TERMS & CONDITIONS OF BOOKING
Your contract, which includes these Terms, our Privacy Policy and any other written information which we brought to your attention before the Booking was made, is with The Luminaire, LLC, a limited liability company organised under the laws of the State of Delaware (United States of America) with file number 5610904 and registered as an overseas company in the United Kingdom with company number FC038589 and its UK establishment address at 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond, Surrey, TW9 2JA (the “Company”,“we” or “us”).
The Company acts as the principal in its contractual relationship with you as set out in these Terms.
Please read these Terms carefully as they set out both your and our respective rights and obligations.
In these Terms, reference to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
DEFINITIONS
“Booking” means the confirmed, pre-Departure travel plans (for example your accommodation and other holiday-related products and services) set out in a Booking Confirmation;
“Booking Confirmation” means the confirmation issued to the Named Person confirming your Booking;
“Booking Reference Number” means the reference number stated on your Booking Confirmation;
“Departure” means the date on which you depart on your Trip;
“Deposit” means an amount equal to 20% of the total cost of your Trip as set out in your Booking Confirmation;
“Event beyond our Control” means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include, warfare and acts of terrorism (including the threat thereof), civil strife, significant risks to human health such as epidemics, pandemics or the outbreak of serious diseases at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial disputes, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events out our or the relevant supplier’s control;
“Excursion” means a tour or other activity which you have chosen to book or pay for during a Trip which is not part of your Booking with us;
“Extension” means an extension to the length of your Trip which is subject to a separate Booking;
“Final Balance” means the total cost of your Trip less any amounts previously paid by you to us before the Final Balance is due;
“Major Currency” means United States Dollars, British Pounds, Euro, Chinese Renminbi, Japanese Yen, and Canadian Dollars;
“Named Person” means the individual member of your party who makes the booking on behalf of your party and whose name is stated on your Booking Confirmation;
“Privacy Policy” means our privacy policy as may be amended from time to time;
“Proposal” means our proposal for your Trip which we will send to you by email and which we may update at any time including as to costs in accordance with section. Pricing of these Terms before we send you a Booking Confirmation and subsequently in accordance with these Terms;
“Significant Change” means (i) a change of resort areas for the whole or major part of your holiday, (ii) a change of accommodation to that of a lower official classification (e.g., a “four-star” hotel instead of a “five-star” hotel), or (iii) a significant change to your itinerary, missing out one or more destination entirely (where a destination means a town or city, and not merely a stop or visit to particular location);
“Terms” means these terms and conditions;
“Trip” means accommodation, transport and/or all other holiday-related products and services that we are providing to you under a Booking;
and
“Representative(s)” means the individual or individuals accompanying you on your Trip or part of your Trip who are not members of your party and are representing the Company or its agents or suppliers.
BOOKINGS AND BOOKING CONFIRMATIONS
A Booking (and your contract with us) is made as soon as we issue you with a Booking Confirmation.
We will send you a Booking Confirmation as soon as possible after you tell us that you would like to accept our written or verbal quotation.
The Named Person agrees on behalf of all persons detailed on the Booking that:
he/she has read these Terms and has the authority to and agrees to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions or disabilities or dietary requirements);
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 your party are of the appropriate age to purchase those services; and
he/she accepts financial responsibility for any and all payments for the Booking on behalf of all persons detailed on the Booking.
BESPOKE TRAVEL DESIGN FEES
When you contact us about a proposed Trip that differs significantly from an of the standard trips on our wesbite at that time, we will present you with an outline of a potential itinerary. If you would like us to develop that outline into a fully designed and costed Trip ready for booking, we will require you to pay a travel design fee in an amount equal to 3% of the approximate total cost of the proposed Trip (the “Travel Design Fee”).
If you are not happy with our proposal for the Trip, we will design a new proposal for you (at no extra cost). If you are happy with the proposal and proceed to purchase the Trip, we will deduct any Travel Design Fee paid by you in respect of the Trip from the invoiced amount in your Booking Confirmation.
