Booking Conditions (Standard Booking terms) – Amended for each individual booking.
Please read the following conditions carefully which form part of your contract with Mirus Journeys Limited.
Your holiday contract is with Mirus Journeys Limited, ‘the company’, which is registered in England and Wales under company number 5746645. When you make a booking you guarantee that you have the authority to accept, and do accept on behalf of your party, the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice or our receipt of a deposit as advised by ‘the company’. This contract is made on the terms of these booking conditions, which are governed by the laws of England and Wales and the jurisdiction of the Courts of England and Wales.
In accordance with the Package Travel and Package Tours Regulations 1992 you are fully protected for all monies paid to us including the cost of repatriation if required, arising from cancellation or curtailment of your travel arrangements in the unlikely event of our insolvency. Our ATOL granted by the Civil Aviation Authority is 9319. The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. When you buy an ATOL protected flight or flight inclusive holiday from us you
will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a
suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that
alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or
otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may
be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
(i) Once we have received your initial deposit we will send you your confirmation/account. It is at the point when we send this to you that a valid contract will come into existence between us. Please check your confirmation/final invoice together with all tickets/documents carefully as soon as you receive them and contact us immediately if you think any details are incorrect.
(ii) The deposit is part payment of the holiday and the balance must be paid no later than the date specified on the invoice. This is normally no less than 65 days before the departure date. Please note if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 5 depending on the date we reasonably treat your booking as cancelled.
(iii) Full payment is required at the time of booking for all bookings made within 60 days of departure.
If, after the contract between us has come into existence, you want to change your holiday we will do our best to pass your request to the relevant supplier, however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers, and including for example cancellation charges that may be incurred for sectors cancelled. You should note, for example, that a change of name on or other alteration to an airline ticket will usually incur a 100% cancellation and rebooking fee as will a date change. Our inclusive tour fares are special discounted fares and therefore carry very strict booking conditions. Travel is restricted to the dates and flights as indicated on your itinerary and are not valid for any other dates or services.
If you or any members of your party have to cancel part of the booking or cancel the entire booking once it has been confirmed by us, written notification must be sent to us by recorded delivery post and charges will be applied from the date the letter is received according to the scale below. The charges are applied as a percentage of the total holiday cost excluding amendment charges and insurance premiums, which are non refundable in the event of cancellation; non refundable ticketed flights and Gorilla Trekking Permits also incur 100% cancellation charges.
Period before departure date within which written notification Per Person is received at our offices:
Cancellation Charges are unique to each individual booking.
Alterations or cancellations by you after commencement of
travel and unused services.
We will do our best to implement any changes to the tour you request once it has commenced, but we cannot guarantee it will be possible. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. As a basic principle, no refunds will be paid to clients who do not complete a tour. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this onto the client, less any reasonable administration charges.
If you have taken out holiday insurance you may be able to recover the cancellation charges, check your policy for details. Never travel without insurance, the unexpected can always happen, it is your responsibility to ensure you are adequately covered by insurance. The cost is relatively inexpensive and could save you a lot of problems. You must send us details of the policy you have.
Occasionally, we have to make alterations (to both itineraries and price) both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
However, we promise we will only cancel your confirmed booking after balance due date where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of ‘force majeure’ as defined in clause 7 below. We will not cancel after this date for any other reason.
Most changes are minor. Occasionally, we have to make a ‘significant change’. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away*, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, or a change of UK departure airport to one which is more inconvenient for you (except as between Gatwick and Heathrow).
* Please note: A change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a significant change. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(i) (for significant changes) accepting the changed arrangements or
(ii) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. Please note: Due to the original and individual nature of our holidays it frequently may not be possible to offer you a comparable holiday to that originally booked.
(iii) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. You must advise us of your decision within 7 days of the date on which we notified you of the material change or cancellation. Please note, the above options are not available where any change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
If we have to make a significant change or cancel we will pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the
above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached – in this case we will notify you no less than 60 days before departure. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
Period of notification of change Compensation
before scheduled departure date per person
More than 60 days Nil
60-55 days £10
54-43 days £15
42-29 days £20
28-15 days £25
14-0 days £30
If we are forced by ‘force majeure’ (see clause 7) to change or terminate your holiday after departure but before the scheduled end of your time away, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage (as more fully described in clause 9(i) below) as a result of circumstances amounting to ‘Force majeure’. In these Booking Conditions ‘Force majeure’ means any event which we or the supplier of the services in question could not foresee or avoid even with all due care. Such events may include but are not limited to war or threat of war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, actual or threatened terrorist activity, industrial action, natural or nuclear activity, adverse weather conditions, fire and all similar events outside our control.
