These Booking Conditions form the basis of your contact with Brewood Travel Limited trading as North American Highways. In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking form (and anyone added at a later date) and ‘we’, ‘us’ and ‘our’ means Brewood Travel Limited trading as North American Highways.
1 The contract
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 with us after you have signed our Booking Form and made the appropriate payment and when we issue a Conﬁrmation Invoice verifying the details of your booking. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of English Courts at all times.
You must contact us immediately if any information which appears on the Conﬁrmation of Booking or any other documents appears to be incorrect 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 in any document within 10 days of our sending it out (or 5 days for tickets).
2 Availability of services
All travel arrangements are subject to availability at the time of booking. We hold no allocations, nor do we own, operate or control any of the services or hotels. As our itineraries involve a sequence of accommodations, we will only commence a booking on the understanding that, if accommodation as specified is not available, we will book what we consider to be the best available alternative.
The standard non-refundable deposit for ﬂights is £200.00 per person, and for surface travel £125 per person, required at the time of signing the Booking Form, or the full cost if the booking is made within 11 weeks of departure. Some services must be paid for in full at the time of booking, for example, Alaska Railroad. Some suppliers require a higher deposit, for example cruises, and some tours in Alaska require a 50% deposit. Balance payments must be made at least ten weeks before departure date from the UK, though some suppliers require earlier payment. If your balance is not paid by the date shown on your Conﬁrmation Invoice, we reserve the right to cancel your holiday, and apply cancellation charges.
When you pay money to an agent of Brewood Travel Limited, that money is held as an agent of Brewood Travel Limited, ATOL holder 3670.
5 Prices and surcharges
We reserve the right to increase or decrease our brochure prices at any time. The correct current price will be advised to you at the time of booking. Some prices, such as special VUSA airfares and airpasses, may be subject to price change at any time without notice or not guaranteed until payment for that service is received by the supplier. The price of your holiday may be subject to surcharges because of such things as government action, currency ﬂuctuations, aircraft fuel, over-ﬂying charges, airport charges, and increases in scheduled airfares. If such surcharges become necessary, we will absorb an amount equivalent to 2% of the total holiday price (excluding insurance premiums, any amendment charges and fluctuations in US$ currency which may affect the Sterling cost of your arrangements. If this means you would have to pay an amount greater than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid, excepting any holiday insurance premiums and/or amendment charges. No surcharges will be imposed within thirty days of your departure from UK. This guarantee will not apply to any government levy introduced to provide increased financial back-up for customer protection.
6 Currency adjustments
Our prices are based on the prevailing exchange rates on 1st September 2007. We reserve the right to increase or decrease prices prior to booking. Prices quoted in sterling will however be fixed and guaranteed at the time of booking.
Prices quoted in dollars are subject to variation. If you pay in full at the time of booking, the Sterling price will be guaranteed. If you pay the balance at a later date, we will adjust the Sterling price to reflect the rate of exchange on that day.
7 The cost of your holiday and Government action
We reserve the right to correct errors in advertised and conﬁrmed prices as soon as we become aware of the error. If the government introduces a consumer levy to provide additional ﬁnancial protection, it will be shown as a separate item on your Conﬁrmation Invoice. We will pass on all additional charges levied by Government or airlines, including Passenger Service Tax.
8 Unused services
No refunds will be made for any unused services. Credit will not be given for alterations for any reason after UK departure. Tickets are valid only for the dates and routes shown.
9 Alterations by you
If you wish to change your travel arrangements, we will do our best to assist but it may not always be possible to make changes. Requests for changes must be in writing with an administration charge of £35 per person per item amended, plus any further cost we incur in the process.
10 Changes by us
It is unlikely that we will have to change your travel arrangements, but arrangements are made many months in advance and occasionally we and our suppliers have to make changes and we reserve the right to do so at any time. Most changes will be minor and we will advise you the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your travel arrangements within 27 days, except for reasons of force majeure or failure by you to pay the balance. If we are unable to provide the booked arrangements, we will refund all monies paid or you may accept alternative arrangements of comparable standard, if available. If we have to cancel your arrangements we will pay you compensation as shown. If your arrangements are materially altered within 27 days of your departure date, and providing such alteration does not arise from force majeure, an alternative arrangement of comparable standard will be offered if possible. You could accept the alternative or cancel the particular item and receive a full refund for it.
Period before departure Compensation
within which a major per person
change/cancellation is notiﬁed
More than 28 days Nil
Within 27 – 8 days £15
Within 7 days £20
No other claims for compensation or expenses will be considered.
11 Force majeure
We will not pay compensation if we have to cancel or change your arrangements due to force majeure including war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, ﬁre, or adverse weather conditions which we could not have foreseen or avoided.
