For all holidays your contract is with Sardinian Experiences, whose registered office is at 6 Norman Road, St Werburgh’s, Bristol BS2 9UJ.
Please read these Terms & Conditions carefully as they set out our respective rights and obligations. References to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
A binding contract is formed after we have received a deposit in accordance with the payment clause and we have issued a written confirmation invoice. It is essential that you check the travel details outlined on the confirmation invoice and inform us immediately of any errors; failure to do so within 7 days from date of issue may harm your rights.
These Terms & Conditions and any agreement to which they apply are governed in all respects by English law. Any dispute, claim or other matter which arises in connection with your contract or booking will be dealt with by the Courts of England and Wales if you are resident in England. If you live in Scotland or Northern Ireland, you may bring proceedings in your local Court.
We will only deal with the person who makes the booking in all subsequent correspondence and dealings. That person is responsible for making all payments due, ensuring the accuracy of all personal details and other information supplied in respect of yourself and your party, notifying us of any changes or cancellations and for receiving correspondence and keeping your party informed of any changes to your booking.
Payment for your holiday must be made in the currency of the invoice. Payment is by cheque, bank transfer, debit card or credit card (Visa/Mastercard/American Express). If payment is made by bank transfer you will be responsible for any bank charges which will be communicated to you at the time of booking. If payment is made by credit card we reserve the right to levy the appropriate processing charge (0%–3%) when you book. These charges will be automatically added to your balance.
The deposit for your holiday is variable and will be confirmed at time of booking, but roughly corresponds to 20% of the cost of your holiday. Once your reservation and deposit have been received, we will send you your confirmation of booking and payment together with an invoice for the final balance. It is essential that you check this confirmation carefully and notify us immediately if you have any queries. Any dispute as to the amounts shown in the invoice must be taken up with us within 48 hours of receipt of the invoice. Thereafter the person who made the booking guarantees payment to us in accordance with these Booking Conditions of the total amount shown on the invoice.
Receipt of the deposit by us does not imply confirmation of that booking. No booking shall be confirmed or contract come into existence until we issue a written confirmation invoice along with the booking confirmation. We reserve the right to refuse a booking without giving any reason for such refusal and shall in that event return any deposit received to its sender.
The final balance is due at least 30 days prior to departure. If the booking is less than 30 days before departure, the full amount is due on booking. If any balance remains unpaid by the due date, we reserve the right to treat your booking as cancelled and apply the cancellation charges as set out below.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We have total financial protection for all of our clients. All holidays with Sardinian Experiences are covered under the trust fund managed by Protected Trust Services (PTS), which protects worldwide clients for all reservations.
It is your responsibility to ensure that you take out a comprehensive travel insurance policy to cover you during your holiday. If you choose to travel without adequate travel insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your own specific circumstances. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Most countries now require passports to be valid for at least 6 months after your return date. For further information contact the Passport Office at 0300 222 0000 or visit www.gov.uk/government/organisations/hm-passport-office. It is your responsibility to check visa requirements for your destination. Up-to-date travel advice can be obtained from the Foreign and Commonwealth Office (www.fco.gov.uk), which provides information on safety issues worldwide. Non-British citizens, including other EU nationals, should contact the relevant Embassy, High Commission or Consulate for up-to-date advice on passport requirements.
Whilst we make every effort to ensure that the information on our website is accurate, it may have been published many months before your holiday takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. You will be informed of any material changes prior to your booking.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transportation costs such as fuel; to cost changes arising from government action; to changes in currency exchange rates; and to dues, taxes or fees chargeable for local services – any or all of which may result in a variation of your holiday price. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. For increases amounting to more than 2%, this figure will still be absorbed by us but you will be required to pay any amount over and above that figure. If this means that you have to pay an increase of more than 5% of the price of your confirmed holiday arrangements, you will have the option of cancelling your holiday arrangements and receive a full refund of all monies paid (excluding any amendment charges and/or additional services or travel arrangements). Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down, due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. Please note that some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
All taxes are included in prices quoted by Sardinian Experiences for services that we provide.
Clients are responsible for air fares (internal and external), personal/travel insurance and visa fees (if applicable), excess baggage fees and airport taxes. Clients are also responsible for meals not included in the package, any additional room charges (e.g. room service), laundry services, phone calls and other personal expenses, tips for guides and staff, medical costs, and any costs of hospitalisation and/or evacuation required.
