Creative Walks booking conditions

These booking conditions govern all holidays booked with Creative Walks. Please read carefully before making your booking.

BOOKING CONDITIONS
1. YOUR CONTRACT
Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Creative Walks Ltd of Lynx House, Pynes Hill, Exeter, EX2 5JL.

2. YOUR PRICE AND PAYMENT
All prices in our written quotations, in our brochure and on our website are per person in £ sterling unless otherwise stated. We reserve the right to alter any of our advertised prices. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you make a request to us to book the holiday, you must pay a deposit of £250 per person or 20% (whichever is greater) of the full cost, or more if you are advised that there are additional deposits due to our suppliers at the time of confirmation, or the full cost if you are booking within 10 weeks of the starting date of the holiday. Your booking is confirmed and a contract between us exists when we issue our confirmation invoice. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the price is due 10 weeks before departure. If the balance payment is not received by the due date, it will be treated as a cancellation by you, and your deposit monies are forfeited.
Payment by American Express and Diners is not accepted.

3. YOUR RESPONSIBILITY FOR YOUR BOOKING
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of all members of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.

4. CHANGES AND CANCELLATIONS MADE BY YOU
You, or any member of your party, may cancel your booking at any time. Any cancellation by you of your booking may be notified to us by telephone but must be followed in writing by letter or email from the person who made the booking or from your travel agent. Cancellation will take effect from the date it is received at the Company’s offices. Since we incur costs in cancelling your booking, all cancellations are subject to cancellation charges as follows:

Amount of notice you give the Company before the scheduled departure date:  Amount of cancellation fee expressed as a % of total price:
More than 70 days Deposit monies paid
69-49 days  50% or loss of deposit monies paid (whichever is greater)
48-32 days  70% or loss of deposit monies paid (whichever is greater) 
31 days and less  100%


Some arrangements and conditions imposed by suppliers will necessitate a change to this schedule of charges. Any such change will be notified to you at the time of booking. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If, after our confirmation invoice has been issued, you wish to change your booking in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administrative charge of £50 per person, and any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made.

5. ABANDONMENT
If you choose to abandon the arrangements made by us on your behalf and instead to make your own arrangements, the Company accepts no liability and no refunds will be made for the services you choose not to take unless the Company is at fault.

6. CHANGES MADE BY US
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of accepting the change, or you can take any alternative we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive), or a refund of the money you’ve paid to us. These options don’t apply for minor changes and they don't apply as a result of unavoidable and extraordinary circumstances (see point 9). Examples of minor changes include, but are not limited to, change of accommodation to another of the same or higher standard, temporary withdrawal of facilities or seasonal unavailability of amenities.
You are obliged to inform the Company within 48 hours of receiving notification of the proposed changes of your decision.

7. CANCELLATIONS MADE BY US
We reserve the right to cancel your booking but will not cancel your booking less than 10 weeks before your departure date, except for reasons that are beyond our control, or failure by you to pay the final balance. If we do have to cancel your booking, we may be able to make an offer of an alternative of comparable standard, (we will refund any price difference if the alternative is of a lower value, or if it is higher in value, you may be asked to pay the difference), or a refund of the money you’ve paid to us, except where cancellation occurs as a result of unavoidable and extraordinary circumstances. See point 8. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us.

8. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
It may happen before departure that the confirmed arrangements cannot take place due to “unavoidable and extraordinary circumstances”. This will only apply where there is a situation beyond our control and the consequences of which could not have been avoided even if all reasonable measure had been taken.
If this situation does arise, there may be unrecoverable costs including our consideration which will not be refunded. There may also be costs or expenses you incur as a result. In anticipation of such events, it is a condition of booking with us that you have adequate insurance in place. In the first instance, a claim should be made to your insurance provider.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
For the avoidance of doubt, FCDO advisories against travel to a country, and any travel disruption which may be caused by the Covid-19 outbreak, may not be considered unavoidable or extraordinary circumstances.
No compensation, costs, expenses or any other sums, including the cost of securing alternative arrangements will be paid by us.

