Tours Terms & Conditions
These Terms and Conditions (hereinafter the “Agreement”) govern all Bookings made with 42droids Ltd, Company Number 08451540, incorporated under the laws of the United Kingdom, trading as You Could Travel (registered trade mark number: UK00003826346) (hereinafter “the Company”).
The individual or entity making a Booking, together with all persons included in such Booking, are collectively referred to herein as “the Client”.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following expressions shall have the meanings set opposite unless the context otherwise requires:
(a) “Booking” means the request submitted by the Client, whether online, in writing, or orally, to purchase a Tour or travel arrangements from the Company;
(b) “Booking Confirmation” means the written acceptance issued by the Company confirming the Client’s Booking;
(c) “Tour” means the specific package, itinerary, travel arrangements, or services supplied or organised under this Agreement, further detailed in Schedule A;
(d) “Suppliers” means all independent third parties engaged to provide services, including but not limited to accommodation providers, transport companies, excursion operators, and local guides;
(e) “Price” means the total sum payable for the Tour as confirmed in the Booking Confirmation, subject to variations permitted under Clause 4;
(f) “Force Majeure Event” has the meaning assigned in Clause 14;
(g) “Privacy Policy” means the Company’s separate data protection statement, as published on its website from time to time.
1.2 Words importing one gender include all genders, and the singular shall include the plural and vice versa.
1.3 Any reference to “shall” or “must” denotes a binding obligation.
2. ROLE OF THE COMPANY AND SUPPLIERS
2.1 The Company acts as the Organiser of Tours under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), but it does not itself perform the travel services.
2.2 All services are delivered by independent Suppliers. The Client acknowledges that the Suppliers are solely responsible for their own acts, defaults, or omissions.
2.3 The Company’s liability is limited to that which is strictly imposed by the PTRs. To the fullest extent permissible by law, the Company disclaims responsibility for:
(a) the quality, safety, or fitness of services performed by Suppliers;
(b) alterations or cancellations arising from Supplier insolvency or failure;
(c) any acts or omissions outside the Company’s reasonable control.
2.4 The Client agrees to comply with all Supplier terms and conditions. The Company shall not be obliged to intervene in disputes between Client and Supplier unless required as Organiser under the PTRs.
3. BOOKING AND CONTRACT FORMATION
3.1 A binding contract arises only upon the Company’s issuance of a Booking Confirmation.
3.2 The Company reserves absolute discretion to accept or decline any Booking without providing reasons.
3.3 The Client warrants that:
(a) all details supplied at the time of Booking are true, accurate, and complete;
(b) the individual making the Booking is over 18 years of age and possesses full authority to bind all persons included in the Booking;
(c) each Client shall be jointly and severally liable for the obligations under this Agreement.
4. PRICING, PAYMENT, AND CURRENCY ADJUSTMENTS
4.1 Prices are quoted in Pounds Sterling unless otherwise specified.
4.2 A non-refundable deposit shall be payable upon Booking. No Booking shall be treated as confirmed until such deposit is received in cleared funds.
4.3 The balance of the Price must be received by the Company no later than the date stipulated in the Booking Confirmation. Failure to pay on time constitutes automatic cancellation by the Client, with forfeiture of all sums paid.
4.4 The Company reserves the right to vary the Price to reflect:
(a) changes in transport costs, including fuel;
(b) taxes or fees imposed by third parties, including airport or port charges;
(c) exchange rate fluctuations.
5. MANDATORY TRAVEL INSURANCE
5.1 The Client must procure adequate travel insurance as a condition precedent to travel. Such insurance shall include, at minimum:
(a) emergency medical treatment and hospital expenses;
(b) repatriation and evacuation;
(c) cancellation or curtailment cover;
(d) cover for lost baggage, personal items, and liability.
5.2 Proof of insurance must be supplied upon request. Failure to maintain adequate cover shall render the Client solely responsible for all resulting loss or expense.
5.3 All medical or repatriation claims must be pursued directly against the insurer. The Company shall bear no liability for such matters.
6. PASSPORTS, VISAS, AND ENTRY COMPLIANCE
6.1 The Client is solely responsible for ensuring possession of valid passports, visas, permits, vaccinations, and other documentation required for entry into, or exit from, any territory.
6.2 The Company shall not be liable for any refusal of entry, deportation, fines, or losses incurred due to non-compliance with immigration or health requirements.
7. FITNESS, CONDUCT, AND SPECIAL REQUESTS
7.1 The Client warrants that they are medically fit and capable of participating in all aspects of the Tour. The Client is solely responsible for ensuring that they are medically and physically capable of participating in the Tour. If in doubt, the Client must seek professional medical advice prior to Booking.