12 Cancelling your booking
Written cancellation by the person who made the booking must be received in our ofﬁces. Cancellation charges will be applied on the ﬁrst working day the cancellation notice is received, according to the following scale, or such sum as charged by the supplier(s) if greater:
Period before UK departure Amount of cancellation
date within which written charges shown cancellation is received as % of total invoice costs
More than 61 days Deposit
61 – 35 days 50% holiday cost
34 – 16 days 75% holiday cost
15 days or less 100% holiday cost
There are exceptions for example: Rocky Mountaineer – cancellation 65 days to 36 days before departure £100 or more charge; 35 days or less 100% charge; air tickets – cancellation charges vary subject to the type of ticket purchased. The deposit is forfeit if it is higher than the cancellation charge. Where certain items have had to be paid in full at the time of booking, no refunds can be made. Any insurance premiums are forfeit with cancellation.
13 If you have a complaint
If you have a problem or complaint during your holiday, you must inform the relevant supplier immediately, who will endeavour to put things right, or contact us or your agent. Most problems can be dealt with quickly but if your complaint cannot be resolved, please write to us within 28 days of your return home: Customer Services, North American Highways, Little Kinvaston, Pool House Offices, Watling Street, Gailey, Staffordshire, ST19 5PR. It is a condition of this contract that you communicate any problem to the supplier of service at the time the problem occurs. If you fail to do so, we cannot accept responsibility, as we will have been deprived of the opportunity to rectify the problem.
Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from www.abta.com. The scheme does not apply to claims over £5,000 per person or £25,000 per booking form. Neither does it apply to claims solely in respect of physical injury or illness or their consequences. The scheme can, however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Settlement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday.
15 Correct names
It is essential that you show each passenger’s title, ﬁrst name and last name, as per his/her passport on our Booking Form. Any costs resulting from failure to do so will be your responsibility.
16 Special requests
We will pass on reasonable requests to the supplier, but we cannot guarantee any requests. Failure to meet any special request will not be breach of contract on our part.
17 Medical problems, disability and special needs
If you or any member of your party has any medical problem or disability, you must supply details in writing before we conﬁrim your booking so we can advise on the suitability of the holiday and inform the relevant suppliers. Some suppliers may require a Medical Form completed by your GP.
If a disability or medical condition occurs after booking, you must tell us and your insurers immediately.
18 Passports, Visas and health considerations
This information applies to citizens of the United Kingdom.
A full ten-year passport is required for visits to USA and Canada which must be valid for at least six months beyond the intended stay. Children will need to hold their own passport.
Most British Citizens are eligible to enter to the USA under the US Visa Waiver Programme, provided that they comply. Some people are not eligible by law to enter USA, including those with serious communicable illnesses and criminal records and certain political persuasions. It is solely your responsibility to ensure compliance with the entry requirements for USA. Different rules apply to holders of Irish Passports. In some instances British Passport holders need a visa to enter USA; for example, if entry is on a carrier which does not participate in the visa waiver programme. If you are in any doubt about any member of your party’s eligibility, you must check with the relevant Embassies in London. At the time of writing no compulsory vaccinations are required to enter USA or Canada. We recommend that you consult with you Medical Practitioner for any health recommendations with regard to your planned itinerary and activities prior to booking. In the event that any passenger is refused boarding, permission to travel or is refused entry to any country owing to incorrect documentation or non compliance with health regulations, no liability is accepted by us or the carrier and no refund or claim for compensation will be entertained. In addition, any costs incurred by us or the carrier in such circumstances may be recovered from you. Passports issued after 25th October 2004 will need to contain biometric information.
In the unfortunate event that your outward or return ﬂights are delayed, we cannot offer you any assistance. Any airline concerned may at their discretion provide refreshments etc.
Airlines reserve the right to amend their schedules. Flight times given are for guidance only. The latest information on flight times will be shown on your tickets, though times can change at any time and you should reconfirm any onward or return flights with the airline. If, in the event of a change of airline, aircraft type or destination, you wish to cancel your arrangements, our standard cancellation charges will apply.
21 Data protection policy
In order to process your booking we need to use the information you provide. The company must pass on relevant information to your travel providers in order to make your booking. Therefore in making a booking for you, you consent to this information being passed to the relevant persons. The company will hold your information and may use it in future to inform you of offers & send you brochures. If you do not wish to receive such approaches please tell us so we can comply. You are entitled to a copy of your information held by us. If you would like a copy please write to us enclosing a stamped addressed envelope – we may charge a small fee.
