Unforgettable Travel Company Ltd “UTC” Booking Conditions

These booking conditions apply to all bookings from February 10th, 2023 onwards. For any bookings made prior to this date, please refer to the booking conditions provided to you at the time of deposit payment.

All trips sold by UTC are subject to our Booking Conditions. It is essential to carefully read through our Booking Conditions as they set out important obligations and rights in regard to your booking. Every written communication related to your booking before its confirmation, along with these booking conditions, form the contract between you and Unforgettable Travel Company Ltd.

In these booking conditions, all references made to “your” and “you” are in reference to the first person who is named on the booking along with every other person including in the booking, or the person who has confirmed and paid for the booking when a booking is made on someone else’s behalf. References to “UTC”, “us”, “our”, “we” mean Unforgettable Travel Company Ltd. References to “deposit” mean any applicable first payment amount agreed between you and UTC. References to “departure date” mean the first date of of the trip arrangements we have agreed with you.

Before confirming the booking and paying the agreed deposit, please ensure that you have the authority to bind all members of the group to our Booking Conditions. The person who confirms the booking and makes a payment of deposit, is taken to have the authority to bind all members of the holiday party to these booking conditions. Payment of your deposit constitutes acceptance of our Booking Conditions and a binding contract between you and UTC. When requesting a booking that requires any age restrictions, you must be at least 18 years old and declare that all other group members in your group are of the appropriate age.

Upon the receipt of your deposit payment by UTC, you will be issued a booking confirmation document along with an invoice. Thoroughly check all travel details on your booking confirmation and invoice as soon as possible. If any errors are found on either document, it is critical that you inform us of any necessary changes as soon as possible and no later than within 7 days from the date the booking confirmation and invoice are issued. If you fail to do so, we cannot accept any liability for charges you may incur for making the necessary changes at a later stage.

You, and your party, agree to the use of your information in accordance with our Privacy Policy.

Payments/deposits

Deposit amounts vary greatly based on the particular details of the trip and upfront costs UTC will incur. Upon expressing interest to book your trip, the amount of required deposit will be confirmed. Your remaining balance (if applicable) will be due no less than 90 days before the departure date of your booking. If you book less than 90 days before departure, the total balance will be due immediately upon booking. If there is a remaining balance outstanding, which goes unpaid beyond the remaining balance due date, we will remind you of any amounts outstanding. If this balance remains unpaid without any agreement from UTC, we reserve the right to assume you wish to cancel your booking, which means cancellation charges will be applied as noted in our Amendment and Cancellation by You section below. All payments are to be made in US dollars, Australian Dollars, Euros or British Pound Sterling.

Payments can be made by credit card or bank transfer. UTC will not levy any bank or credit card charges, but it would be prudent for you to check whether your bank and/or credit card provider will charge you any foreign transaction fees or other charges before making the payment. UTC will not accept liability for additional charges levied by your bank or credit card provider.

Financial protection

All trips that include international flights from the UK are protected by a bond. The bond is held by the Civil Aviation Authority: ATOL number 7583. Every international flight that is booked with us departing from the UK will be issued with the appropriate ATOL certificate.

If we or the suppliers of your ATOL certificate are not able to perform any of the services listed (or a suitable alternative service through an ATOL holder) due to insolvency, the Trustees of Air Travel Trust may either confer a benefit on or pay to you under the ATOL scheme. In order to receive this benefit, you agree to assign those Trustees any claims for which may arise due to non-provision of those specific services. That includes all claims against us, the travel agent or the issuer of your credit card. You also agree that any claims made by you may be assigned to another body, if that particular body has paid you the amounts claimed under the ATOL scheme.

We also offer even greater financial security via our membership with the Association of Bonded Travel Organisers Trust Limited.

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for Unforgettable Travel Company, ABTOT number 5381, ATOL number 7583, and in the event of their insolvency, protection is provided for the following:

1. non-flight packages;
2. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made by customers outside the UK are only protected by ABTOT when purchased directly with Unforgettable Travel Company.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: www.legislation.gov.uk/uksi/2018/634/contents/made

All the flights and flight inclusive trips on unforgettabletravel.com are financially protected either by ABTOT or the ATOL scheme. When you pay for something protected by the ATOL scheme you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

Travel Insurance

We believe that it is essential for our customers to take out a travel insurance policy. This is to ensure that you will be covered during your travels. We reserve the right to request details of the travel insurance policy you have before your departure date. Should you choose to travel without adequate travel insurance, you should understand that we will not be liable for any losses that travel insurance would otherwise cover. If you lose any personal item(s) during your trip, we highly recommend that you file a local, written police report and also contact a local representative for help with the related insurance claim.

