Within these conditions, ‘you’ and ‘your’ means all persons named on the booking. By making a booking, the ‘lead passenger’ specified in the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking. For the avoidance of doubt, ‘written’ or ‘in writing’ shall, where used in these terms and conditions, include email.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these booking conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age and, where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking
Bookings can be made via our website at www.windandcloudtravel.com, by telephone, or by emailing email@example.com, but your booking is not confirmed until we have issued a booking confirmation and have received a deposit payment of 20%. With the deposit payment you have accepted our offer and entered a binding contract.
If we send you a booking confirmation that differs from your initial enquiry, we are bound by this new offer for 10 days, during which time you can decide whether or not you want to go ahead with the booking.
A booking more than three months in advance needs to be secured with a 20% deposit. The full balance is due 6 weeks before your departure date. If you are booking less than three months before departure, you need to pay the amount in full.
Where the balance owed is not paid prior to the 6-week deadline, we reserve the right to cancel the booking and retain the deposit.
A detailed description of the travel services that are subject of the contract can be found on the relevant page on our website www.windandcloudtravel.com or in the offer you received. We cannot assume responsibility for any costs incurred for any arrangements purchased separately.
We endeavour to ensure that the information and prices on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You should therefore check the current price and all other details relating to the arrangements that you wish to book.
Many of the aspects of your booking with us are provided by independent suppliers, who provide such products and services on the basis of their own terms and conditions. In particular, tickets for travel on other carriers are subject to the normal conditions of carriage of the individual carrier.
Bookings that include rail travel
If your train is delayed or cancelled, please contact us and we will provide assistance in arranging public transport alternatives. Depending on the specific circumstances and availability of transport options, your itinerary may have to be rearranged. In such case, we are not liable to provide compensation for any missed portion of your tour.
Missed Departures: we are not liable for compensation due to missed train departures. You can contact us for assistance in this case.
Ticket Collection: please note, once your train ticket has been purchased by us, it is non-amendable and non-refundable unless the service is cancelled or delayed.
Changes to your confirmed trip
While we do everything reasonably possible to provide your itinerary and/or services as planned, we reserve the right to alter itineraries, transport or accommodation, if required. In the case of accommodation, a similar standard of accommodation will be obtained wherever possible. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date.
In the unlikely event, however, that we are required to significantly alter a material part of your tour, we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled to:
- take an alternative tour of equivalent quality, if we are able to offer that; or
- take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or
- cancel your booking and obtain a full refund of all payments made.
Changes in price
A change in price after you booked can only happen due to changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, a change in exchange rates or embarkation/disembarkation fees at ports. However, there will be no change within 20 days of your departure.
If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all payments made, except for any amendment charges. Should you decide to cancel, you must do so within the time period shown on your final invoice.
Cancellation by you
You can cancel you booking at any time by informing us in writing. The effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.
up to 90 days before departure: 10% of the tour price
89 – 31 days before departure: 20% of the tour price
30 – 22 days before departure: 30% of the tour price
21 – 14 days before departure: 60% of the tour price
13 – 7 days before departure: 80% of the tour price
6 days before departure or in the event of a ‘no show’: 100% of the tour price
Cancellation may also result in you becoming liable for cancellation charges levied by relevant third-party providers and/or an administration fee to cover actual losses that directly result from your cancellation. This could include costs already paid or loss of profit. The fee is typically 10% of the total cost of the tour, up to a maximum of £200. Any such costs or charges should be payable to us, so that we may remit them to the relevant provider on your behalf. Please contact us if you would like details of supplier cancellation charges relevant to your booking.
Wind & Cloud Travel strongly recommend that you arrange suitable travel, medical and cancellation insurance.
Cancellation by Wind & Cloud Travel
We will only cancel tours due to unavoidable and extraordinary circumstances which are out with our control or which might jeopardise your safety. If we cancel your tour then we will notify you as soon as possible and we will always refund you, in full, for all sums paid by you.
Cancellation due to travel restrictions and COVID-19 related reasons
We recognise the increased uncertainty and significant concern, that COVID-19 is causing across the World. With the situation changing each day, we will continue to follow the advice outlined by the government and relevant authorities. For guests wishing to proceed with a new reservation, please note that Wind & Cloud Travel is trading as per our standard booking terms and conditions, including payment schedules. You are making your reservation at your own risk, and in doing so accept that new reservations may be subject to change as a result of revised government guidelines relating to travel. Please find different scenarios below.
