contract is made in England and is governed by the laws of England and Wales

 

  1. Payment
  • a deposit must be paid when you request us to confirm your booking. The amount of the deposit will be set out in the Booking Form/Quotation. In addition to the deposit full or part payment of certain elements of the booking (eg flights or hotels and other services in peak season) may be required at the time of booking or at some other date before the balance is due. If any such payments are required you will be clearly informed before booking. Subject to condition 5 below any such payments are non-refundable
  • if a date is specified in the Booking Form/Quotation the balance of the price must be paid by that date but if no date is specified then the balance is due no later than 60 days before the departure date
  • if there is less than 60 days between the date when you request us to confirm your booking and the departure date then the full balance must be paid at the time of making the request
  • payments may be made by  electronic  bank transfer or debit or credit card but in the case of cards (other than those issued by a Bank based in the European Economic Area) a charge of 2.4% of the amount paid will be charged by us to cover the additional costs we incur in connection with  card use
  • if we do not receive full payment by the due date specified then we are entitled to treat the booking as cancelled and to retain the deposit
  • with regard to flights please refer to the further provisions contained in condition 10 below

 

  1. Changes by you
  • we will try to help making any changes to your booking which you may request but if changes are possible they may result in additional costs being incurred as a result of increased charges and/or cancellation charges made by our suppliers for the changed service
  • we reserve the right to charge you a fair and reasonable amendment fee depending on the amount of extra work we have to do but we will tell you what the fee will be before making the amendment
  • we will notify you of the total amount payable to change your booking and will require your confirmation that such extra amount is acceptable before actioning any changes
  • if you proceed with a changed booking after the latest date for the original payment has passed then you must pay any increased costs arising when asking us to make the changes. We will be unable to action requested changes without such payment
  • you should be aware that in respect of flight tickets a cancellation or change may result in a complete loss of all money paid. Details of the airline policy relating to your booking will be given on your Confirmation Notice

 

  1. Changes made by us
  • as a result of circumstances outside our control we may need to make changes to your booking or even cancel it completely. If this arises how it is dealt with depends on whether the changes are major or minor
  • if a change is minor ie anything other than a major change as defined below then we will inform you of it as soon as reasonably practicable after we become aware of it
  • major changes are those which (taking into account the information you have given to us before booking) might reasonably be expected to have a major impact on your holiday. This will depend on the length and nature of your holiday  and circumstances will be different for each individual case.
  • in the event of a major change we will inform you of the proposed change as soon as reasonably practicable after we become aware of it and/or we will endeavour to offer you an alternative holiday of a similar type and standard and you will have the following options. Once we have notified you of your options if we do not receive a response from you within 7 days we will notify you a second time and if we do not receive a response from you within 7 days of the second notification we will deem you to have accepted the changes. The options are:-
    • accept the changes to the original booking as notified
    • make a new booking for any alternative holiday we may suggest and we will transfer the deposit paid on the original booking to the new booking
    • cancel the holiday entirely and receive a full refund
  • if after departure we become unable to provide a significant proportion of the services you have booked then unless this arises from force majeure (see condition 6 below) we will make suitable alternative arrangements at no extra cost to you but if this is impossible or you do not accept the alternative with good reason then we will provide you with transport back to the place where your arrangements with us commenced (or to such other place as you may agree). If the non-provision arises from an act of force majeure then we will be unable to pay you any refunds (unless we are able to obtain refunds from our suppliers) pay you any compensation or meet any other costs you may incur
  • nothing in these provisions affects your statutory rights

 

  1. Cancellation by you
  • you may cancel all or part of your booking at any time by giving us notice in writing either by recorded delivery post or email and this will be effective on the date we receive the posted notice or the date on which we acknowledge receipt of your email as appropriate
  • on cancellation you will be liable to pay us a charge calculated as a percentage of your total booking price in accordance with the following scale
    • cancellation more than 60  days before departure                          the deposit paid
    • cancellation between 31 and 59 days before departure                 60% 
    • cancellation between 0 and 30 days before departure                   100%

 