Immigration requirements: passports and visas

While we are able to assist with general information and any applicable visa requirements for your trip with us, you are responsible for meeting them, including complying with immigration, visa and passport regulations. Specific visa and passport requirements are to be obtained by you, as well as each individual within your party. We do not accept any responsibility if you’re unable to travel due to non-compliance related to immigration, passport or visa requirements, or due to health restrictions. If you incur any financial losses as a result of any or all of the above, those costs will not be our responsibility.

We strongly advise every passenger who travels with us to have a passport that is valid for at least 6 months after their departure date.

Health requirements

While we can provide limited, general information in regard to the health condition necessary for your trip, it’s important to check with your own health care provider, including the specific circumstances that relate to the region that you will be traveling to.

Website Information

We will always make an effort to ensure that the information on our website is accurate and not misleading in any way; however, the details on our site are subject to change and information may be changed at any time. We will inform you if there are any material changes to your trip.

Prices

We reserve the right to make changes to the prices of any trips that have not sold at any time and correct any errors in the prices of vacations that have been confirmed.

Note that the oil prices are constantly changing, while airlines apply fuel charges and taxes to their standard airfares. That means the surcharge amount changes frequently and can range anywhere from $80 to $300 per person for international flights. When we provide a quote to you upon booking, the levy is included; however, it is subject to change until your ticket is issued and you have paid in full. This levy as well as all other taxes will be included in the airfare that is quoted to you.

If there are any changes to charges, entry fees and/or taxes that we collect at net cost on behalf of local and government bodies, the amount will be refunded to you in full (Net Cost Charges) or passed on to you in full. We will not charge you for any increase that is equivalent to 2% of the price of the travel arrangements excluding insurance premiums, any amendment fees or Net Cost Charges, rather we agree to absorb this cost. You will only be charged if the amount is over and above that. If that occurs and results in an increase of over 10% of the total cost of confirmed travel arrangements (not including additional services and/or travel arrangements and/or amendment charges), we will give you the option of changing to another trip whenever possible of equivalent or higher quality. You will not have to pay more, but if the trip is of lower quality, we will refund the difference in price to you. Or, alternatively, cancel and provide a full refund of all monies paid to us other than additional services, travel arrangements, amendment charges and/or insurance premiums.

On the contrary, if the cost of your trip decreases due to the above changes by over 2% of the total trip price, you will receive a refund. However, it is important to note that not all of our travel arrangements are purchased in local currency. What this means to you is that there may be some changes to your trip that do not have any impact on the cost of travel due to protections and contractual agreements.

Children

All children who are the age of 12 or older are considered as adults when it comes to pricing. We offer an extensive number of itineraries tailor-made for families and advise contacting us to discuss the best options before you book your trip. We may be able to secure a reduction if you are traveling with one child, and sometimes two, if they will be sharing the same room with two accompanying adults; however, prices can and due vary depending on the specific accommodation. Oftentimes these options involving adding an additional bed in a standard double room, which helps to reduce the cost.

Amendment and Cancellation by You

(A) – Amendment

After your booking is made, if you require any alterations, we will do our best to help; however, we are unable to guarantee that this will be possible. If any amendments are made you will be responsible for any costs and charges that result. We also reserve the right to charge a $100 administration fee as well as any additional charges, if incurred by our suppliers.

(B) – Cancellation

You, or any member of your party, have the right to cancel your booking at any time.

The cancellation will be effective from the date that a written notification from the first-named person on the booking is received. This written notification is to be sent by email to [email protected]. The charges vary greatly as our travel itineraries can also vary significantly and tend to be quite complex. It is important to note that some international flights, hotels, ferries or private tours offered may be non-refundable, however, any non-refundable elements of your trip will be outlined in your quotation. Please read through your quotation thoroughly to see if any non-refundable services apply to your trip.

The total cancellation cost of your booking will be confirmed to you after we have received your written notification and will include any non-refundable services applicable and a percentage of the total itinerary cost as outlined below. The applicable cancellation charges will be deducted from any funds we have received from you as payment toward that booking.

Cancellation No. of Days Prior to Trip Departure Cancellation Charges

Greater than 120 days Non-refundable services, plus 10% of total cost of the itinerary

Greater than 90-119 days Non-refundable services, plus 25% of total cost of the itinerary

Greater than 60-89 days Non-refundable services, plus 50% of total cost of the itinerary

Greater than 31-59 days Non-refundable services, plus 75% of total cost of the itinerary

Greater than 0-30 days 100% of the total cost of the itinerary

Please note: Certain travel arrangements cannot be changed once they have been confirmed. Any non-refundable services will be outlined in our quote prior to booking and may incur a cancellation charge of up to 100% of the total cost of itinerary.

The reason for your cancellation may be covered under the terms of your travel insurance, so it is important to check your policy as you may be able to reclaim applicable charges through your provider.

