The following booking conditions, along with our Privacy Policy and any other information we brought to your attention before we confirmed your booking, form the basis of your contract with Wendy Wu Tours Ltd, Newhams Yard, 151-153 Tower Bridge Road, London SE1 3JE, company number 05107061. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, you confirm that you have had the opportunity to read and have read these booking conditions, the brochure and Detailed Itinerary and agree to be bound by them.
These booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. For tailor-made holidays, please refer to our Wendy Wu Tailor-Made brochure and terms and conditions, or visit our website. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Wendy Wu Tours Limited.
The first named person on the booking (“lead name”) must be authorised to make a booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking the lead name confirms that he/she is so authorised. The lead name is responsible for making all payments due to us and to indemnify us for the liability of all party members. The lead name must be at least 18 when the booking is made. After we receive your booking request and all appropriate payments (see clause 4 “Payment” below), if the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we email your confirmation invoice to the ‘lead name’ or your Travel Agent. Your invoice will be sent to your travel agent or the lead name on the booking if you have booked direct with us. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. If you wish to change or cancel any arrangements later you may have to pay an amendment or cancellation charge (See clause 8).
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see clause 13) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings can either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
For flight- based holidays this is through our Air Travel Organiser’s Licence (ATOL number 6639) issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk. When you buy an ATOL protected flight or flight inclusive package* 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 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.
*The flights and flight-inclusive packages we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at atol.org.uk.
We are a member of ABTA (ABTA number W7994). If your package holiday does not include a flight, protection is provided by way of a bond held by ABTA The Travel Association, 30 Park Street London, SE1 9EQ - abta.co.uk
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from the consumer rights applying to packages. We will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent. More information on key rights can be found by visiting legislation.gov.uk.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.. We reserve the right to increase and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error which we are aware of and inform the new applicable price at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking, it will not be subject to change.
In order to confirm your chosen holiday, a non-refundable deposit of at least £350.00 per person (or full payment if booking within 75 days of departure) must be paid at the time of booking. In some cases the amount of deposit may be higher: where, for example, we need to pre-purchase flights tickets, accommodation or other services and in the case of our flight upgrade special offers, to which early airline ticketing may apply – please see the terms and conditions of individual special offers for further information. The balance of the holiday cost must be received by us not less than 75 days prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. Our preferred method of deposit payment is by bank debit card or credit card. Balance payment may be made by bank debit card, credit card or cheque (providing there is time to clear it to meet the payment schedule shown above - you should allow 5 working days for clearance from the time we receive it). If we do not receive all payments due 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. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. If you wish to amend or cancel your holiday, your original method of payment will be used to process this (e.g. bank card, credit card, refund credit note).
Please note that on very rare occasions, errors may occur when inputting prices onto our website and systems. We regret that any contract entered into on the basis of a pricing error will be invalid. In the unlikely event that this situation arises, you will be given the option to pay the correct price or cancel with a full refund.
A Passport with a minimum of six months validity from the intended date of travel, and contains a minimum of two blank pages, is required for travel for the majority of countries in our programme. As visa requirements are constantly changing, you must regularly check the Foreign, Commonwealth & Development Office (FCDO) website for the most up to date entry requirements. Visa fees, where required, are included for UK British Citizen passport holders and will be specified whether included on your confirmation invoice. If you hold any other British passport (British Subject, British National Overseas) or you are a non-UK passport holder or you reside outside of the UK, you will be required to obtain your own visas at your own expense. It is your responsibility to ensure the visa issued to you is correct. Whilst we include the cost of the standard visa application service in your tour price (for UK British Citizen passport holders), we will pass on any additional charges incurred for non-standard visa processing, or where visa charges are increased following publication of the brochure. Should your visa application be refused for any reason and you wish to cancel your booking the cancellation charges under clause 8 will apply. An express visa process is available for an additional cost depending on the country of visit. We make no promises that your Visa application will be successful and we cannot accept bookings conditional on the issuing of a visa, or payment of the balance of the holiday cost (see clause 4) to be deferred until visas have been issued. It is your responsibility to check that you comply with all entry, passport, visa, immigration requirements and health and safety formalities applicable for your itinerary. Wendy Wu Tours accepts no responsibility in this regard. We accept no responsibility for passports lost in the post. You must ensure that you carry all necessary passport, visa and other travel documentation as required by the country you are visiting, and that all documents are in date and valid. We do not accept responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements for any part of your holiday. 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 in full.
It is a condition of booking with us that you take out suitable travel insurance. You must be satisfied that your insurance fully covers all your personal requirements, including the cancellation of your booking and providing sufficient medical cover for illness or injury and repatriation while overseas. You must provide us with the name of your insurers and their 24 hour emergency contact number when you book or as soon as possible thereafter. Wendy Wu Tours will not be liable for any costs incurred by you due to your failure to take out suitable travel insurance from the date of booking. You will indemnify Wendy Wu Tours in respect of any assistance or payment made by us in these circumstances. Details of any compulsory health requirements applicable to British citizens for your holiday are available from the websites listed below. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions, in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac. org. Information on health can be found at www.nhs.uk and www.fitfortravel.nhs.uk. Health requirements and recommendations may change and you must check the up to date position in good time before departure. The FCDO publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which you are recommended to consult before booking and in good time before departure.
