And now the small print…
Before you book a trip with Toucanto, please take the time to read and understand the Booking Conditions and additional Special Conditions below below which apply to certain trips and themes.
These conditions apply to bookings made from 1st January 2021 onwards, including new bookings made with credit vouchers issued following trip cancellations. These are designed to provide you with maximum flexibility.
Standard Booking Conditions
The Standard Booking Conditions apply to the country or region you are making the booking from not the destination you are travelling to.
Please take the time to read and understand the conditions of booking set out below prior to booking a trip with us. We strongly recommend that you also read the Essential Trip Information and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking.
1. Our contract
All bookings are made with Toucanto Ltd (12552983). By booking a trip with us you have agreed to be bound by the terms and conditions set out in:
(a) these Booking Conditions;
(b) Essential Trip Information that applies to your trip; and
(c) any Special Conditions that may apply,
(which constitutes the entire agreement between you and us).
Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Dates and itineraries are valid until 31 December 2021. Beyond 31 December 2021 dates and itineraries are indicative only.
3. Deposit requirement
Except as set out in the Special Conditions, you are required to pay a non-refundable deposit of GB£200 per person per trip for your booking to be confirmed. If your booking is made within 60 days of the departure date, then the full amount is payable at the time of booking. Deposits amounts vary for selected trips and special campaigns that may be run by Us from time to time, as set out in and subject to the Special Conditions.
4. Acceptance of booking and final payments
If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 60 days before the departure date, except as otherwise set out in the Special Conditions. If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.
5. Prices and surcharges
Our advertised trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause 7 (Cancellation by You). The most up to date pricing is available on our website. Prices are based on currency exchange rates as of January 2021; note that prices may vary depending on which currency the booking is made. We reserve the right to in such instances we will be responsible for and absorb any increase up to 2% of the trip price and you will be responsible for the amount over and above that. If any surcharge results in an increase of more than 8% of the trip price you may cancel the booking within 7 days of notification of the surcharge and obtain a full refund or change to an alternative holiday, if available and offered by us. Should the cost of your trip decrease due to the changes mentioned above then any refund due will be paid to you less an administration fee of £10. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the cost of your travel due to contractual and other protection in place. There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period. Please note that a surcharge may be applied to a purchase made by credit card.
6. Your details
7. Cancellation by you
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation that you have sent to your relevant sales representative of the cancellation.
If you cancel a trip:
(a) 60 days or more prior to departure, we will hold the deposit amount as a credit;
(b) 59 days or fewer prior to departure:
- we will hold 50% of the monies paid by you in connection with the booking as a credit and retain the remaining 50% of monies paid by you in connection with your booking; or
- if the cancellation is due to you having COVID-19/ “flu-like symptoms”, supported by a medical certificate, we will hold 100% of monies paid by you in connection with the booking as credit.
Any credit resulting from a cancellation under this clause 7 (Cancellation by you) does not have an expiry date and may be applied towards any other available trip offered by us. This credit is not transferrable or redeemable for cash. This credit excludes flights or insurance as they will have their own booking conditions.
Note that different cancellation conditions apply to some styles of trips and additional services as set out in the Special Conditions and the Essential Trip Information relating to your trip. Your booking consultant will advise if differences apply. You are strongly advised to take out cancellation insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Cancellation by You due to Unavoidable and Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the 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. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause 7, “unavoidable and extraordinary circumstances” means warfare, acts of 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 make it impossible to travel safely to the travel destination.
This clause 7 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 (Directive 2011/83/EU).
Please be advised that cancellation due to changes in Covid-19 quarantine requirements in your country of residence, destination country, or country of transit do not constitute ‘Unavoidable and Extraordinary Circumstances’ for the purposes of these terms and conditions, and we strongly advise that all our customers take out cancellation insurance to cover unforeseen eventualities.
8. Cancellation by us
Our trips are guaranteed to depart once they have one fully paid traveller unless minimum group size specifically states otherwise (which will be stated in your Essential Trip Information and/ or the Special Conditions); or when Force Majeure (as defined in clause 26 Force Majeure) results in the cancellation of a trip.
If we have to cancel your trip, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(a) a 110% credit of monies paid for your trip; or
(b) having a refund of monies paid.
We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
If you choose to accept a credit resulting from a cancellation under this clause 8 (Cancellation by us):
- it does not have an expiry date and may be applied towards any other available trip offered by us;
- is not redeemable for cash;
- excludes flights or insurance as they will have their own booking conditions.
