Terms and conditions
Once we have offered you a provisional place on one of our programmes and you have accepted it you will need pay a holding deposit in order to hold the place. The holding deposit is £500 per person. Payment of the holding deposit will hold your place but you will not have a secure place and a firm contract with Glasscastle Ltd until you have made the full payment which is due within 90 days of the programme beginning. A place becomes legally binding only from the date when Glasscastle Ltd. confirms its acceptance in writing and issues a confirmation invoice following the full payment of the programme fee. It is at this point that a contract between Glasscastle Ltd. and you (the ’Client’) comes into existence. The contract is between Glasscastle Ltd. and the Client, being the person named on the confirmation invoice.
No agent or employee of Glasscastle Ltd. other than a director has the authority to vary or omit any of these conditions or promise any discount or refund.
The holding deposit of £500 should normally be paid within 21 working days of receiving the offer of a provisional place on the programme.
The remainder of the fee must be paid in two tranches, the first half of the remainder to be paid 180 days before the programme begins and the second half of the remainder payment to be paid 90 days before the programme begins.
Payment should be made to Glasscastle Ltd. in the way that they stipulate when offering you a place. Glasscastle Ltd. will not accept responsibility for any monies sent by post Glasscastle Ltd. reserves the right to pass on any charges relating to returned cheques and credit card charge backs.
Changes by Glasscastle Ltd.
Glasscastle Ltd. aims to operate the programme as advertised, but by entering into the contract the Client accepts that it may prove necessary or advisable to vary or modify the itinerary or its contents due to prevailing local conditions or any other reason. Glasscastle Ltd. reserves the right at any time to cancel or change any of the facilities or services described in our brochure or website, and to substitute alternative arrangements of comparable monetary value; and it accepts no liability whatsoever to the Client for loss of enjoyment as a result of these changes. Where a major change is made prior to departure the Client will have the choice of either:
(1) a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or
(2) cancelling the programme and obtaining a full refund.
The definition of “major change” is a change that is reasonably required but will depend on the individual programme and circumstances.
Examples of minor changes include a change of accommodation to another commensurate to the standard as advertised within the brochure, for the specific programme as confirmed by the client.
Provided that the major change prior to departure is due to “Force Majeure” or Low Bookings compensation will be limited to £40 per participant. Force Majeure includes war, threat of war, riot, civil strife, terrorist activity or threat of terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, closures or congestion at airports or ports, or other similar events beyond the control of Glasscastle Ltd. Low Bookings is where the minimum number of passengers to run a programme and make it viable is not achieved. Please note that prices detailed in Glasscastle Ltd.'s brochures or online may be subject to change, for reasons beyond the control of Glasscastle Ltd.
Cancellation by Glasscastle Ltd.
Glasscastle Ltd. reserves the right to cancel a programme in any circumstances but will not do so less than 42 days before departure, except for reasons of Force Majeure or Low Bookings. Excluding cancellations due to these two reasons, Glasscastle Ltd. will, upon cancellation, return all monies paid excluding payment for travel insurance or offer an alternative programme of comparable standard.
Glasscastle Ltd. reserves the right to increase the programme cost to take account of the following: government action, currency exchange rates, transportation costs (including the cost of fuel). If the surcharge results in an increase of more than 10% of the programme cost excluding insurance premiums and amendment charges, Glasscastle Ltd. must notify the Client as quickly as possible in order to enable him to take appropriate decisions, and the Client may then cancel the booking within seven days of being notified of the surcharge and obtain a full refund. If the client decides to cancel, Glasscastle Ltd. will consider an appropriate refund of insurance premiums paid if the Client can show that he is unable to transfer or re-use his policy. Should he decide to cancel for this reason, he must exercise his right to do so within 14 days from the issue date printed on his final invoice. No surcharge will be imposed within 30 days of departure.
The Client MUST take out suitable travel insurance in order to take part in a programme organised by Glasscastle Ltd. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident before or during the programme and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities in their programme. Baggage and personal effects are at all times the Client’s sole responsibility.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Glasscastle Ltd., and in the event of their insolvency, protection is provided for the following:
- non-flight packages commencing in and returning to the UK;
- non-flight packages commencing and returning to a country other than the UK; and
- flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Glasscastle Ltd..
Passports, visas and vaccinations
Clients must ensure they are aware of all relevant passport and visa requirements and allow adequate time to obtain them. Please note that many countries require that passports are valid for six months beyond the period of the Client’s stay. Requirements can change and it is the Client’s responsibility to comply with current passport, visa and health requirements and to bring all necessary documents with them. The Client will be solely responsible for any cost, loss or damage which he or Glasscastle Ltd. incurs as a result of a failure to obtain all necessary passports, visas and/or vaccinations.
It is the Client’s responsibility not to behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers and Glasscastle Ltd. have the right to terminate arrangements made on the Client’s behalf, in which case Glasscastle Ltd.’s responsibility to the Client ceases immediately. Therefore, Glasscastle Ltd. will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Client will be liable to reimburse Glasscastle Ltd. for any expenses whatsoever that it incurs as a result of such behaviour.
Age, fitness and participation
All Clients are expected to satisfy themselves before booking that they are fit and able to complete the itinerary of their chosen programme as described in Glasscastle Ltd.’s brochures. Glasscastle Ltd. is not suitable for those over the age of 70 years. No minors (ie those under 18 years of age) can be accepted on a programme run by Glasscastle Ltd.
