Booking Terms & conditions

1: SEYEXCLUSIVE

1.1
Your contract is with Seyexclusive Limited. Seyexclusive and Seyexclusive.com are trading names of Seyexclusive Limited. The registered office is 25 Chesterton Drive, Stratford-Upon-Avon, Warwickshire, CV37 7LG.  The company is registered in England and the registered number is 06678926.

1.2
We are a fully bonded holder of an Air Travel Organisers Licence (ATOL), licensed by the Civil Aviation Authority. The air holiday packages from the UK are ATOL protected. Our ATOL number is 9318.

2: YOU

2.1
You must be based in the UK to contract with us. In any event, you must be 18 years old and have legal capacity to book and travel on holidays with us. If you are under 18 years old an adult must accompany you on your journey.

3: YOUR RESERVATION

3.1
To make your reservation, please call us and one of our travel specialists will provide you with information on your chosen destination. You may then make you booking, either:

3.1.1
By telephone – our travel specialists will repeat all aspects of your proposed itinerary, the names and correct spelling of persons travelling (as shown on the passports), the date of birth of each child travelling and confirm that you have read and agreed to these terms & conditions. We will then send you a draft itinerary and you will have the opportunity to amend any errors or change any details of your trip. The provision of a draft itinerary is an invitation to treat and will not amount to an offer by us to you.

Once you approve the draft itinerary, we will ask you to sign the itinerary and these terms & conditions and return the signed documents to us. We will also ask you to pay a deposit of 20% of the cost of your holiday. The approval of a draft itinerary, the return of the signed documentation and/or the payment of the deposit by you will only amount to an offer by you to us.

If your offer is accepted by us, a contract will only be formed by way of sending you written or e-mailed confirmation of the approved itinerary. If your offer is rejected by us, we will refund any monies paid to us in full

3.1.2
By e-mail – complete the “request an itinerary” form online. We will then send you an itinerary and you will have the opportunity to amend any errors or change any details of your trip. We will then send you a draft itinerary and you will have the opportunity to amend any errors or change any details of your trip. The provision of a draft itinerary is an invitation to treat and will not amount to an offer by us to you.

Once you approve a draft itinerary, we will ask you to pay a deposit of 20% of the cost of your holiday. The approval of a draft itinerary and/or the payment of the deposit by you will only amount to an offer by you to us.

If your offer is accepted by us, a contract will only be formed by way of sending you written or e-mailed confirmation of the approved itinerary. If your offer is rejected by us, we will refund any monies paid to us in full.

3.1.3
By post or facsimile – print a copy of the “request an itinerary” form from our website and send it to us. We will then send you a draft itinerary and you will have the opportunity to amend any errors or change any details of your trip. The provision of a draft itinerary is an invitation to treat and will not amount to an offer by us to you.

Once you approve the draft itinerary, we will ask you to sign the itinerary and these terms & conditions and return the signed documents to us. We will also ask you to pay a deposit of 20% of the cost of your holiday. The approval of a draft itinerary, the return of the signed documentation and/or the payment of the deposit by you will only amount to an offer by you to us.

If your offer is accepted by us, a contract will only be formed by way of sending you written or e-mailed confirmation of the approved itinerary. If your offer is rejected by us, we will refund any monies paid to us in full.

3.2
All holidays and offers published are subject to availability at the time of booking. All holidays and offers published are only invitations to treat.

3.3
By asking us or your travel agent to make a reservation, you are accepting that these Terms and Conditions apply to your booking and your travel arrangements. You also consent to our processing Personal Data (as defined in the Data Protection Act 1998) about you and other members of your party.

3.4
We will usually send you the written or e-mailed confirmation of an approved itinerary and an invoice within 7 days of the receipt of your offer. This invoice will state the outstanding balance and due date for payment. No further reminder will be issued.

3.5
If you book through one of our authorized travel agents, please note that all monies paid to your travel agent are at all times held by the travel agent as agent for Seyexclusive.

4: PRICE

4.1
We reserve the right to amend prices at any time. We also reserve the right to correct errors in both advertised and published prices. We will do so as soon as we are aware of any error. You will be advised of any changes when booking. Your price is guaranteed once we have sent written confirmation of your booking and will not be subject to any surcharges (except as provided for in this clause).

4.2
Your holiday price is based on costs known at the date of booking and on relevant rates as at that date. It is subject to variation only to reflect subsequent increases in transportation costs (including (but not limited to) fuel, airport charges and air fares), duties, taxes (including VAT), exchange rate variations and changes to fees chargeable for services.