If you wish to alter or change any detail in the booking confirmation, or wish to make alternative arrangements to those agreed, the request must be made at the time of booking or in writing as soon as possible. We will do our best to make the change but cannot guarantee to do so. If you wish to alter or change any detail in the booking confirmation after booking, we will do our best to assist you in altering your arrangements but cannot guarantee that this will be possible. You will be responsible for any charges and costs as a result of such amendment after booking, and we reserve the right to charge an additional GBP30 administration fee plus any applicable charges levied by our suppliers.
If you are prevented from travelling for any reason, you will be able to transfer your booking to someone else. This person must be able to satisfy all the conditions for the holiday. They must accept the transfer and agree to be bound by the terms of this agreement. You will remain responsible for ensuring that the holiday is paid for by the balance due date.
No refunds will be issued on whole or partially unused portions of packages or unused services.
You, or any member of your party, may cancel your holiday booking at any time. The cancellation will take effect from the date that written notification from the person who made the booking is received at our offices. All cancellations must be received by email or by telephone and acknowledged by us. Cancellations by telephone must be confirmed by an email within 2 days. We recommend that you use a confirmation of receipt by email.
Any cancellation will incur a charge to reflect the reasonable costs incurred by us in arranging and cancelling your booking. Charges for cancellation after the balance due date will vary due to the complex nature of our travel itineraries. The full costs of cancellation will be communicated to you at the point of cancellation. The following cancellation charges are to be regarded as a guide only, and may be subject to variation:
Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.
If your booking changes because someone in your party cancels, we will recalculate your holiday cost based on the new number of people travelling. If fewer people share accommodation or private transport services, then the cost for them may go up. This extra cost is not a cancellation charge, and may not be covered by your travel insurance. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charges above.
It is occasionally necessary for us to make changes to advertised products and services, and we reserve the right to do so at any time. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance. No compensation is payable in relation to a minor change. Examples of “minor changes” include the following when made before departure: any change in the advertised service, activity or excursion when an equivalent replacement service, activity or excursion is found, or a change of accommodation to another of the same standard or classification.
Reasonable changes to itineraries may also be made where deemed advisable for the comfort and well being of participants. The right is reserved to substitute hotels, alter the itinerary, and change the order of places to be visited.
If the change is a “significant change” (for example, a change to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) arranging an alternative holiday with us; or (iii) cancelling your holiday with full refund. Regardless of the option you choose we will pay you compensation, unless the change has been caused by Force Majeure or low bookings, as defined below:
(B) CHANGES DURING THE HOLIDAY
Sardinian Experiences reserves the right to change any itinerary or change or cancel any service at any time due to weather conditions,, failure of service suppliers or other reasons. If we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, alternatively, you will receive a pro rata refund for any part of the holiday not received. This does not apply to minor changes in your accommodation, itinerary or transportation.
Sardinian Experiences reserves the right to cancel your holiday, a very rare occurrence which could occur for example if the minimum number of clients for a particular tour/holiday is not reached. We will do our best to offer alternative arrangements of a comparable or better standard together with a price refund if appropriate, or will give you a full and prompt refund of all monies that you have paid. If it is necessary to cancel your holiday, compensation will not be payable by us in the event of force majeure as defined below, or in the event of your late or non-payment. If we have to cancel your booking in circumstances other than your failure to pay, you can have either a full and prompt refund of all monies that you have paid. We are not responsible for any costs incurred outside the services included in the holiday invoice.
(D) FORCE MAJEURE
“Force majeure” refers to unusual and unforeseeable circumstances beyond our control. Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to: war or threat of war; civil strife; terrorist activity and its consequences or the threat of such activity; the act of any government or other national or local authority including port or river authorities; industrial dispute; epidemic or health risks; natural or nuclear disaster; fire, chemical or biological disaster; adverse weather, sea, and river conditions, and all similar events outside the control of our or the supplier(s) concerned. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will always follow the advice given by the Foreign Office.
Without limitation, Sardinian Experiences is not responsible for acts of God; equipment failures; vehicle accidents; illness from food or otherwise; detention; assaults; theft or criminal activity; annoyance; delays; quarantine; failure of any means of conveyance to arrive or depart as scheduled; and discrepancies or changes in transit or hotel services over which it has no control. We shall not be liable for any losses, damages, expenses or any consequential losses howsoever arising. This is extremely unlikely, but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result. If a trip is delayed due to road or rail conditions, airline delays, government intervention, illness or any other contingency that we or our agents cannot control, Sardinian Experiences reserves the right to modify the trip fee.