  1. Force Majeure
  • In these conditions the expression “Force Majeure” means any event or circumstances which neither we nor the suppliers of any services included in your booking could using all due care foresee or avoid. Such events and circumstances may include (but are not limited to) war or threat of war, riots, strikes, civil unrest, terrorist activity, industrial action, natural or nuclear disasters, adverse weather conditions, actions and decisions by governments, technical or maintenance problems with transport, changes of schedule or operational decisions by air carriers, fire, flooding and all similar events outside our control
  • advice given by HM Government not to travel to or remain in any particular country or region will normally constitute a circumstance of Force Majeure
  • Unless otherwise stated in these conditions we will not accept responsibility or liability for, nor will we pay compensation in respect of, any situation in which the performance of our contractual obligations is prevented or affected by circumstances amounting to Force Majeure

 

  1. Surcharges
  • except as mentioned in this clause the price of your holiday is fixed at the amount set out in your booking confirmation. The price will only change if there is an increase (or decrease) of more than 2% of your total booking price (excluding any amendment fees) in any taxes, fees and duties or payments of a similar kind which we have to make on your behalf to third parties and over which we have no control including for example fuel and other surcharges imposed by air carriers, landing, disembarkation and embarkation or departure taxes at airports and ports, changes in National Park entry or activity permit fees
  • if there is a price change as a result of the above provision we will notify you as soon as possible and if the price increases by more than 8% of  your total booking price (excluding any amendment fees) you have the right to cancel your booking and we will refund all sums you have paid (excluding amendment fees)
  • if you wish to cancel you must inform us within 14 days of  confirmation of the amount of the increase being given to you but otherwise you must pay the amount of the increase by the date specified in the surcharge confirmation notice

 

  1. Our responsibility and liability to you
  • we will perform our obligations in respect of your booking in accordance with these conditions and with reasonable skill and care
  • we will be responsible to you if you do not receive the services included in your booking or you suffer death or personal injury as a result of the negligent acts or omissions of us or our agents, suppliers or sub-contractors subject to the following provisos
  • any negligent act or omission is carried out while the employee, agent, supplier or sub-contractor in question is acting within the scope of their employment or is carrying out our requests and in either case the action is taken in the provision of the services you have booked
  • the failure to provide the services or the death or personal injury is not the fault of ourselves or our agents, suppliers or sub-contractors because
    • it is the fault of you or a member of your party
    • it is attributable to a third party not connected to the provision of services to you
    • it is due to an event which neither we nor our agents, suppliers or sub-contractors could have foreseen or prevented using all reasonable care
    • it is due to an act of Force Majeure
    • it arises from some additional service which you have arranged directly with a supplier and which is not part of the services which we have agreed to provide
    • it arises from or is made worse by some condition or reason peculiar to you and you did not tell us about such condition or reason at the time of booking
    • our obligations and those of our suppliers are to take reasonable skill and care to provide the services to you in accordance with the laws, regulations and customs of the country in which the services are to be provided. You should be aware that these standards may be lower than those which would apply in the UK
    • if we are liable to you then except in the case of death or personal injury the most we will pay is twice the amount of the price you have paid in respect of the affected member or members of your party for the service in question
    • if a claim arises from travel by air, water, rail or road carrier or from the provision of accommodation then our liability to you is limited to the amount the carrier or accommodation provider would have to pay under its terms of contract or under any relevant international convention and in the event that such carrier or accommodation provider makes a payment to you we are entitled to deduct an equivalent amount from the compensation we are liable to pay you
    • you agree that you will provide ourselves and our insurers with all relevant documents and assistance if necessary to enable us to make a claim against any third party we consider responsible

 

  1. Your responsibilities
  • it is your responsibility to ensure that all necessary travel documents (ie including passports, visas, vaccination certificates) are obtained and are in order and valid for the travel contained in your booking. Should you fail to do this and we incur costs as a result then you are liable to reimburse such costs to us
  • we do not accept liability for any losses or costs arising if you fail to reconfirm flights or if you for any reason miss a flight
  • you and all members of your party must behave responsibly and we reserve the right to terminate your booking should the behaviour of you or any member of your party be disruptive, dangerous or annoying to other people (whether other guests, employees or agents of suppliers or members of the public). In such circumstances no refund of any sums paid by you will be made nor will we accept any responsibility for any additional costs which you might incur
  • you are responsible for any losses or damage caused by you or a member of your party