4.3
We will absorb any such price increases up to an equivalent of 2% of the holiday price. However, if the price increases exceed 2%, we will notify you accordingly and reserve the right to charge you the extra amount up to a maximum of 10%. If the change in price is greater than 10%, you will have the right to cancel the holiday within 14 days of such notification with full refund of all monies paid or accept the price increase of over 10%.

4.4
We are under no obligation to give a breakdown of the costs involved in a holiday.

5: ALTERATIONS BY YOU

5.1
If you request a change in the dates or content of your itinerary after we have confirmed a booking, we will do our best to meet your revised requirements. However, we reserve the right to charge an alteration fee of 2% of the holiday price. Any requests received within eight weeks before departure may be treated as a cancellation and re-booking and thus subject to cancellation charges.

5.2
Many of our suppliers (particularly airlines and safari operators) do not permit us to change names or travel dates and impose full cancellation charges. We will pass these onto you in addition to our alteration fee where applicable.

6: ABANDONMENT BY YOU

6.1
If you choose to abandon the arrangements made by us on your behalf during the course of your holiday, we accept no liability and no refunds will be made for the services you choose not to take unless we are at fault.

6.2
Abandonment of your holiday may be deemed to have taken place if you miss your outward means of transportation through no fault of ours. Although we will assist you in whatever way we can to make new arrangements for you, you will have to pay for any costs incurred. Travel tickets and hotel or car-hire vouchers are only valid for the dates shown and cannot be transferred to different dates.

7: CANCELLATION BY YOU

7.1
Cancellations by you must be in writing to us and will be effective on the day we receive them. Recorded delivery is recommended but we will accept faxes if signed by the signatory to the booking form. Faxed cancellations must be confirmed in the post and by phone.

7.2
Depending on when notification of cancellation is received so cancellation charges will apply as follows:

7.3
We cannot give any allowance or refund for meals, accommodation, transport etc., not taken when these are included in the holiday price.

7.4
We cannot give any allowance or refund once the holiday has started or for cancelling part of the holiday.

7.5
If your reason for cancelling is because of events beyond your control (e.g. Illness, death of a close relative etc.) you may transfer your booking to another party (except for flights) provided that you give us reasonable notice to make such arrangements and that you and the transferee agree to be jointly and severally liable for any outstanding payment under the contract.

8: IF WE CHANGE OR CANCEL YOUR HOLIDAY

8.1
We will only cancel your holiday if you fail to make full payment on time or we are forced to do so as a result of circumstances out of our control.

8.2
Although it is unlikely that we will have to make any changes to your travel arrangements, as they are often booked months in advance it may be necessary to make changes and we reserve the right to do so at any time. Most changes are minor. Sometimes, we have to make significant changes in your travel arrangements, by which we mean one or more of the following changes when made before departure:

8.2.1
A change of accommodation to that of a lower price or standard for the whole or major part of your holiday.
8.2.2
A change of accommodation area for the whole or major part of your holiday.
8.2.3
A change to any transport which forms part of your holiday arrangements by more than 12 hours.
8.2.4
A change of the overall length of holiday by more than 12 hours.

8.3
If we become aware of a significant change or we have to cancel your booking before departure, you or the travel agent will be notified as soon as possible. You will then be offered the following options:

8.3.1
Accepting the changed arrangements as notified to you; or
8.3.2
Purchasing another holiday from us. If the chosen alternative is less expensive than your original holiday, we will refund the difference but if it is more expensive, we will ask you to pay the difference; or
8.3.3
Cancelling your holiday and receiving a full refund of all the monies you have paid to us.

8.4
If you cancel and receive a full refund following a significant notification made for any reason other than “force majeure” (as defined below) you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change:

9: FORCE MAJEURE

9.1
Seyexclusive regrets that it cannot accept any liability or pay any compensation where the performance or prompt performance of its contractual obligations is prevented or affected by “force majeure”.

9.2
In these Terms and Conditions, “force majeure” means any event that we or the supplier of the service(s) in question could not reasonably foresee or avoid. Such events may include war or threat of war, riot, civil disobedience or strife, terrorist activity, industrial dispute, airline scheduled changes, natural disaster, adverse weather conditions, level of water, fire and all similar events outside our control.

9.3
Advice from the Foreign Office not to enter or remain in a particular country or area will generally be regarded as ‘force majeure’. Seyexclusive will act on such advice.

10: LIABILITY - SEYEXCLUSIVE TO YOU - THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION

10.1
We accept liability to you in accordance with regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992 (“the regulations”) for the proper performance of our obligations under the contract irrespective of whether such obligations are to be performed by us or by other suppliers of services.

