Terms and Conditions
These conditions apply to all tours sold by or through The Imaginative Traveller Ltd (hereinafter called ‘Imaginative Traveller’) registered number 2584114, a member of the TUI Travel PLC Group of Companies, of TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9GX and are sold subject to the following conditions:
The tours described in this brochure are operated by companies in the Tui Travel PLC Group of Companies, trading as The Imaginative Traveller Ltd.
Please Note: Adequate and valid travel insurance is compulsory for all Imaginative Traveller customers and it is a condition of Imaginative Traveller accepting your booking that you will have obtained adequate and valid travel insurance for your booking by the date of departure.
1. To make a booking
To make a booking you must send Imaginative Traveller a non-refundable deposit of £150 for trips (£100 for extensions). This will constitute acceptance by you of these booking conditions. In addition to this deposit, gorilla trekking permits are required to be paid at time of booking and are non-refundable and non-changeable. We will invoice you for the remainder of the cost, which you must pay not later than 56 days before departure.
If you book less than 56 days before departure, full payment must be made on booking. Acceptance of your booking will be confirmed in writing to you or your travel agent and a contract comes into existence on the date shown on that letter or email. The booking conditions are binding when your booking is confirmed in writing to you or your travel agent. Payment for all monies due, including any surcharge, must be paid to us no later than 56 days before tour departure. If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit. Please note that credit card payments are subject to extra charges of up to 2.35%.
2. Not included in the tour price
Airfares, visas and passport fees, airport taxes, additional hotel accommodation, laundry, postage, drinks, medical expenses, travel insurance, telephone calls, gratuities to staff and crew.
3. Your tour or expedition
Imaginative Traveller operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Please bear this in mind when making your booking.
Travelling with Imaginative Traveller requires a certain measure of flexibility, good humour, and an understanding that the itinerary, accommodation and modes of transport may be changed without notice due to circumstances beyond Imaginative Traveller control. By signing the Booking Form you agree to Imaginative Traveller making any changes it reasonably deems necessary.
All Imaginative Traveller tours and expeditions, but especially those in remote or unstable regions, or regions with dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. By signing the Booking Form you agree to assume all risks associated with the journey to the maximum extent permitted by law.
When assessing whether tours or expeditions will operate Imaginative Traveller uses information from its local offices in conjunction with advice from the British Foreign Office, the Australian Department of Foreign Affairs and Trade, and the US Department of State. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. By booking with us you acknowledge your decision to travel on an Imaginative Traveller tour is made after due consideration of relevant travel information that may be made available at any time and you agree to assume the risks associated with the expedition.
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your chosen tour and date of travel. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling.
4. Imaginative Traveller responsibilities
Imaginative Traveller is responsible to you for the proper performance of our obligations under the contract whether those obligations are provided directly by us, or by third-party service providers engaged by us and acting within the proper course of their employment and we will provide these services with reasonable skill and care.
We are liable to you for any damage caused to you by our failure to perform the contract or by our improper performance of the contract, unless that failure is
a) attributable to you;
b) attributable to a third party unconnected with the provision of services to you;
c) due to unusual and unforeseeable circumstances beyond Imaginative Traveller control that could not have been avoided even if all due care had been taken;
d) due to an event which even with all due care Imaginative Traveller could not foresee or forestall.
Imaginative Traveller will not accept responsibility or liability for any passenger who contravenes any law or regulation of any country visited.
Where Imaginative Traveller is found liable for damages for failing to carry out the contract, except in cases involving death, injury or illness the maximum amount of such damages, for compensation and loss of enjoyment will be limited to three times the basic trip price shown on the invoice. Where the damages relate to the provision of transport by air, sea or rail, or hotel accommodation, any compensation payable will be further limited by the EU Charter of Passengers Rights for air travel, the Warsaw Convention as amended, by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. Copies of the conditions of carriage and any conventions that may apply are available on request.
Any independent arrangements that you make that are not part of the holiday are entirely at your own risk.
Should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall at our absolute discretion give you every assistance including advice, guidance and financial assistance to cover initial legal costs for legal action against a third party where appropriate, up to a limit of £5,000 cost to ourselves per booking form provided such assistance is requested within 90 days of the misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, the Company is entitled to recoup from you the costs actually incurred by us in giving this assistance.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us
5. Force Majeure
‘Force Majeure’ means (without restriction) any event which Imaginative Traveller could not, even with all due care, foresee or avoid. Force Majeure covers events such as, but not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and all similar events beyond our control. In the case of Force Majeure Imaginative Traveller will not accept liability, and reserves the right to change and cancel trips.