Full Ship & Luxury Yacht Charters

Cancellation terms for full ship charters and luxury yachts vary according to the vessel. Please refer to the specific cancellation terms provided in your quote and booking confirmation.

Important: Please note that the payment of your deposit constitutes acceptance of our Booking Conditions, including cancellation terms, as outlined above and in our quotation and the online booking form.

Amendments and Cancellation By Us

(1) – Amendment

Occasionally it may be necessary for us to make amendments to services and products we advertise. In rare circumstances the changes can mean some modifications will be made to your trip after the booking has been made. If it is a minor change, we will do our best to notify you in advance; however, no compensation will be provided. “Minor changes” may include the following examples, if they occur prior to departure: A change of the outbound departure time or the duration of your trip by 12 hours or less; changes in the advertised name and identity of a carrier or carriers; flight times and/or aircraft types; or if your accommodation is changed to the same classification or standard of accommodation.

In the case of a minor change we will do our best to notify you in advance; however, in this instance there will be no compensation provided. “Minor changes” like these may include the following when taking place prior to departure: a change to the outbound departure time or trip length by 12 hours or less; changes to your accommodation to another that is the same classification or standard; flight times and/or aircraft types; changes to the identity and advertised name of any carriers.

With any material changes (“major changes”) such as your flight time changes by over 12 hours, a change in destination or a change to accommodation of lesser quality, we will notify you as soon as possible and provide you with alternatives. You may either (i) accept an agreeable alternative arrangement with us; (ii) book an alternative trip with us; or (iii) cancel your entire trip and receive a full refund. You will receive compensation for the cancellation when you choose any of these options, with the exception of changes due to Force Majeure or low bookings which is defined as follows:

Number of days’ notice prior to the departure date Compensation per Passenger More than 70 days Nil

69 – 43 days USD10

42 – 28 days USD20

27 -14 days USD40

Less than 14 days USD50

(2) – Trip Changes

If we are unable to provide you with a significant portion of your trip while you are on your trip, other arrangements of the same standard will be provided at no additional cost, or, alternatively you can choose to return to your point of departure, receiving a prorated refund for any part of the trip that you did not receive. Please note that this will not apply to any minor changes to the itinerary, transportation or accommodation as previously explained.

(3) – Cancellation

In the rare event that your trip must be cancelled, we reserve the right to do so. Understand that we will do everything possible to provide other arrangements that are comparable or of higher standard, as well as a price refund if applicable as noted above. Alternatively, we will provide you with a prompt, full refund if required as per this agreement.

(4) – Force Majeure

We will not be liable to compensate you unless otherwise stated in this agreement; we will not be liable for paying compensation if our contractual obligations to you are affected by any event that we the service(s) of our supplier(s) in question could not, even with all due care, avoid or foresee. Some examples may include, but are not limited to, events such as terrorist activities, war or threat of war, civil strife or consequences of such strive, or threat of those activities; riot or the act of a government, local or national authority which includes industrial disputes, port and river authorities, lock closure, fire, natural or nuclear disaster, biological or chemical disaster, inclement weather, river and sea conditions, as well as any similar types of events that are out of our, or the supplier(s) control If it is advised from the Foreign Office to leave or avoid a certain country, it may constitute Force Majeure.

(5) – Travel Delays

Our itineraries are created around major international airline carriers and their particular service schedules; while these airlines typically run to schedule or within minutes of said schedule, delays may happen. If this occurs we are unable to accept responsibility and cannot provide compensation for additional costs related to delays, such as overnight accommodation and meals.

Cruise Itinerary Changes due to Poor Weather or Operational Reasons

Please note that with any cruise, the captain of the vessel reserves the right to amend the itinerary if there is poor weather or an operational reason, which could result in clients being put at danger. Should this happen, we and the crew on the ship will do our utmost to accommodate you but we will not offer any compensation for necessary changes we make to protect our guests safety.

Our Responsibilities to you

Unforgettable Travel Company Ltd, shall be responsible to for supplying the services and accommodation described in the relevant itinerary with reasonable skill and care. Where the contract is not performed, or is performed improperly by us or our subsidiaries, sub-contractors, employees, suppliers, agents or other co-operating organisations, we will, if appropriate, provide alternative arrangements, and, if of a lower quality, pay you appropriate compensation unless this failure is due to i) you; ii) a third party unconnected with the provision of these services where this failure is unforeseeable or unavoidable; iii) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or iv) an event which neither we nor our suppliers nor our agents or other co-operating organisations could have foreseen or forestalled, even with all due care. In such circumstances, we will do their best to supply comparable services, accommodations and itineraries and in any event we shall offer you such prompt assistance as is reasonable in the circumstances, but there shall be no refund in this connection.

