These booking terms and conditions, also referred to herein as “ booking conditions”, form the basis of your contract with Offbeat Horizons Ltd, a company registered in England and Wales Company Number: 13442289. Offbeat Horizons Ltd is also referred to herein as “Offbeat Horizons”, “we”, “us” and “our”.
Please read the terms carefully prior to booking a tour, as they set out our respective rights and obligations. By booking a tour with us you acknowledge that you have read, understood and agree to be bound by these booking conditions. These booking conditions only apply to tour arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you.
All references in these booking conditions to “tour”, “trip”, “booking”, “contract”, or “arrangements” mean such tour arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires.
1. Contract
1.1 A binding contract between you and us comes into existence when we send our booking confirmation to you. Where there is more than one person on the booking, the booking confirmation is sent to the “Booking Lead”. The Booking Lead is the first named person on the booking and accepts authority to bind all members of the travelling party to these terms and conditions and takes responsibility as the Booking Lead to make payment and to receive documentation on behalf of the travelling party.
1.2 We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below) and is subject to the jurisdiction of the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
2. Booking
2.1 To initiate a booking you must complete our booking request form online. The booking conditions must be accepted by ticking the appropriate box on the booking request form.
2.2 Where there is more than one person on the booking, all booking related communication will be sent to the “booking lead”. The booking lead is the first named person on the booking and must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking. By ticking the appropriate box on the booking request form, the booking lead confirms that he/she is so authorised. The booking lead is responsible for making all payments due to us.
2.3 The completed booking request form must be submitted with the payments referred to in clause 3.
2.4 The booking request is “not guaranteed” until we have sent you a confirmation of the booking. Any acknowledgement of your booking request we send you is not a confirmation of your booking. The confirmation will be clearly titled “Booking Confirmation” and this will be sent once the minimum number of travellers has been reached to run the tour.
2.5 Once your tour has been “guaranteed” (i.e. the minimum number of travellers has been reached and the tour has been confirmed) you will be sent a booking confirmation which will include a booking receipt. You are responsible for checking the accuracy of the booking confirmation and notify us within 72 hours if any information appears to be incorrect or incomplete. We cannot accept any liability if we are not notified of any inaccuracies, even for which we are responsible, if we are not notified in the above time frame.
2.6 We advise that you do not book any flights or make any other arrangements in connection with your chosen tour such as obtaining vaccinations and visas until you have received a booking confirmation from us. In the event that you book flights or make any other arrangements before receiving the booking confirmation then we will have no liability to you for any refunds of such costs incurred, in the event that your chosen tour is not going ahead or available.
2.7 We will communicate with you by email in relation to your booking, you are responsible for informing us if this is not appropriate and you would like us to send your booking related documents by post. We may also contact by telephone and/or post if we cannot, for whatever reason, contact you by email. References in these booking conditions to “send” and “in writing” refer to communication by email.
2.8 You must be at least 18 years of age to make a booking.
3. Payment
3.1 To confirm your place on a tour, you are required to pay a deposit of up to 20% of the total tour cost unless your booking is made within 60 days of the tour start date, in which case, the full amount of the tour cost is payable at the time of submitting the booking request form.
3.2 The remaining balance of the tour cost must be settled at least 60 days prior to the tour start date. This date will be shown in the booking confirmation. If we do not receive all of your payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you and the cancellation charges in clause 9.2 will become payable.
3.3 In the case of international payments you should ensure that the full payment amount, is received by us after all bank charges have been levied.
4. Travel Insurance & Emergency Contact
4.1. It is essential that you take out a comprehensive travel insurance policy to cover you before your trip commences and you must provide in writing, insurer, policy number and 24 hour emergency assistance contact details to us.
4.2. It is your responsibility to ensure you have travel insurance that is fit for purpose. Tours and in particular, travelling across Latin America can be high risk by nature and you should ensure that your insurance fully covers the geographical location you will be travelling to and all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
4.3. Prior to the commencement of your trip, you must give us the name, address and telephone number of your next of kin or emergency contact to be notified in event of an emergency.