6. Cancellation by You
If you cancel your booking, land and air cancellation fees apply. Notification of cancellation must be made to Imaginative Traveller by letter or email. The date when written confirmation of cancellation is received by Imaginative Traveller will determine the charges applicable.
| Days before departure | Charge applicable |
| More than 56 days | Loss of deposit |
| Between 56 and 43 days | Loss of 40% of total booking cost |
| Between 42 and 29 days | Loss of 60% of total booking cost |
| Between 28 and 15 days | Loss of 80% of total booking cost |
| 14 days or less | Loss of 100% of total booking cost |
Cancellation fees for air tickets issued by or on behalf of Imaginative Traveller will apply as determined by Airline Tariff Regulations and will vary depending on the type of ticket issued. In addition, Imaginative Traveller cancellation charges may apply.
Depending on your reason for cancellation, these charges may be recoverable under your insurance policy.
No refunds will be made if you leave a trip for any reason after the trip has begun.
If you wish to change your booking in any way, the following fees will apply:
a) Transfer from one tour to another
Amendment request received by Imaginative Traveller 56 days or more prior to the original tour departure date: £50 per person per trip will be levied and must be paid prior to any transfer being confirmed.
Amendment requests received by Imaginative Traveller within 56 days prior to the original tour departure date: charges will apply as per cancellation fees.
b) Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre- and post tour accommodation, transfers, etc), received by Imaginative Traveller within 56 days prior to tour departure date will be subject to a £25 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines.
c) If you are prevented from travelling on the tour, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer from one person to another is also dependent on the availability of tickets; permits and other travel arrangement, as some of these are regulated by local law and are not transferable from one person to another. A transfer fee of £100 is payable, and additional costs such as airline tickets and permit fees may also be payable. Both the person who was originally to take the holiday and the person who actually takes it will be responsible for the payment of the amendment charges and any outstanding balance due in respect of the holiday price and you will also be responsible for any additional costs that are incurred as a reason of substitution or transfer.
On some trips it is not possible for us to accept late bookings as they are subject to availability.
7. Cancellation or change by Imaginative Traveller
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking.
The information about trips given in this brochure is subject to change. Where practical, any changes will be reflected in the Trip Notes that are sent to you with your Final Documentation. It is your responsibility to review the up-to-date Trip Notes sent to you with Final Documentation. If you make a booking less than 56 days before departure you must ensure you are fully aware of the contents of the Trip Notes. The information and conditions in the Trip Notes will be deemed to be part of the contract.
We plan the arrangements for your tour many months in advance and may occasionally have to make changes, sometimes at short notice, most of which are minor. Flight timings and carriers shown in the brochure are subject to change. A change of carrier will not be considered a major change. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘major’ depends on the nature of the tour and may include: alteration to the scheduled departure or return time of your flight by more than 12 hours (but not a flight delay); a change to a lower standard of accommodation; or a change of departure airport (excluding a change between London airports). When a major change occurs, you will have the choice of either accepting the change, or accepting a replacement tour from us of equivalent or closely similar standard and price, or cancelling your tour, in which case we shall refund you in full. In all cases, except where a major change arises from circumstances amounting to force majeure or consolidation, we will pay you compensation as appropriate.
Compensation will not be payable if we are forced to cancel, or in any way change your tour for reasons of consolidation due to minimum numbers not being attained or force majeure. Operation of all tours is dependent on a minimum number of persons booking the tour. If that number is not achieved, we reserve the right to cancel the tour. Your trip may be varied at short notice, even after its commencement. Changes may occur because of Force Majeure, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Imaginative Traveller control. Imaginative Traveller does not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond Imaginative Traveller control. Group sizes may also vary.
In no circumstances will we cancel your tour less than 4 weeks before the scheduled departure date except for reasons of consolidation, force majeure or failure on your part to pay the final balance. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements. If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate.
8. Flight notice, flight information, EU blacklist and air passenger duty
This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s), us and you. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury. There are no financial limits to the liability for passenger injury or death. For damages up to approximately £80,000 the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments. If a passenger is killed or injured, the air carrier must make an advanced payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000.
Passenger delays. In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to approximately £3,300.
Baggage delays. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to approximately £800.
Destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to approximately £800. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action. Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating any flights included in your tour. We do this by listing carriers to be used or likely to be used (British Airways, Qantas, LAN Chile, Aerolineas Argentinas, Iberia, Thai Airways, Jet Airways, Vigin Atlantic, Egypt Air, Royal Air Maroc, Malaysia Airlines, Continental Airlines, South Africa Airways, Royal Jordanian, Ethiopian Airlines, SriLanaka Airlines, Lufthansa, ThomsonFly, Gulf Air) in our pre departure information. Any changes to the actual airline after you have received your tickets will when possible be notified to you prior to departure and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.
Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggae weight. If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from your GP.
The UK government have announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports with a new Emissions Tax, known as Aviation Duty, with effect from 1st November 2009. We are not yet aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust prices to reflect those changes in costs. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.
9. Price changes
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure.
Any changes in taxes, entry fees and/or charges that we collect at net cost on behalf of local and government bodies will be passed on to you in full or refunded to you in full. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums, any taxes, entry fees and/or charges that are collected at net cost on behalf of local and government bodies and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your travel arrangements go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Dates and itineraries shown for tours departing after 01 September 2010 are indicative only and subject to change.
10. Complaints
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Imaginative Traveller local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 35 days of the end of your trip. If a complaint cannot be amicably settled, we can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com.
The arbitrator will only deal with your complaint if it relates to a tour and: you are claiming up to £5,000 for each person or £25,000 for each booking; you contact them within 9 months of the end of your tour; and your complaint does not involve major physical injury or illness in excess of £1,000.
This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details please ask our customer service staff. If you prefer, you can take your complaint to the County Court or another suitable court.
11. Authority of the leader
At all times the decision of Imaginative Traveller leader or representative will be final on all matters likely to affect the safety and well-being of the trip. You must, at all times, strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. Should you fail to comply with the above, or should you interfere with the well-being of the group then the leader or company representative may order you to leave the trip immediately with no right of refund.
12. Travel insurance
Adequate and valid travel insurance is compulsory for all Imaginative Traveller travellers and it is a condition of Imaginative Traveller accepting your booking that you will have obtained adequate and valid travel insurance for your booking by the date of departure. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Imaginative Traveller also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by Imaginative Traveller employees or suppliers.
Adequate and valid travel insurance is mandatory for all clients while on one of our tours. You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by company employees or suppliers.
The insurance scheme we offer is designed to cover all activities included in our itineraries and the featured optional extras. Please note, however, that this policy may not cover you for any activities you purchase that are not pre-booked nor featured in official Imaginative Traveller Company literature. If you choose not to take our insurance you are responsible for ensuring that you are in possession of travel insurance for the entire duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with cover/benefits equal to/greater than the insurance we offer. If you make your own insurance arrangements you must ensure that there are no exclusion clauses which limit cover for the type of activities included, or the altitudes attained, in your tour.
Imaginative Traveller is an Appointed Representative of Campbell Irvine Ltd who are authorised and regulated by the Financial Services Authority. This can be checked on the FSA's register by visiting the FSA's website at www.fsa.gov.uk/Pages/register or by contacting them on 0845 606 1234.
Any claims concerning matters for which you are insured must be directed to your insurers.
13. Pre-existing medical conditions and age limits
Before making a booking you must advise Imaginative Traveller of any pre-existing medical condition, mobility impairment and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a trip and the enjoyment of other trip members. You may be required to provide an assessment of your medical condition from a qualified medical practitioner if requested by Imaginative Traveller employees or suppliers. If you fail to adequately notify Imaginative Traveller of any pre-existing medical conditions and/or disability, Imaginative Traveller reserves the right, at its reasonable discretion, to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition, mobility impairment and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
14. Privacy policy
Imaginative Traveller Privacy Policy sets out what information we collect, how we collect it, and what we do with it. Your information refers to information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including any information about other persons on your booking relating to the same (“your information”). Your information is collected when you request information from us, contact us (and vice versa) or make a booking with us. You are responsible for ensuring that other members of your party are aware of the content of our Privacy Policy and consent to your acting on their behalf in all your dealings with us. We will update your information whenever we get the opportunity to keep it current, accurate and complete. For the purpose of providing you with our services, including your flight, holiday or insurance, etc., we may disclose your information to our service providers (who could be located outside the UK/EEA). In order for you to travel overseas, it may be mandatory (as requested government authorities at the point(s) of departure and/or destination) to disclose your information for immigration, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Even if not mandatory, we may exercise our discretion to assist where appropriate. We may collect and use your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our “group companies” (some of whom are outside the UK/EEA) for business purposes. We may also disclose your information to companies who act as “data processors” on our behalf, or to our service providers operating systems or business functions on our behalf, some of whom are outside the UK/EEA. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation / structuring / sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection. Some of your information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information (which may contain sensitive personal data) to us in circumstances where we need to act in the interest of everyone in the group you are travelling with. For example, if your illness at resort is infectious we may need to make special arrangements for you and also ensure that you do not return with the group immediately.