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will endeavour to make these changes, but it may not always be possible. Any request for changes to be made must be from the lead name on the booking or your Travel Agent. You will be asked to pay an administration charge as set out below per person and any further cost we incur together with any costs or charges incurred or imposed by any of our suppliers in making this alteration. Examples include:
You can transfer your booking to another person, who satisfies all the conditions that apply to your booking, by giving us notice in writing via Email as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs (for example air ticket cancellation fees) that we incur in making the transfer.
Once a booking is confirmed no changes are permitted otherwise than in accordance with these terms and conditions.
Because we start to incur costs in relation to your arrangements from the time we confirm your booking, if you cancel we have to make a charge and the nearer to your departure date you cancel, the higher the charge will be. If you wish to cancel a confirmed booking you must do so by writing via Email. Cancellation takes effect from the day we receive your email. Cancellation charges are shown in the table below and will be payable immediately on cancellation. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendme
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned and we have no liability in these circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. In order to rely on this clause you must be able to show that, based on the information available at the time of cancellation, there was no longer a reasonable possibility of your holiday going ahead (either at all or without being significantly affected).
“Unavoidable and extraordinary circumstances” means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.
This condition 8 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .
Occasionally, we have to make changes to and correct errors in brochure and other details 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. The right is also reserved to any change in airline, aircraft types and vessels scheduled for any specific departure.
Even after we have confirmed your booking we may have to make alterations to confirmed arrangements. Most such alterations will be minor and of little effect on your overall arrangements and while we will do our best to notify you of any such minor change before your departure, we will have no other liability to you. Occasionally we may have to make a significant change to your confirmed arrangements.
Significant changes include but are not limited to the following (which are illustrative):
If we have to make a significant change, we will notify you as quickly as possible and offer you the following options:
In addition, you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, of the amount shown below. In all cases we will have no liability for any other or greater compensation, or for expenses or losses incurred as a result of any change
Period before departure date notification given by us | Compensation per fare paying passenger (excluding children) |
---|---|
0 – 7 days | £50 |
8 – 14 days | £40 |
15 – 28 days | £30 |
29 – 42 days | £20 |
43 – 75 days | £10 |
If we have to cancel your booking we will not cancel less than 75 days before your departure date, except for ‘unavoidable and extraordinary circumstances’, or failure by you to pay the final balance, or because the minimum number required for the package to go ahead hasn’t been reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
No compensation will be payable and the above options for either a change or cancellation 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) or where a change is a minor one.
Please note, in the event of a cancellation, airline schedule change or change of departure airport, we are not liable to cover the cost of flights, trains or any form of transportation or any other expenses incurred by these changes.
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.
If you have a problem during your holiday concerning any service provided as part of the arrangements we have confirmed, you must inform our National Escort or Local Guide (or, if none available, with our local agent or hotel manager) immediately to enable them to try to resolve the matter. Any notification must be put in writing and given to our representative / agent and the supplier as soon as possible. Our emergency number is manned 24 hours a day, seven days a week and is 01888 288 288. Until we know about a complaint or problem, we cannot begin to resolve it. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Please address all correspondence to customer@wendywutours.co.uk. Only the lead name should write to us. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
As ABTA members, we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration and is approved by the Chartered Trading Standard’s Institute. Further information on the Code of Conduct and ABTA’s assistance in resolving disputes can be found at www.abta.com.
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 10(6)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid directly at the time to the service supplier concerned. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions.
If you have any special requests, including dietary requirements, you must inform us prior to 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. Failure to meet any special request will not be a breach of contract on our part. 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. Unless you receive written confirmation from the supplier that a special request will be complied with, you must assume that it will not be. 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 provisions on special requests.
Please note that our tours cover areas with varying terrain (including steps, steep hills and uneven walkways) which can be difficult to negotiate. An indicated ‘physical rating’ is outlined clearly in this brochure and in the tour specific Detailed Itineraries. It is your sole responsibility to ensure that you are sufficiently fit and well to negotiate these areas, without any adverse effect on the overall group or tour operation. You should check that your proposed areas of travel are suitable dependent on your own health, including any medical condition and/or disability that you may have. If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you make your booking so that we can assist you in considering the suitability of the arrangements and/ or making the booking. Dietary allergy requests must be made at time of booking and will be passed on to the relevant supplier. In any event, you must give us full details via Email at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If due to illness or failure to satisfy medical requirements (for example compulsory vaccinations or testing) we or any of our suppliers refuse to transport or accommodate you, we may (acting reasonably) exclude you from commencing or continuing the trip. In this situation we will provide you with reasonable assistance to make alternative travel arrangements and where possible to rejoin your group when medically cleared to do so. This will be at your own cost and you should contact your travel insurance provider immediately. Note that we will not be liable to refund the cost of your trip (or any part of it) under these circumstances.
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.