5. Entry Requirements & Government Travel Advice
5.1 It is your responsibility to check and fulfil entry requirements (including but not limited to passport, visa, and immigration requirements) that are applicable to your tour. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. Requirements do change and you must check the up to date position in good time before departure.
5.2 Most countries require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
5.3 Special conditions apply for travel to and transit through the USA, and all passengers must have individual machine readable passports. Please check on the US Embassy website for the latest position on this.
5.4 For British passport holders, up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, this includes but not limited to, coronavirus, safety and security, entry requirements and travel warnings.
5.5 Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
5.6 We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa or immigration requirements. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa or immigration requirements.
6. Health Matters & COVID-19
6.1 It is your responsibility to ensure you are aware of all mandatory and recommended vaccinations and health precautions in good time before departure. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
6.2 It is the booking lead’s responsibility to ensure that all members of the booking are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
6.3 You must also comply with our COVID-19 Policy.
7. Special Requests & Medical Conditions/Disabilities
7.1 Although we are not a specialist disability tour operator, we will endeavour to cater for any medical or mobility requirements you may have. If you have any medical condition or disability which may affect your active participation in the tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour before making a booking. In any event, you must give us full details at the time of booking of any medical condition or disability and also update us if/when any change in your condition or disability occurs.
7.2 You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
7.3 We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details of these needs at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
8. Health & Safety
8.1 Our tours have elements of an adventurous nature and your participation involves a degree of personal risk to your health and safety. You may be participating in adventurous activities where the physical challenges are greater than in your every day life.
8.2 During the tour you agree to take all prudent health and safety measures in relation to your own safety including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. We or other suppliers will not be liable for any loss or damages caused by your failure to comply with health and safety instructions or warnings.
9. Cancellation by You
9.1 Should you or any member of your booking decides to cancel your trip once you have received your booking confirmation, the booking lead must immediately advise us in writing. Your notice of cancellation will only be take effect when it is received in writing by us.
9.2 As we incur costs from when we confirm your booking, cancellation charges will be payable per person as listed below. The cancellation charge is shown as a percentage of the total tour cost payable by you. Amendment charges are not refundable in the event of cancellation.
a) 61 days or more prior to tour start date – retention of deposit
b) 60 – 31 days prior to tour start date – retention of 50% of total tour cost
c) 30 days or less until tour start date – retention of 100% of total tour cost
9.3 It is strongly advised that comprehensive travel insurance is taken out that includes cover against cancellation charges. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
9.4 Cancellation charges will also apply to additional extras such as single supplements and pre and post tour nights.
10. Changes & Cancellation by Us
10.1 Occasionally, we have to make changes to the details in our itineraries, both before and after bookings have been confirmed as we start planning the tours many months in advance. Most changes are minor, but sometimes we have to make a “significant change”.
10.2 A Significant Change is a change made before your tour start date which, taking account of the information you have given us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your tour. Significant changes are likely to include the following changes when made before departure:
a) a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away.
b) a change of accommodation area for the whole or a major part of the tour.
c) a significant change of itinerary missing out one or more major destination substantially or altogether.
10.3 Whilst we always endeavour to avoid changes and cancellations, we reserve the right to cancel our tours to make changes under any circumstances. Please note, our group tours require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular tour have not been received, we are entitled to cancel it. We will notify you of cancellation for this reason at least 40 days prior to the tour start date.
10.4 If we have to make a significant change or cancel a tour, we will tell you as soon as possible and we will offer you the choice of the following options:
a) Transfer to an alternative tour from us, of a similar standard to that originally booked if available. We will offer you an alternative tour of equivalent or higher cost for which you will not be asked to pay any more than the price of the original tour. If this tour is in fact cheaper than the original one, we will refund the price difference.
b) Receive a full refund of all monies you have paid to us.