7.2 The Company reserves the right, without refund or compensation, to refuse carriage or terminate participation of any Client who:
(a) engages in illegal or unsafe conduct;
(b) disrupts the enjoyment of others;
(c) disregards instructions of the Company or Suppliers;
(d) causes damage to property or injury to persons.
7.3 All costs arising from removal of a Client under this Clause shall be borne by the Client.
7.4 Any dietary requirements, medical conditions, reduced mobility considerations, or other special requests must be disclosed by the Client in writing at the time of Booking. The Company will use reasonable efforts to pass such requests to the relevant Suppliers. However, all such requests are strictly subject to availability and operational feasibility.
7.5 Acceptance of a special request on the Booking Confirmation, invoice, or any other document shall not constitute a guarantee that the request will be fulfilled unless the Company expressly confirms in writing that the request is guaranteed.
7.6 The Client acknowledges that the Company has no control over the provision or suitability of medical facilities, dietary alternatives, or accessibility arrangements offered by Suppliers.
7.7 To the fullest extent permitted by law, the Company shall have no responsibility or liability at any time during the Tour in respect of:
(a) any dietary, medical or accessibility requirement, whether or not disclosed in advance;
(b) any allergic reaction, illness or injury arising from food, beverages or other items provided by Suppliers;
(c) any expenses incurred by the Client in obtaining replacement meals, treatments or services as a result of unmet requests.
7.8 The Client shall be solely responsible for managing their own dietary restrictions, allergies and medical conditions throughout the Tour. The Company shall not provide supervision, monitoring or guarantees of any kind in relation to meals, ingredients, preparation methods or Supplier compliance.
7.9 Upon request, the Company may notify Suppliers in advance of any dietary restrictions or allergies disclosed by the Client and may provide written translations for the Client to present directly to Suppliers during the Tour. Such assistance is provided strictly as a courtesy. The Company makes no warranty that any Supplier will comply with such requests and accepts no responsibility or liability for any failure to do so.
8. CHANGES BY CLIENT
8.1 Requests for amendments must be submitted in writing and are subject to availability.
8.2 The Company may charge an administrative fee and recover any additional costs imposed by Suppliers.
8.3 Substitution of Clients may be permitted subject to compliance with applicable laws and Supplier terms.
9. CHANGES BY COMPANY
9.1 The Company reserves the right to make minor changes without liability.
9.2 If a material alteration becomes necessary, the Company shall notify the Client and offer:
(a) acceptance of the alteration;
(b) an alternative of comparable standard;
(c) cancellation with refund of monies paid.
10. CANCELLATION OR POSTPONEMENT BY CLIENT
10.1 Cancellation must be made in writing.
10.2 The deposit is non-refundable in all circumstances, save where the Company, at its sole discretion and on a case-by-case basis, elects to offer a refund in exceptional circumstances.
10.3 The following cancellation charges shall apply (or as otherwise specified in the Booking Confirmation):
(a) deposit only, if cancelled more than ninety (90) days prior to departure;
(b) fifty percent (50%) of the Price if cancelled between sixty-one (61) and ninety (90) days prior to departure;
(c) seventy-five percent (75%) of the Price if cancelled between thirty-one (31) and sixty (60) days prior to departure;
(d) one hundred percent (100%) of the Price if cancelled within thirty (30) days prior to departure.
10.4 As an alternative to cancellation, the Client may submit a written request to postpone the Tour to a later departure date. Approval of any postponement request shall be at the sole discretion of the Company and shall be subject to availability. If approved:
(a) The non-refundable deposit shall be retained and applied to the rescheduled Tour date;
(b) Any additional payments already made shall be allocated to the new date, less any unrecoverable costs incurred by the Company as a result of the postponement, which shall be confirmed to the Client;
(c) The Client shall be liable for any increase in the Price arising from Supplier charges, seasonal variations or currency fluctuations;
(d) A postponement fee may be applied to cover administrative and Supplier amendment costs;
(e) Only one postponement shall be permitted per Booking unless otherwise agreed in writing;
(f) If the Client subsequently cancels the postponed Tour, the cancellation charges under Clause 10.3 shall apply based on the original departure date unless otherwise agreed in writing.
10.5 Cancellation or postponement takes effect on the date received by the Company.
11. CANCELLATION BY THE COMPANY
11.1 The Company may cancel a Tour in the following circumstances:
(a) Failure by the Client to pay the Price or any instalment thereof by the due date specified in the Booking Confirmation;
(b) A Force Majeure Event or other unavoidable or extraordinary circumstances beyond the Company’s control.