PAYMENT SCHEDULE
The Deposit (20% of the invoiced amount) is payable by you when we send you a Deposit Confirmation.
Unless otherwise agreed in writing between you and us:
the Final Balance shall be payable 90 days prior to Departure.
However, where you are booking within 90 days of Departure, you will pay the full amount for your Trip once we have sent you a Booking Confirmation.
Any other additional costs or expenses in respect of your Trip following the payment of the Final Balance shall be due immediately.
DEPOSITS
On rare occasions we may need to return your Deposit and either cancel your Booking or decline to issue you with a Booking Confirmation. We will give you prior notice of any such circumstance as soon as possible.
All Deposits are not refundable.
PAYMENTS
All payments must be received by us in the currency in which we invoiced you.
You may request for our invoice or Booking Confirmation to be issued to you in any Major Currency or, with our agreement, in any other currency.
You are responsible for all bank fees incurred in making any transfers from you to us.
PRICING
Our prices are quoted based on costs and exchange rates as of the date on which our Proposal was finalised using exchange rates published by xe.com.
We may need to make changes to our prices prior to sending you a Booking Confirmation, and we will give you prior notice of any such change in price.
Once you have received a Booking Confirmation, we may only change the price of your Trip in exceptional circumstances due to increased costs resulting from:
the changes to the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of dues, taxes or fees applicable to the Trip imposed by third parties not directly involved in the performance of the Trip, including, tourist taxes, landing taxes, bed night fees, conservation fees, or embarkation or disembarkation fees at ports and airports;
the exchange rates relevant to the Trip; and
manifest error in the prices set out in a Booking Confirmation.
Additional Costs
If any additional costs are incurred by you during your Trip, such as additional services or items purchased by you or on your behalf, and these are not included in your itinerary, you must pay for these immediately unless otherwise agreed in writing between you and us.
If you incur additional costs or purchase additional activities or services which are unpaid, we, or our Representatives, may postpone, hold back, or cancel any pre-paid activities, products, or services which form part of the original itinerary until the additional costs have been paid.
Extensions
You may purchase Extensions to a Trip separately after a Booking has been made.
You must pay an additional Deposit for each Extension.
We will issue you a separate Booking Confirmation for each Extension.
The cost of any Extension will be added to your Final Balance and will be payable at the time your Final Balance is due.
FINANCIAL PROTECTION
We protect monies we receive from you for your Trip in a trust account that we hold with PTT Trustees.
We may change these arrangements as we see necessary from time to time.
IF YOU CHANGE YOUR BOOKING
If you wish to make any changes to your Booking after we have issued you with a Booking Confirmation, please contact us immediately. We will try to accommodate any changes you wish to make to your Booking, but we cannot guarantee that we will be able to meet your request.
You will pay for any additional costs incurred as a result of any changes you make to your Booking. You should be aware that these costs may increase the closer you are to the Departure date.
If we are unable to meet your request to change your Booking and you wish to cancel your Booking, we will treat this a cancellation by you and we will be unable to return to you any costs that we are unable to recover from suppliers, agents, representatives or other third parties involved in the organisation and implementation of your Trip. As a result, any alteration to a Booking may incur a cancellation charge as set out below.
RETURNING HOME EARLY
If you return home before the scheduled end of your Trip in circumstances where you have no cause to make a complaint, we are not able to refund the cost of any services you have not used, nor will we pay you for any associated costs you may incur as a result of the curtailment of your Trip.
ITINERARIES MAY CHANGE
In comparison to standard package itineraries, our package itineraries are designed to be unique and may often involve multiple destinations and therefore are uncertain and may be liable to change. Booking with us acknowledges the risk of changes to your published itinerary.
EVENTS BEYOND OUR CONTROL
If we are unable to fulfil any of our contractual obligations to you as a result of an Event beyond our Control, we may need to change or terminate any and all of the arrangements for your Trip without any obligation to refund any amounts paid by you to us, or to reimburse you for any costs or expenses incurred by you as a result of such amendment or cancellation.