10.2
Our statutory liability in regard to the regulations is subject to exceptions set out in the regulations.

10.3
Notwithstanding paragraphs (a) and (b) above, our liability and/or the amount of compensation payable by us is limited in accordance with the relevant international conventions including the Warsaw, Geneva, Berne, Athens, Montreal and Paris conventions.

10.4
To the fullest extent permitted by law we are not responsible for:

10.4.1
any loss, death or injury that is attributable to your acts or omissions, or the acts or omissions of third parties, or
10.4.2
any loss, death or injury that is attributable to unusual or unforeseen circumstances.

10.5
We cannot accept any responsibility for weather conditions or the presence or absence of particular wildlife from your safari. In particular, severe drought conditions can lead to local authorities imposing restrictions on use of water, conversely un-seasonal rains may make a particular location impassable.

10.6
If you are unhappy with any of your holiday while you are away you must address your complaint at the earliest opportunity to the supplier of services and to us. If the problem is not resolved by the end of your holiday then you must supply us with full written details within 30 days thereof. Failure by you to complain at such earliest opportunities may prejudice your legal rights.

10.7
We are not responsible for any incorrect information in brochures supplied by ourselves that are produced by the individual operators or suppliers.

10.8
You are responsible for the conduct of any children travelling with you.

10.9
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement

10.10
We will not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of any of our travel products or services.

10.11
We will not be liable for any loss of enjoyment, pleasure or opportunity to relax or any increase in stress arising in contract, tort or otherwise in relation to any of our travel products or services

10.12
Our maximum liability to pay you compensation for damage (other than for personal injury resulting from our negligence or fraud by us) is limited to a full refund of the holiday price.

10.13
Nothing in these Terms & Conditions limits or excludes our liability:

10.13.1
for death or personal injury resulting from our negligence; or
10.13.2
for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us;

11: LIABILITY - YOU TO SEYEXCLUSIVE

11.1
It is your responsibility to ensure that you and all travelling with you have valid passports (with at least 6 months validity beyond the date of your return), appropriate visas, inoculation certificates and any other necessary travel documents are in order. We reserve the right to charge you any costs incurred by us due to your failure in relation to these obligations.

11.2
It is your responsibility to check in for your flights by the correct time and to be in the right place at the right time for ground travel arrangements. We do not accept liability if you fail to do so. No credits or refunds will be given for lost or mislaid tickets or other travel documents.

11.3
It is a condition of your contract with us that you act with reasonable prudence and circumspection whilst on holiday and that you comply with all health and safety requirements of guides, camps etc.

11.4
The conditions of business of the suppliers of accommodation, transport and other services which form part of your holiday will apply. This may mean that you will be required by such suppliers to sign liability waivers or other documentation for some potentially more hazardous activities such as balloon, canoe, walking and riding safaris and whitewater rafting.

12: COMPLAINTS

12.1
Whilst we aim to ensure your holiday runs smoothly, problems may arise. Please follow our complaints procedure below to minimize inconvenience to all parties involved.

12.2
Any complaint should be reported immediately and directly to the supplier involved and as soon as possible to our local representative. If you fail to follow this simple procedure, your right to claim compensation may be affected as we will have been deprived of the opportunity to investigate and rectify the problem.

12. 3
In the event that neither our representative nor our supplier is able to resolve the matter to your complete satisfaction, please telephone, e-mail, fax your complaints to Seyexclusive in Stratford-upon Avon on Tel 0844 8009722, fax 01789 415209 or e-mail enquiries@seyexclusive.com. Any costs incurred will be fully refunded.

12.4
Once we have received the complaint we will act immediately to resolve the matter. Our aim is to resolve any problems which you may have so that you can continue to enjoy your holiday to the fullest.

12.5
Should you feel that on your return that matters have not been satisfactorily resolved, please write to Seyexclusive providing full details of your dissatisfaction within 28 days from the end of your holiday.

12.6
We regret that we cannot accept liability in relation to any complaint or claim which is not notified entirely in accordance with this clause.

13: INSURANCE

13.1
You must be suitably insured either through the insurance cover we offer through Travel and General or with another insurer offering at least equivalent cover before we will accept your booking.

14: WEBSITE DESCRIPTION

14.1
We pride ourselves at Seyexclusive in having inspected all of our hotels listed and every effort has been made to convey the details, descriptions and price accurately. However, changes do occur and therefore we will advise you at the time of your booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible to control all elements of the holiday where advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency, repair works, etc.

15: LAW & JURISDICTION

15.1
Your contract with us is governed by the laws of England & Wales and subject to the exclusive jurisdiction of the Courts of England & Wales.