If the Foreign, Commonwealth and Development Office or the equivalent government body of your country of origin advise against travel within the United Kingdom, you can choose to change to an alternative trip/postpone to a future date (free of charge but price increases may be evident if you increase the length of stay or move from an off-peak to a peak date) or cancel (cancellation fees may apply). The same applies if you are required to quarantine upon arrival. All cancellations must be done in writing.
If you have been diagnosed with COVID-19 or have been in contact with someone that has been diagnosed with COVID-19 and you need to self-isolate, preventing you form travelling, our normal cancellation policy applies. However, in the interest of good customer relations, we will make every effort to keep cancellation fees to a minimum.
You are responsible for ensuring that you have all necessary passports, visas and other travel documents and that you are at the correct departure point at the correct time. We cannot accept any responsibility for your failure to do so, nor any costs or expenses incurred as a result of you failing to do so (which will be treated as a cancellation by you). No refunds will be made for any missed departures or unused services.
If you or any member of your party has any disability or medical problem which may affect their ability to travel, please provide us with full details at the time of making your booking enquiry, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way then we cannot be held responsible for any cost or inconvenience incurred if we are unable to accommodate you or any member of your party.
In the event that you have any complaint during the course of your travels with us, please bring this to our attention or the attention of your driver/guide at the first opportunity. We will endeavour to resolve the matter to your satisfaction. Failure to do so will affect our ability to investigate and resolve the matter, and might result in loss of compensation. 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.
We will accept responsibility for the arrangements we have agreed to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: www.legislation.gov.uk
We promise to make sure that all arrangements agreed on as per contract are made, performed or provided with maximum care. This means that, subject to these booking conditions, we will accept responsibility if your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers.
We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services which any supplier agrees to provide or arrange for you where we have not agreed to provide or arrange these services as part of our contract.
We will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any supplier or person providing services in connection with any tour unless such a person is employed by or under the direct control of Wind & Cloud Travel. Although we will use reasonable skill and care in verifying descriptions and other information provided by third party suppliers, we cannot guarantee that all such information is accurate, complete or correct and each such supplier remains responsible for the accuracy, completeness and correctness of the information provided to us by them.
We cannot assume responsibility for any costs incurred for any travel arrangements purchased separately.
We shall not be liable for unforeseeable or indirect losses. We will not be responsible for, nor will we be liable to pay compensation for, any loss, cost, damage or claim to the extent that it results from:
- any act and/or omission by you;
- the act or omission of any third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
- unusual or unforeseeable circumstances beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if all due care had been taken; or
- any event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.
If we are found liable to pay you compensation, then (subject to the following paragraphs) the maximum amount which we will be liable to pay to you in respect of any claim shall be limited to two times the price paid to us for your booking, in total. This limitation shall not apply to any claims relating to death or personal injury or fraud or negligence (or any other type of claim that cannot be excluded or limited at law). You must notify us of any potential claims under this provision at the earliest opportunity.
We do not accept any liability for any loss, inconvenience or damage caused by war, threat of war riot or civil strife, terrorist activity, industrial disputes, natural disaster, fires, sickness, weather conditions, airport regulations, temporary, technical, mechanical or electrical breakdown of transport or any facilities contained within advertised accommodation, explosion of any nuclear plant or part thereof or radioactivity/contamination arising from such plant or events beyond the reasonable control of Wind & Cloud Travel.
Your financial protection
We provide full financial protection for our package holidays, by way of a financial failure insurance with IPP. IPP will financially protect your payments so that in the event of our financial failure before you have travelled, you will receive a full refund of all payments made to us. If you book arrangements other than a package holiday from us, your payment will not be financially protected. Please ask us for further details.
We take your privacy seriously and will always endeavour to process your personal information in accordance with applicable data protection laws. In order to process your booking and to ensure that your travel arrangements run smoothly, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). Where you have consented, we may also use the information provided to keep in touch with you and to advise you of our products and services (including special offers) from time to time. We may also pass personal information on to third parties (such as accommodation providers or other suppliers relevant to your booking) where necessary and where appropriate measures are in place. We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your booking.
Wind & Cloud Travel LTD
Managing Director: Katja Wündrich
43 Hopetoun Road
South Queensferry EH30 9RB