LIMITATIONS ON LIABILITY
We shall not be liable for or pay you any compensation as a result of any injury, illness, death, loss, damage, expense cost, or other claim arising out of:
i. the acts and/or omissions of the person affected;
ii. the acts and/or omissions of a third party unconnected with the provision of the services contracted; or
iii. an Event beyond our Control.
We shall not be liable for any damage, loss or expenses or other amounts of any description which (i) could not have been foreseen by us on the basis of the information you provided to us prior to Departure or at any point during your Trip, or (ii) relate to any business.
We shall not be responsible to you for any Excursions or other services or facilities which do not form part of your Trip.
If we are liable to you in accordance with the terms of this Section 10 (Limitations on Liability), our liability shall be limited to:
(i) in the case of loss of and/or damage to any luggage or personal possessions and money, an amount equal to the excess on your insurance policy which applies to this type of loss per person in total. In circumstances where you have no such insurance policy, our liability to you shall be nil;
(ii) in the case of claims falling outside the scope of (i) and which do not involve injury, illness, or death, we shall be liable for (in total) an amount equal to up to three times the price paid for the Trip by or on behalf of the person or persons affected by the claim less any amounts which you have already recovered or are entitled to recover from a third party, insurance policy or credit card facility; and
(iii) in the case of claims in respect of international travel by air, sea or rail, or any stay in a hotel, we shall be liable up to an amount (a) as if we were a carrier under the appropriate conventions, including, the Warsaw/Montreal Convention (international travel by air); the Athens Convention (sea travel); the Berne/Cotif Convention (rail travel) and the Paris Convention (hotel arrangements), copies of which are available upon request, and (b) in accordance with the operating carrier or transport company’s ‘Conditions of Carriage’(which are deemed to be incorporated into these Terms by reference).
You must notify us of any claim that may arise under Section 10 (Limitations on Liability) in accordance with the complaints procedure set out in Section (Complaints).
Where any payment is made by us in respect of a claim under (i) – (iii) above, you assign to us and/or our insurers any rights you may have to pursue any third party in respect of the claim. You shall provide us and our insurers with any and all assistance we (or our insurers) may require.
PASSPORTS AND VISAS
You are responsible for checking and fulfilling the passport, visa, health and immigration requirements applicable to your Trip. We are only able to provide general information concerning these matters. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor, as applicable. These requirements do change, and you are responsible for obtaining up-to-date advice on what is required.
We do not accept any responsibility if you cannot travel, or incur any other loss, because you have not complied with any passport, visa, immigration requirements or health formalities.
You agree to reimburse us for all costs, expenses and losses incurred by us as a result of your failure to hold the necessary travel or other documents.
HEALTH
You must notify us of any medical problems or disabilities prior to Departure.
We may require you to obtain confirmation from a medical professional that you are fit to travel and participate in the Trip.
We may need to decline or cancel a Booking without refunding any amounts paid by you and without compensation to you if you do not disclose any medical problem or disability of which you were aware prior to Departure, or even where such medical problem or disability has been disclosed prior to Departure but we are of the view that such medical problem or disability is likely to endanger your health and safety and/or the health and safety of anyone else participating in the Trip.
You must notify us immediately if you have come into contact with an infectious disease. If the date of your Departure falls within the accepted quarantine period as set out by the World Health Organisation for the relevant disease, we reserve the right to declare an Event beyond our Control and cancel your Booking.
We may need to share any information you disclose to us with relevant third parties to perform your Booking and any such disclosure will be in accordance with our Privacy Policy.
COVID-19
We both acknowledge and agree that the COVID-19 pandemic has affected global travel and that all travellers have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19.
You acknowledge that certain suppliers, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risks as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel Departure date and comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your Booking. We shall not be liable to you for any refunds or compensation in relation to such matters.
You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return.
We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing.
If you are no longer able to travel because of COVID-19, then your Booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible to postpone your Booking to a later date, which may incur further charges.
INSURANCE
All Trips with us are made entirely at your own risk.