The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline costs changes which are part of the contract between airlines and tour operators. Also government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. Even in these cases, only if the amount of the increase in our costs exceeds 2% of the total costs of your holiday, excluding insurance premiums and any amendment charges, will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday, excluding insurance premiums and any amendment charges, you will be entitled to cancel your booking and obtain a full refund of all monies paid to us, excluding any insurance premiums paid and any amendment charges, provided that cancellation is made within 7 days of the notification.
No surcharges will be made if payment is made in full at time of booking.
(i) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
(a) the fault of the person(s) affected or any member(s) of their party
(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 7)
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
Please note: we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel, camp or resort or any other supplier agrees to provide for you where the services or facilities are not specifically referred to in your itinerary as supplied by us and we have not agreed to arrange them and any excursion you purchase in resort.
(ii) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(iii) Notwithstanding paragraphs (1) and (2) 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 and Paris conventions. In addition our maximum liability to pay you compensation for damage (other than personal injury) is limited to a full refund of the holiday price.
(iv) Please note that we cannot accept 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 unseasonal rains may make a particular location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above, but no responsibility can be accepted if this does occur.
(v) If you are unhappy with any of your holiday while you are away you must address your complaint at the earliest opportunity t o the supplier of the services and to us. If the problem is not resolved by the end of your holiday you must supply us with full written details within 14 days thereof. Failure to complain at the earliest opportunity may prejudice your legal rights.
(vi) We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or acts or omissions of third parties not involved in providing the services which make up your holiday, unless we could have foreseen such circumstances. Nor are we liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care. You are responsible for the conduct of any children travelling with you and for their compliance with all our conditions.
(vii) This clause is intended to set out our obligations to you as a tour operator/organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note, we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations.
The flight details shown are for guidance only and are subject to change. Final details will be confirmed on your travel documentation, sent approximately 14 days prior to departure. The times shown on all tickets are local times and check in for both outward and return flights is at least 2 hours prior to the departure times on the travel documents. It is possible that flight times may be changed even after tickets have been dispatched. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change other arrangements without paying our normal charges. The company can accept no responsibility for clients who arrive late for the check in and miss their flight as a result nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, vouchers or coupons. Air travel is also subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of transatlantic carriers differ from those actually flown by smaller local carriers. We advise you that it is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. We accept no liability for the consequences of flights missed owing to the passenger’s failure to reconfirm. Clients flying in economy class to long-haul destinations should be aware that flights are often full; there may not be room in smoking/non-smoking; you may not be able to get seats together. We also recommend that you check in early for a long flight, and in any case not less than 2 hours before the scheduled departure time.
All clients undertake to behave with propriety and in such a manner as in no way to cause or be likely to cause damage, distress, danger or annoyance to other clients, property and/or any third party. If, in the view of ourselves, our employees, agents or suppliers, any client is in breach of this clause, we reserve the right to terminate that client’s contract and neither we nor the providers of any of the services in question will have any further contractual obligations to that client either in respect of covering any expenses, paying any compensation or refunds, or arranging for their return home. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
You must ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers cheques are in order and valid for travel. WE ARE NOT RESPONSIBLE FOR YOUR VISAS IF REQUIRED. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. We are able to give general advice on these matters for British Citizens. However, non-British citizens should check with their embassy or consulate vis-a-vis current requirements. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. The name on your airline tickets should be the name that appears on your full passport. Please note that if you believe that we have stated orally that a particular facility or service should be available, but is not in the itinerary or in writing from us, please make reference to it on the booking form so that we may confirm it you when accepting your booking.
The Foreign and Commonwealth Office Travel Advice Unit monitors all overseas destinations and offers safety advice to British travellers for various destinations. You should contact the service on 0870 606 0290 or www.fco-gov.uk for the latest information and advice before making a final decision on your destination.
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as ‘standard’ bookings subject to the above