 

  1. Provisions relating to flights
  • flight prices are subject to availability at the time of booking and cannot be guaranteed until full payment has been received and tickets have been issued
  • tickets will normally be e-tickets and will not be issued until they have been paid for in full
  • change and cancellation conditions will vary depending on which airline your ticket is with and the type of ticket purchased.  The conditions relating to your particular flight booking will be clearly stated in your Confirmation Notice. Once tickets have been issued the charge to change or cancel the ticket may be 100% 
  • names on e-tickets must be the same as on passports. It is your responsibility to ensure that you give us the correct information
  • details on Confirmation Notices and e-tickets are subject to the airline changing the day or timings of operation, diverting, postponing or delaying any flight, altering the airport of departure or arrival or making other operational changes. The airline is responsible to you in these circumstances
  • flight schedules of smaller, local carriers in particular are often subject to change at short notice. We will notify you of any changes we know of but it is your responsibility to carefully reconfirm all flight details with the airline in question. We cannot accept any liability for the consequences if you miss a flight as a result of failing to reconfirm or by failing to check-in at the appropriate time in accordance with the airline's requirements
  • if your flight is cancelled or delayed, or you are downgraded or denied boarding, you may have a claim against the airline under the Denied Boarding Regulations 2004 (EC Regulation No 261/2004). You must pursue the airline for any compensation you are due and any such payment you are paid, or entitled to be paid, represents your full compensation in respect of the cancellation, delay, downgrading or denied boarding as appropriate

 

  1. Insurance
  • it is a term of your booking that you have valid travel insurance appropriate to the activities you will be undertaking and your destination. You undertake to indemnify us for any cost we might incur as a result of your failure to have such insurance. We can advise you on suitable policies on request

 

  1. Complaints
  • if you have a complaint during your trip you must first make this known to the local supplier as soon as it arises. If this does not resolve the problem then contact us using the details set out in the booking confirmation. We cannot accept responsibility for a claim if you do not do this. If we cannot resolve the problem while you are away and  you remain dissatisfied you must inform us within 14 days of your return home as otherwise we will not have a proper opportunity to investigate the circumstances
  • or you may follow the alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council o 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)(1) and, where applicable, on the alternative dispute resolution entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)(2)

 

  1. Special requests and circumstances
  • if you have any special requests and you inform us prior to booking we will try to meet these with our suppliers. We cannot guarantee this however and no such request will form part of the booking unless we have given you specific written confirmation to that effect
  • you must ensure that you notify us prior to booking of any existing medical or other condition or disabilities which may require special facilities or assistance in order that we can advise whether the booking will be suitable. We cannot accept responsibility for any additional costs or failure or lack of services resulting from non-disclosure. Should any such circumstance arise after booking and before departure you must notify us as it may require changes to be made to the booking

 

  1. Excursions
  • the only excursions for which we have any responsibility are those included in and forming part of your booking. We have no responsibility in connection with any excursions or tours arranged through our local suppliers or anyone else

 

  1. Data Protection
  • in order to carry out your booking we need to ask you to provide personal data. We undertake that such data will only be used where necessary to ensure that you receive the services you have booked and that involves forwarding your data to eg suppliers and government agencies both in the UK and abroad. We undertake that we will meet the requirements of the General Data Protection Regulations 2018 in handling your data but we cannot control the use by third parties and in particular you should be aware that standards in other countries may be different to the UK For further information please refer to our Privacy Notice details of which are on our website

 

  1. Financial Protection
  • Your Financial Protection. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong
  • we or the suppliers listed on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable)
  • if we, or the suppliers identified on your ATOL Certificate, are unable to supply the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme financial protection. 
  • In respect of holidays not including flights we fully comply with the requirements of The Package Travel and Linked Travel Arrangements Regulations 2018 by holding insurance with International Passenger Protection (IPP).  This insurance fully protects all money you have paid for your holiday so that should we have become insolvent it provides money to allow you to continue with your holiday or to return home