You are required as a condition of these Terms to take out comprehensive insurance for all of your destinations, activities and personal requirements, including, insurance providing full cover for health and repatriation, cover to the full value of your Trip for cancellation, and cover for the theft, damage to or loss of your personal belongings. Your insurance should also include cover against COVID-19 and other health related incidents which may affect or curtail your booking. It is your responsibility to comply with the insurance company’s requirements and you must disclose to the insurance company any relevant information such as pre-existing illnesses.
You are required to provide us with documentary evidence of your insurance cover (with respect to your entire party) prior to Departure.
We may need to refuse you participation in your Trip if we are not furnished with proof of adequate, valid insurance for the Trip. Where we are furnished with proof of insurance for a trip, we make no representation that such policy is appropriate or suitable for your requirements.
EMERGENCIES
In the event of a suspected or actual emergency in which you are involved, we may arrange (or make arrangements for our or your insurers to arrange) search, rescue and recovery as we (or our or your insurers) deem appropriate and reasonable.
In this event, you shall compensate us for a suitable proportionate amount of our costs or losses arising from any such search, helicopter usage and/or resulting repatriation, for medical or non-medical reasons, including, legal costs of making a recovery claim against you.
COMPLAINTS
If you have a problem or complaint at any time during your Trip, you must report it immediately to our Representative and/or the relevant supplier. If, once we or the relevant supplier has had a reasonable opportunity to resolve the issue, the problem remains unresolved and you wish to make a complaint, you must send us written notice within 28 days of the last day of your Trip setting out reasonable detail of the issues giving rise to your complaint, your Booking Reference Number and any other pertinent information to our offices.
ACCEPTANCE OF RISK
You acknowledge that, due to the nature of the Trip, there are certain dangers and risks inherent in the execution of certain activities, some of which may include the possibility of physical exertion, weather extremes, remote and inaccessible areas, potential hostile environments, high altitude and extreme depths, areas which lack infrastructure, diseases, discomfort, criminal activity, delay, and loss of or damage to property.
You further acknowledge that:
general standards of health, safety, and hygiene in the countries you will visit may not be comparable to the standards found in country in which you reside;
that the nature of this type of travel requires a considerable degree of flexibility and you must allow for certain changes as a result of this during the Trip;
we (or our Representatives) may decide to amend the Trip on the basis that continuing with the itinerary would place anyone at undue risk;
we (and our Representatives) have the absolute authority to make decisions on behalf of your party; and
we accept no liability whatsoever as a result of any enforced change to our Trip due to any alteration of the itinerary or its cancellation, however this is caused.
SUPPLIERS
Certain services supplied to you during the course of your Trip are supplied by independent suppliers in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these suppliers’ terms and conditions are available for your review upon request to us or the relevant supplier.
EXCURSIONS
Any Excursion(s) you purchase will not form a part of your Trip and any rights you may wish to enforce will be against the relevant operator of the Excursion. Your contract for any Excursion will be with the operator of the relevant Excursion and not with us. We are not responsible for the provision of the Excursion or for anything that happens during the course of its provision by the relevant operator.
MISCELLANEOUS
A person who is not a party to these Terms shall have no rights to enforce it.
These Terms, together with our Proposal, Booking Confirmation and any payment method instructions, constitute the entire agreement between you and us and supersede all previous agreements in respect of your Trip.
If any provision or term of these Terms is declared to be illegal, invalid or unenforceable for any reason, that term or provision shall be deleted from these Terms and the validity and enforceability of the other provisions of these Terms shall not be affected.
Except as otherwise provided in these Terms, these Terms are personal to you and you may not assign, transfer or subcontract any obligations or benefits under them without our prior written consent.
No addition to or modification of these Terms shall be binding unless agreed in writing by both you and us.
GOVERNING LAW AND JURISDICTION
These Terms and any agreements to which they apply shall be governed by the laws of England.
The courts of England and Wales shall have exclusive jurisdiction over any dispute, whether in contract or in tort, arising out of, or in connection with, these Terms.