If any part of the holiday arrangement is not provided as advertised, we will pay you reasonable compensation as we accept responsibility for our employees, agents, suppliers and sub-contractors while acting within the course of their engagement. This liability is restricted to matters not involving injury, illness or death and is limited to two times the cost of the holiday (excluding insurance premiums and amendment charges) as paid by or on behalf of the affected person or persons. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Some of the activities that you may choose to take part in during your holiday have potential risks. We will not however be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
– The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party
– The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable
– ‘Force majeure’ as defined above
Many of the services which make up your holiday are provided by independent suppliers. Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier.
We will not be responsible for any activity or excursion that does not form part of your package or contract with us, even if recommended by us. We will, however, offer general assistance where appropriate. This is another area where it is important to have adequate holiday insurance cover.
We do not exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. If you or any member of your party suffers illness, injury or death as a result of any failure to perform or improper performance of any part of our contract with you, we will accept responsibility unless failure to perform or improper performance was attributable to: (i) your own acts and/or omissions; (ii) those of a third party not connected with the provision of your holiday and which was unforeseeable or unavoidable; (iii) an event which neither we nor the supplier of the service in question could have foreseen or prevented even with all due care. Should any payment be made to you or any member of your party by us in any of the circumstances referred to in this section, we reserve the right to claim in your place against the person or organisation responsible for causing the illness, injury or death. This means that you will be asked to assign that part of your rights to us and we will be subrogated to those rights. You must also assist us and our insurers in pursuing any such claim. All claims must be notified immediately to us and confirmed in writing within 50 days. Any amounts recovered in excess of the payments made by us to you will be passed on to you after deduction of our costs.
Where you have used airlines, shipping companies, coach and bus operators, or rented vehicles to arrive at your holiday, we cannot accept responsibility for delayed or cancelled services or mechanical or technical failures, nor can we provide for meals, overnight accommodation or any other cost resulting from delays or cancellations. If you face a delay or cancellation we advise you to first contact your service provider, who may be able to assist.
All luggage, equipment and other personal effects shall be at all times and in all circumstances the owner’s own responsibility and taken on holiday at the owner’s risk. We cannot accept responsibility for any loss, theft, damage or delay relating to your luggage and effects unless directly caused by the negligence of one of our employees or service providers.
We do not own or manage the accommodation and other facilities used in conjunction with the holidays advertised, and are not liable for failures or shortcomings that relate to the services and facilities provided by those who own or manage them.
We are not responsible for any excursions or other tours that you may choose to book or pay for whilst you are on holiday that are not part of your package holiday provided by us.
Where we are found liable under these terms and conditions, we limit the amount of compensation we may have to pay you:
(a) loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above or involving injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel), and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract. ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) any business losses.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(1) As an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992, we will accept responsibility for the arrangements we agree to provide for you. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) All monies paid to us are held by Protected Trust Services (PTS), so you can book your trip with us secure in the knowledge that your money is safe. Further details of PTS guarantees can be found at www.protectedtrustservices.com.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances or events beyond the control of ourselves or our suppliers, which could not have been avoided even if all due care had been exercised.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
If you or any member of your group has any medical problem or disability which may affect your arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
By booking a holiday with us you undertake to deport yourself in a safe and orderly fashion and not to disrupt the enjoyment of others on holiday with you, the owners of the accommodation or the suppliers involved in the agreement. By booking a holiday with us you accept full responsibility for any damage or loss caused by you or any member of your group. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your or any member of your group’s actions.
If in our reasonable opinion or that of any accommodation or service provider your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen, no refund or compensation would be paid. Also, we will be entitled to recover from the offending party and/or the person who signed the booking form compensation for any damage caused. We will not be liable to pay you any compensation. We cannot accept liability for the behaviour of others in your accommodation, nor if any facilities are removed as a result of their actions.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) or on-site representative immediately who will endeavour to effect a solution at once. If your complaint is not resolved locally, please contact us by telephone or email. Failure to do so will affect the ability of us or the applicable supplier to investigate and resolve your complaint, and may affect your rights under this contract. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your holiday, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
Please note that EU Regulation (EC) No 1889/2005 requires all passengers entering or leaving the European Union through its external control points with €10,000 or more in cash (or its equivalent in other currencies or easily convertible assets (e.g. bonds, shares, traveller’s cheques etc.) to declare the sum to the customs authorities of the Member State which he/she is entering or leaving. If you are likely to need to make a declaration under this regulation please contact the HM Revenue & Customs helpline at 0300 200 3700 or visit www.hmrc.gov.uk for further information on how to comply.