Clients agree to accept the authority and decisions of Glasscastle Ltd.’s employees, programme leaders, and agents while on a Glasscastle Ltd. Programme. If, in the opinion of such persons, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the programme, the Client may be excluded from all or part of the programme, in which case all monies paid will be forfeited and Glasscastle Ltd. will not be liable to pay any compensation whatsoever to such Client.
All participants in programmes operated by Glasscastle Ltd. are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Glasscastle Ltd. of all obligations that it may otherwise have under the contract.
Illness or disability
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such a condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the programme. Failure to make such disclosure will constitute a breach of these booking conditions and may result in such persons being excluded from the programme. In such a case all monies paid will be forfeited and Glasscastle Ltd. will not be liable to pay any compensation whatsoever. If the chosen programme includes an excursion or transfer by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the programme but will enable Glasscastle Ltd. to take additional precautions for the Client’s safety at such times as may be appropriate.
If the Client has a complaint about any of the programme arrangements, it must be brought to the attention of the programme leader or other representative of Glasscastle Ltd. at the time so that they may use reasonable endeavours to rectify the situation. Failure to complain at the time will affect the Client’s ability to claim compensation from Glasscastle Ltd. Should the problem remain unsolved a complaint must be made in writing to Glasscastle Ltd. within three months of the completion of the programme. Should the parties fail to resolve the matter, either party may refer it to arbitration scheme of the Chartered Institute of Arbitrators at 68 – 71 Newman Street, London W1P 4AH, Tel + 44 20 7637 2444 (UK)
Responsibility of Glasscastle Ltd.
The programmes operated or supplied by the parent company Glasscastle Ltd have been designed to expose participants to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ holidays. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and that they undertake all programmes at their own volition. If a Client participates in an activity not included as part of a programme operated by Glasscastle Ltd., the Client:
(i) accepts all responsibility for taking part in such an activity
(ii) indemnifies Glasscastle Ltd. against any and all claims related to such an activity.
Where the Client suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the programme arrangements booked with Glasscastle Ltd, Glasscastle Ltd. shall ONLY accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of Glasscastle Ltd.’s employees, officers, agents, suppliers or sub-contractors. For the avoidance of doubt, Glasscastle Ltd. shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of Glasscastle Ltd. or its partners, or if the cause was the fault of the Client (including without limiting the generality of the foregoing the Client’s participation in any activity/option not specifically detailed as included on the programme or operated directly by Glasscastle Ltd.) or due to the actions of someone unconnected with the programme arrangements or due to circumstances which neither Glasscastle Ltd. nor its partners could have reasonably anticipated or avoided. The Client waives and releases any claim against Glasscastle Ltd. for any such loss, damage, injury or death, and by signing the booking form is confirming this waiver and release as a condition of participating in the Programme.
Glasscastle Ltd.’s acceptance of liability to pay compensation pursuant to this paragraph is limited, in the case of road travel or hotel accommodation, to the amounts set out in the provisions of, respectively, the Warsaw Convention 1929 (as amended by the Hague Protocol 1955), the Berne Convention 1961, the Geneva Convention 1973, the Athens Convention 1974 and the Paris Convention 1962. Glasscastle Ltd.’s acceptance of liability under this paragraph 16 is subject to assignment by the Client to Glasscastle Ltd. of the Client’s rights against any agent, partner or sub-contractor of Glasscastle Ltd. which is in any way responsible for the unsatisfactory programme arrangements or the Client’s death or personal injury.
If the Client has any special requests, he should inform Glasscastle Ltd. at the time of booking. Glasscastle Ltd. and its suppliers will try to meet such requests but, as these do not form part of the contract, Glasscastle Ltd. does not guarantee to do so, including for pre-bookable seats. If Glasscastle Ltd. confirms that a special request has been noted or passed to the supplier or refers to it on the confirmation invoice or elsewhere, this is not a guarantee to meet it. The Client will not be specifically notified if a special request cannot be met. Glasscastle Ltd. does not accept bookings which are conditional on the fulfilment of any special request.
Your financial security
Once Glasscastle Ltd. has received your full payment we will issue you with a document which will offer you protection in the event of the financial failure of Glasscastle Ltd. We are a member of The Association of Bonded Travel Organisers Trust Limited (ABTOT) which provides financial protection under the Package Travel, Package Holidays and PackageTours Regulations 1992 for Glasscastle Ltd.
To process your booking, Glasscastle Ltd. needs to collect certain personal details from you. These usually include the names and addresses of party members, credit/debit or other payment details and special requirements such as those relating to any disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information.
Except where expressly permitted by the Data Protection Act 1998, Glasscastle Ltd. will only deal with the personal details you give us as set out above unless you agree otherwise. We may make contact with you or members of your holiday party by post, e-mail, or telephone for the purposes set out.
The contract constituted by Glasscastle Ltd.’s acceptance of the Client’s booking, subject to these booking conditions, shall constitute the entire agreement between the Client and Glasscastle Ltd. in relation to the relevant booking, and shall exclude all other terms and conditions (except for the relevant suppliers’ conditions and any applicable international conventions) and shall supersede all prior or contemporaneous communication or information provided.
The Contract (incorporating these booking conditions) and all matters arising from it, is subject to English Law and the exclusive jurisdiction of the English Courts.