10.5 If we have to make a significant change or cancel we will, where compensation is appropriate, pay compensation depending on the circumstances and when cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:
a) We are forced to make a significant change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
b) We have to cancel because the minimum number of bookings necessary for us to operate the tour has not been reached (see above).
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as settling the tour balance by the due date).
10.6 Very rarely, we may be forced by “force majeure” (see clause 13) to terminate your holiday before or during your tour. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
10.7 We reserve the right to cancel any booking if we reasonably feel that the physical condition or behaviour of a client may affect their own wellbeing, that of our in-country staff or suppliers and that of any other members of the group tour, or the enjoyment of other members of the group while on a tour. It’s also a booking conditions that you also adhere to our Code of Conduct.
10.8 If you have chosen to pay an optional single supplement and we are for whatever reason unable to provide you with a single room for any of the nights of your tour then we reserve the right to room you with a group member of the same sex and to reimburse you accordingly on a pro-rata basis.
10.9 We are not liable for any travel costs that you may have incurred in connection with your booking including, but not limited to, flights, vaccinations and visas. You are advised to book fully flexible flights and other arrangements which can be cancelled or changed without charge and we strongly recommend you obtain comprehensive travel insurance that includes cover for cancellation.
11. Changes by You
11.1 Should you want to make a change to your confirmed booking, you must notify us in writing as soon as possible. Whilst we endeavour to assist, we cannot guarantee we will be able to meet any such request.
11.2 If you want to transfer from your confirmed booking to another tour you must notify us at least 61 days prior to the tour start date. Where we can meet the request, an administration fee of £75.00 per person per change will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Thereafter all changes will be treated as cancellations and subject to the charges in clause 9.2.
11.3 If you or any member of your booking is unable to travel, the person concerned may usually be able to transfer their place to someone else (introduced by you) providing we are notified not less than 31 days before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £75.00 must be paid before the transfer can take place.
11.4 For tours that include any internal flight bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
11.5 Administrative charges will also apply to amendments of additional extras such as single supplements and pre and post tour nights.
12. Limitation of Liability
12.1 We will ensure that the booking arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted booking arrangements.
12.2 Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees and suppliers do or do not do if they were at the time acting within the course of their employment (for our employees) or carrying out work we had asked them to do (for our suppliers).
12.3 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 acts and/or omissions of the person affected; or
b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
c) Force Majeure (as defined in clause 13).
d) due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided or foreseen even if all due care had to be exercised.
12.4 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times 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 may request copies of these Conventions from us. 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.
12.5 It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
12.6 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
12.7 we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
a) 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) relate to any business.
12.8 We cannot accept responsibility for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which your hotel or another supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract.
13. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability, refund or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, epidemics/pandemics, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
14. Complaints
14.1 In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform your Tour Leader so the problem or complaint can be resolved as soon as possible. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly.
14.2 If you remain dissatisfied, you must email us at info@offbeathorizons.com, within 7 days of the tour end date giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
15. Suppliers
In addition to being bound by our booking conditions, you will also be bound by the Terms and Conditions of the independent suppliers we chose to facilitate your booking. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 12.4). such terms and conditions are available on request from ourselves and the suppliers concerned.
16. Recommended Activities and Excursions
16.1 We cannot accept responsibility for any services which do not form part of our contract with you. This includes, for example, any activity, transportation, meal, product, service or event not explicitly stated in the itinerary which your hotel or another supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract.
16.2 You accept that any assistance given by your group leader or host in selecting, arranging or booking optional activities does not render us liable for them in any way. The contract for the provision of that item will be between you and activity provider. If you decide to participate you do so voluntarily and should take precautions to ensure your own safety.
16.3 We do not guarantee that any optional activity or recommendation mentioned on our website or marketing materials will be available to book during your trip as these services do not form part of our contract and are not under our control. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
17. Accuracy
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
18. Personal Data
All personal data will be handled as per our Privacy Policy.