If you do not agree to our use of your information as above, we cannot do business with you or accept your booking.
We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our holiday group companies. Please note that our websites will assume you to agree to e-communications when you make a booking. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material. You may indicate your preference regarding receiving third party direct marketing material. If do not wish to receive such information or would like to change your preference, please see below.
You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. You have the right to ask in writing not to receive direct marketing material about our products and services. If the following facilities are available, you can amend your previous preference on our website(s), using our “unsubscribe e-mail” or in literature which you subsequently return to us. Once properly notified by you, we will take steps to stop using your information in this way. If you would like a list of our group companies or brands, please send us your request. Please address your correspondence to Customer Service.
Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country. We have taken all reasonable steps to have in place appropriate security measures to protect your information. Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
Any likeness or image of you secured or taken on any of our holidays may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
15. Waiving of booking conditions
The Booking Conditions may only be waived or amended by written mutual consent signed by a Director. When you complete the Booking Form you agree to accept all these conditions, and when we accept your booking we agree to carry out our obligations to you as defined in this brochure and other information provided to you.
16. Brochure and Trip Notes
Prices are on twin share basis and have been calculated in accordance with foreign currency exchange rates obtained from Oanda Corporation.
If we issue detailed trip notes for your tour, these trip notes and all the information contained therein will be deemed to be part of the contract. Trip notes available from our website or by post from Imaginative Traveller, contain up-to-date definitive information about the itinerary and travel arrangements. Should there be a discrepancy between the information in the brochure or website and the trip notes, the information in the trip notes supersedes that in the brochure or on the website and will be considered the most up-to-date and accurate.
17. Your financial security
When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 3986. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund the flight costs you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our quotations and for your repatriation in the event of our insolvency. For package holidays that do not include travel by air we provide this security by way of a bond held by ABTA If you book arrangements other than a package holiday from our quotation the financial protection referred to above does not apply. We are a Member of ABTA, membership number Y0713. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
CONDITION 18 IS ADDITIONAL AND REFERS ONLY TO AFRICA BOOKINGS
18. Acceptance of risk
Please be assured that the Imaginative Traveller service providers will always do the utmost to ensure your safety and well-being when on tour. Therefore, you accept that on certain tours in Africa, which travel through areas with dangerous wildlife, Imaginative Traveller local service providers will on day 1 of the tour need you to sign an ‘Acceptance of Risk’ form prior to accepting your participation on the tour. The purpose of the form is to make you aware of the risks and dangers involved with travelling in these areas, and to indemnify the service provider and Imaginative Traveller from any claims made by you for incidents arising due to circumstances outside the service provider’s and Imaginative Traveller reasonable control. You may request a copy of the applicable form by contacting Imaginative Traveller, or visiting our website.
19. Governing law
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
20. Third Party Websites
Imaginative Traveller cannot be held responsible for any content, tours and pricing displayed on third party websites.
HOW TO BOOK
1. Availability. Check the Imaginative Traveller website or contact Imaginative Traveller to check availability. Book early to guarantee your place.
2. Booking Conditions & Trip Notes. Read the Booking Conditions and Trip Notes. Booking with us and paying a non-refundable deposit means you have read and agreed to the Booking Conditions and the Trip Notes.
3. Deposit and Booking. To make a booking you must send Imaginative Traveller a non-refundable deposit of £150 for trips (£100 for extensions) per trip per passenger, or full payment if within 56 days of departure. This will constitute acceptance by you of the booking conditions. We cannot confirm your booking or release any documents unless we have received full name, sex, date of birth, passport details and pre-existing medical conditions for each passenger. Please note that credit card payments are subject to extra charges.
4. Finalise your booking. Please ensure that you finalise your booking early. Any amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre- and post tour accommodation, transfers, etc), received by Imaginative Traveller within 56 days prior to tour departure date will be subject to a £25 administration fee per change.
5. Comprehensive Insurance. You must have comprehensive travel insurance to travel with us.
6. Final Payment. You must pay the full balance of your expedition’s cost 56 days before departure. If you book less than 56 days before departure, full payment must be made immediately. Please note that credit card payments are subject to extra charges.
7. Final Documentation. Your final documentation and tickets will be released when Imaginative Traveller has received full payment and all the details necessary to complete your booking (full name, sex, date of birth, passport details and pre-existing medical conditions).
The Imaginative Traveller, 1 Betts Avenue, Martlesham Heath, Suffolk IP5 3RH, United Kingdom (The Imaginative Traveller Limited, trading as ‘Imaginative Traveller’, Registered No 2584114), or the travel agent from whom you received this brochure.
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