22 Travel insurance
For your own safety, wellbeing and ﬁnancial protection, it is essential that you are adequately insured. All material facts likely to affect your insurance must be declared to us and your insurer at the time of booking. If you make a booking and then have to cancel it because you are unable to arrange appropriate insurance you will be liable for all costs. Some activities require special cover, for instance, river rafting. It is your responsibility to ensure that you have adequate insurance for the holiday arranged and for any trips, excursions or arrangements you may make locally during your holiday.
23 Driving Licenses and vehicle rental
It is your responsibility to ensure that you present a full and valid driver’s license(s) at the time of vehicle rental. Photocopies of driving licenses will not be acceptable. Vehicle rental companies impose age restrictions on drivers and reserve the right to refuse a rental to drivers who have driving penalties, endorsements or bans. No liability will be accepted by us for any costs as a result of failure by driver(s) to present valid driver’s licenses at the time of rental or for being ineligible for any reason. It is the driver’s responsibility to ensure that the vehicle is thoroughly checked on collection, that any defects are identified and noted by the rental company, and that all information regarding further defects, and instructions about what to do in the unlikely event of a breakdown during the period of hire are clear. On returning the vehicle, the driver must check that all charges made by the rental company are agreed as correct. We will not be responsible for any irregularities that become apparent at a later date. It is a condition of booking that you must be willing and able to change a wheel on your rental vehicle in the unlikely event that this becomes necessary. In making a vehicle rental reservation, you agree to abide by the conditions of hire of the rental company.
24 Conditions of suppliers
Many of the services for your holiday are provided by independent suppliers who provide services in accordance with their own terms and conditions, some of which may exclude or limit their liability to you, usually in accordance with applicable International Conventions.
25 Wavier of liability and medical form
For some guided tours and high impact activities, you will be required by the supplier to sign a Waiver and Release of Liability before commencement of the activity. A Medical Form completed by your GP may also be required.
26 Our liability to you
Clauses 1 and 2 below do not apply to ‘accommodation only’ or ‘cruise only’ or ‘tour only’, i.e single item bookings.
1. We make every effort to ensure arrangements are made correctly and efﬁciently. We accept responsibility if any services we have contracted to provide are not of a reasonable standard. We accept responsibility for what our employees, agents, suppliers and sub contractors do or do not do (providing at the time they were carrying out work authorised by us) except death, personal injury or illness (see below). Our acceptance of responsibility is subject to ‘force majeure’ and Booking Conditions.
2. Subject to our Booking Conditions, we accept responsibility if you or a member of your party suffer death, personal injury, illness, loss or damage as a result of failure to perform or improper performance of any part of our contract with you by our employees, agents, supplies or sub contractors (providing they were carrying out work authorised by us). We will not be liable where failure to perform or improper performance was due to
(a) the acts and/or omission(s) of the person(s) affected
(b) acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable
(c) an event which we or the supplier of the service(s) could not have foreseen or avoided even with all due care.
3. Where we are found liable for loss and/or damage to luggage or personal possessions the maximum amount we will have to pay is £25 per person affected as you are assumed to have taken out adequate travel insurance.
28 Injury, illness or death not resulting from the holiday arrangements
If you or any member of your party suffers illness, injury or death, through misadventure, as a result of any activity which does not form part of your contracted holiday arrangements with us, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance is subject to our reasonable discretion and a maximum total cost of £5000 per Booking Form. If any costs or expenses arising from such an incidence are covered by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay us the amount we spent in assisting you.
30 Goods and service tax, Canada
The Canadian Government levies a Goods and Services Tax (GST) in addition to Provincial Sales Taxes. Some parts of GST are refundable to non-Canadian residents. However, the Company has taken this into consideration and no further GST will be refundable or reclaimable by the client in respect of any travel arrangements paid to the Company.
31 Wildlife viewing
The seasons we suggest as good viewing times for wildlife are for guidance only because habits of wild animals depend on nature and seasons and these vary. Failure to see particular species of wildlife will not be a breach of contract on our part.
32 Presenting your vouchers to suppliers
If you fail to present your travel service vouchers to the suppliers for any reason, we will not be liable if any service(s) are denied of if you suffer any losses as a result.
33 Brochure accuracy
Information in this brochure may have changed by the time you book your holiday. Every effort is made to ensure the accuracy of this brochure, but changes and errors can occur and we reserve the right to correct them.
All our holidays are financially protected. Holidays including flights are ATOL Protected by our Air Travel Organisers Licence, ATOL 3670, granted by the Civil Aviation Authority. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. If your holiday arrangements with us do not include flights, financial protection will be provided by our ABTA Licence, ABTA W7053
Your Financial Protection
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.