Liability Disclaimer

Neither Unforgettable Travel Company Ltd, its subsidiaries, sub-contractors, employees, shareholders, directors, suppliers, agents, and assigns (further referred to as UTC) own or operate any person or entity which does or is to provide goods or services for any of these trips.

The client shall indemnify and hold harmless UTC, from all disputes, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of UTC, arising out of any goods or services provided for this trips or any component within.

You are voluntarily participating in the trip with UTC, and as lawful consideration for the agreement to travel with UTC, you agree not to make a claim against UTC, its related companies, officers and employees for any injury or future medical condition, death, or any other claim and agree to release UTC, its related companies, directors, and employees from any such claim. This release is binding on all members of your party, as well as your estate and heirs and this provision shall be enforceable at any future time.

Additionally, responsibility is not accepted for losses or expenses due to illness or injury, lack of appropriate medical facilities or availability of qualified medical practitioners, adverse weather conditions, strikes, criminal acts including theft or otherwise, war situations, terrorism or threat of terrorism, computer system issues, or any other such causes. Other risks may arise such as, but not limited to, the hazards of travelling in any worldwide country including undeveloped areas, the general hazards when travelling by aircraft, van, coach, train, ship, automobile, or other motorised vehicle, differing standards of safety, sickness, criminal acts committed by others, allergic reactions including encounters with animals.

You agree to be bound by the conditions of carriage for all transportation providers. UTC does not maintain control or operate the equipment, personnel or operations of these suppliers it uses and as such UTC assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (a) any wrongful, negligent, wilful or unauthorised acts or omissions on the part of any of the suppliers or other employees or agents, (b) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (c) any wrongful, wilful or negligent act or omission on the part of any other party.

UTC is not responsible and shall provide no compensation if your flight schedule changes so that you are not able to enjoy the entirety of your trip. Furthermore, UTC does not accept liability for any carrier’s cancellation penalty incurred by the purchase of a non-refundable airline or other ticket to airport of arrival and return or otherwise. Baggage and personal effects are always the sole responsibility of the owner.

All services and accommodations are subject to the laws of the country in which they are provided. UTC reserves the right to make changes in the published itinerary whenever, in their sole judgment, if weather conditions or any other condition warrants, or if UTC deems it necessary for the comfort, convenience, or safety of the tour. UTC reserves the right to withdraw any trip at any time and reserves the right to decline to accept any person, or to require any client to withdraw from the tour at any time, when such action is determined by the Tour Director to be in the best interests of the health, safety, and general welfare of the other clients participating or of the individual participant.

UTC is not responsible, and will not be bound by, representations made by third party representatives, travel agents, unaffiliated websites, or any other third party.

Payment of the deposit to UTC constitutes acceptance of these terms and conditions. UTC reserves the right to modify these terms and conditions at any time, without notice.

EU Flight Delays

EU regulations state that you may have rights to compensation and/or refunds from your airline in cases of delays, cancellations or the denial of boarding flights. The full details of your rights at EU airports and from airlines that fly to EU destinations can be accessed. Please note that receiving reimbursement from airlines in this case will not also entitle you to refund of your trip cost from us.

Your entitlement to compensation and/or refund from us is set out as noted previously in this agreement. If the booking conditions require us to make any payments to you, any payment made to you by the airline will be deducted from the total amount. If your airline does not comply you can file a complaint with the Civil Aviation Authority by calling +44 20 7379 7311 or by visiting www.caa.co.uk

Complaints

We always aim to do our best to ensure that your trip runs smoothly and on schedule; however, if any problems do arise, we ask you to contact the relevant supplier, such as the hotelier, immediately in regard to the issue. It will be resolved as soon as possible; however, if in the rare case it is not, please contact us by telephone as soon as possible. If you do not do this, it will affect the relevant supplier’s ability, and our ability to assist in taking your complaint further and it will also affect your rights as laid out in this agreement. If your complaint cannot be resolved to your satisfaction, please send a formal written complaint within 28 days of the last date of your trip, including your booking reference and all necessary details related to the issue. Please ensure that your correspondence be as concise as possible so that we may quickly identify the problem to address it as quickly as we can.

Documentation

Approximately four weeks prior to your departure date you will receive all the details about your trip and any flight confirmations. Your flight tickets, in most cases, will be in the form of e-tickets, although it is possible that paper tickets may also be issued and sent by mail. Understand that our itinerary or financial summary is not a document you can use to travel with. You will need a valid ticket for traveling before departure or the airline may request that you pay for the ticket(s) again. If there are any problems with your documentation, or if any emergencies occur, please contact us via our 24-hour emergency number which can be located on your final itinerary letter.

Law

Your Contract is with Unforgettable Travel Company Ltd, registered in England under no. 9738411, registered address: 86-90 Paul Street, London, EC2A 4NE. All cases concerning this contract will be governed by the Law of England and Wales, regardless of your country of residency.