11.2 Where cancellation occurs for reasons other than late or non-payment by the Client, the Company shall notify the Client or their travel agent as soon as reasonably practicable. In such cases, the Client shall be offered the choice of:
(a) An alternative Tour of comparable quality, subject to availability; or
(b) A refund of all monies paid by the Client to the Company in respect of the cancelled Tour, excluding any insurance premiums or transaction charges incurred.
12. CONDUCT AND TREATMENT OF STAFF
12.1 The Client is expected to behave respectfully towards the Company’s employees, guides, drivers, and any other persons involved in the operation of the Tour.
12.2 The Company maintains a zero-tolerance policy towards bullying, harassment, verbal abuse, or any other conduct deemed threatening, offensive, or disruptive.
12.3 If, in the reasonable opinion of the Company or its representatives, the Client’s behaviour:
(a) causes or is likely to cause distress, danger, or annoyance to others;
(b) interferes with the enjoyment or safety of other participants; or
(c) results in damage to property or reputation,
the Company reserves the right to terminate the guided portion of the Tour immediately and withdraw services without refund.
12.4 The Client shall be responsible for any costs arising from such termination, including but not limited to onward travel, accommodation, or administrative expenses.
12.5 The Company shall have no further liability to the Client in such circumstances.
13. LIABILITY AND INDEMNITY
13.1 The Company’s liability shall be limited in accordance with the PTRs and applicable law.
13.2 The Company shall not be liable for:
(a) acts or omissions of Suppliers;
(b) loss of enjoyment, inconvenience, or emotional distress;
(c) indirect or consequential damages;
(d) theft, loss, or damage to personal possessions.
13.3 The total liability of the Company shall in no event exceed the Price paid.
13.4 The Client shall indemnify and hold harmless the Company against all claims, losses, damages, or expenses arising from:
(a) breach of this Agreement;
(b) negligent or reckless conduct;
(c) failure to obtain required documentation or insurance.
14. FORCE MAJEURE
14.1 Neither Party shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to war, terrorism, natural disaster, pandemic, governmental restrictions, or strikes.
14.2 In the event of Force Majeure, the Company may cancel, curtail, or modify the Tour without liability, save for such refunds as can be recovered from Suppliers.
14. COMPLAINTS AND DISPUTE RESOLUTION
15.1 Any complaint arising during the Tour must be raised immediately with the relevant Supplier and, where possible, with the Company, in order to provide an opportunity for prompt resolution.
15.2 If the matter is not resolved locally, the Client must submit a formal written complaint to the Company within twenty-eight (28) days of the conclusion of the Tour.
15.3 The Company shall investigate the complaint and issue a written response as soon as reasonably practicable. The Client acknowledges that enquiries involving overseas Suppliers may require additional time for information retrieval.
15.4 If the complaint remains unresolved following the Company’s response, the parties shall first attempt to resolve the dispute through mediation administered by the Chartered Institute of Arbitrators, conducted on a documents-only or virtual basis unless otherwise agreed.
15.5 If mediation does not lead to a settlement, the Client may elect to refer the dispute to arbitration administered by the Chartered Institute of Arbitrators. Arbitration shall be conducted on a documents-only basis unless otherwise agreed, offering a cost-effective procedure with limited cost exposure for the Client under the applicable rules.
15.6 Failure to comply with the procedure in this Clause may prejudice the Client’s rights.
16. DATA PROTECTION
16.1 Personal data shall be processed in accordance with applicable UK data protection law.
16.2 The Company refers to its separate Privacy Policy for further information.
17. FINANCIAL PROTECTION
17.1 42droids Ltd trading as You Could Travel is a member of ABTOT.
Membership number: 5667.
17.2 ABTOT provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for package bookings that do not include flights. In the unlikely event of insolvency, ABTOT will ensure your trip continues as planned, or, if you have not yet travelled, provide a refund.
17.3 ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with the Company.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on (+44) 01702 811397
and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
You can find out more about ABTOT here: https://www.abtot.com/
18. SUBCONTRACTING AND ASSIGNMENT
18.1 The Company may assign or subcontract any of its rights or obligations.
18.2 The Client may not assign this Agreement without prior written consent.
19. SEVERABILITY
19.1 If any provision is found invalid, the remainder shall continue in full force.
20. ENTIRE AGREEMENT
20.1 This Agreement, together with the Booking Confirmation and Schedule A, constitutes the entire agreement. All prior statements or representations are superseded.
21. GOVERNING LAW AND JURISDICTION
21.1 This Agreement shall be governed by English law.
21.2 The Parties submit irrevocably to the exclusive jurisdiction of the courts of England and Wales.
21.3 For EU consumers, local mandatory consumer rights may additionally apply. The European Commission’s Online Dispute Resolution platform is accessible at https://ec.europa.eu/consumers/odr