9. OUR RESPONSIBILITY FOR YOUR BOOKING
We have a duty to select the suppliers with reasonable skill and care. We have no liability to you for the actual provision of the booking, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations:
- where the arrangements cannot be provided as booked due to circumstances beyond our control.
- where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
- where you incur any loss or damage that relates to any business activity.
- where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of the arrangements. This limit does not apply to cases involving death or injury.

10. BEHAVIOUR
When you book arrangements through us, you accept responsibility for the proper conduct of all members of your party during the holiday. We reserve the right at any time to terminate the arrangements of any party member(s) whose behaviour is such, in the reasonable opinion of the provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage. Full cancellation charges will then apply, and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your arrangements being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.

11. OUR BROCHURE AND WEBSITE
The Company confirms that information contained in our brochures and on our website is given in good faith and believed correct at the time it is given. If any facilities referred to are withdrawn, altered or restricted we will advise you before you book or as soon as the Company is notified by the supplier of the changes. Facilities may be withdrawn for maintenance purposes or because of public holidays or adverse weather conditions, without notice to us, and the Company does not accept liability for this.

12. IF YOU HAVE A COMPLAINT
If you have a complaint about your arrangements, you must inform us (a 24-hour emergency number is provided with your holiday documentation) without undue delay and at the same time, you should also report the complaint to the supplier of the services. This is so that all reasonable steps can be taken to resolve the matter during your holiday. (Please note that overseas agents are not employees of the Company and you should not merely report your complaint to them without informing the Company in the UK at the same time). The Company’s right to be able to try to remedy the situation and put things right during your stay forms part of this contract and it is therefore your obligation to inform us of any problem during your holiday and to continue to inform us so that we can remedy the situation for you. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If your complaint is still not resolved locally, notification should be made to the Company in writing and for your own peace of mind by pre-paid recorded delivery within 28 days of the date scheduled for the end of your holiday. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)

13. DATA PROTECTION
For the purpose of this clause, Data Protection Legislation means: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018. We acknowledge that for the purposes of the Data Protection Legislation, the Company is the data controller with respect to personal data which you provide to us or we collect from you. Where we process such personal data, we shall do so in accordance with our Privacy Policy and in compliance with the Data Protection Legislation. We may process your personal data (i) as a legitimate interest of our business to provide our services to you through the Website; (ii) in order to perform the contract for services entered into with you under these Terms and Conditions. We may send you electronic or printed communications where we have received your consent to do so and such consent may be withdrawn at any time by contacting us. Our Privacy Notice sets out in further detail the categories of your personal data which we may process and our legal basis for processing it. We may process your personal data, which is either sensitive personal data or special category personal data where you have given explicit consent to the processing of such personal data for one or more specified purposes. Our Privacy Notice sets out in further detail the special categories of personal data which we may process and our legal basis for processing it. Where we use data processors, we shall ensure that we enter into contracts with such data processors which are compliant with the Data Protection Legislation.

14. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

15. PASSPORT, VISA AND HEALTH REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements (and any associated costs) are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
It is the responsibility of the party leader to ensure you are aware of all recommended vaccinations and health precautions in good time before departure and these recommendations are subject to change at any time. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org
Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.uk
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. 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 at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
You are advised most strongly to consult the Foreign, Commonwealth and Development Office before booking your holiday and to check regularly its updated travel information including visa, health and security details, on its website www.gov.uk/foreign-travel-advice

16. TRAVEL INSURANCE
It is your responsibility to ensure that you are adequately insured and it is a condition of booking with us that you have insurance adequate to your needs, which covers the entire cost of the booking and includes cover for, among others, personal injury, death, medical and repatriation costs for the countries you intend to visit, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure, travel disruption, and assistance abroad. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We reserve the right to view a copy of your insurance policy at any time.