If you choose to accept a refund:
(a) we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy;
(b) we will pay reasonable compensation except where the cancellation is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
9. Booking amendments and transfers of bookings
Transfers to a third party are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. Certain fees may apply. Please note that there may be addition to any charges levied by hotels, ground operators or airlines. Prices are set annually as defined in clause 5 above. No amendments are permitted to your booking within 21 days of departure.
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
(a) that person is introduced by you and satisfies all the conditions applicable to the holiday;
(b) we are notified not less than 7 days before departure;
(c) you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer; and
(d) the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, any cancellation charges as set out in clause 7 (Cancellation by you) will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Amendments to any other arrangements made in conjunction with your trip may incur additional charges levied by hotels, ground operators or airlines.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
The land price of your trip includes:
- all accommodation as listed in the Essential Trip Information
- all transport listed in the Essential Trip Information
- sightseeing and meals as listed in the Essential Trip Information
- the services of a group leader as described in the Essential Trip Information
The land price of your trip includes: The land price of your trip does not include:
- international or internal flights unless specified
- airport transfers, taxes and excess baggage charges unless specified
- meals other than those specified in the Essential Trip Information
- visa and passport fees
- travel insurance
- optional activities and all personal expenses
12. Age & Health requirements
Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Please refer to the Special Conditions and the Essential Trip Information that relates to your trip.
13. Additional terms
For additional terms that apply to certain trips, please see the Special Conditions.
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.
14. Passport and visas
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
15. Travel insurance
Travel insurance is mandatory for all our travellers and must be taken out or in force at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
16. Change of itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a significant change, we will inform you as soon as reasonably possible if there is time before departure. The definition of a significant change is deemed to be a change affecting at least one day in five of the itinerary. When a significant change is made you may choose between accepting the changed trip; accepting an alternative trip if available and if offered by us (we will refund any price difference if the alternative tour is of a lower value), or having a refund of monies paid.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. Where this occurs we will, if possible, make alternative arrangements for you at no extra charge. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.
17. Authority on tour
Our trips are run by a guide or group leader. The decision of the guide/group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a guide/group leader or interfere with the well-being or mobility of the group, the guide/group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our Responsible Travel Guidelines.
18. Acceptance of risk
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
19. Limitation of liability
(a). We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(b). we shall not be liable for any damage or loss if the failure to carry out the contract is:
i. attributable to you.
ii. attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
iii. due to unavoidable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.
iv. Force Majeure (see clause 27).
(c). We limit the amount of compensation we may have to pay you if we are found liable under this clause 19 as follows:
i. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
ii. Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
iii. Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation: the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955 and Montreal Convention 1999 (travel by air), Berne Convention 1961 and COTIF 1999 (travel by rail) Athens Convention 1974 (travel by sea) and Paris Convention 1962 (provision of accommodation). We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions. You can ask for copies of these conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(d). Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to three (3) times the price paid. In the case of damaged property, the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.
(e). Our acceptance of liability in this clause is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury and you must provide us and our insurers with all assistance we may reasonably require.
(f). It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions.
(g). Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; (ii) relate to any business, (iii) indirect or consequential loss of any kind.
(h). Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of 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 make it impossible to travel safely back to your departure point.
(i).Flight Notice, Flight Information and EU Blacklist.
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 Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. 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 Montréal 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 100,000 SDRs (approximately £80,000 / €120,000), 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 advance 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 16000 SDRs (approximately £13,000 /€19,300).
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 4150 SDRs (approximately £3,300 / €5,000).
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 1000 SDRs (approximately £800/€1,200).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (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.
The 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.
The 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 http://www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
20. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
21. Claims & complaints
If you have a complaint about your trip you must inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip through our Contact Us page. Failure to follow the procedure set out in this clause 21 may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under these Booking Conditions. If we can’t resolve your complaint, you can go to http://www.abta.com to use ABTA’s simple alternative dispute resolution procedure. You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason; then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
24. Financial protection
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any package holidays you buy from us that do not include flights by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ. For further information, visit the ABTA website at http://www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
25. Delays and missed transport arrangements
If you or any member of your party miss your flight or another 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 EU 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 EU 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 http://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.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 27 (Force Majeure) of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
26. Force majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure 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 include warfare and acts of terrorism (and threat thereof), civil strife, 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 make it impossible to travel safely to the travel destination or remain at the travel destination, any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, and adverse weather conditions, epidemics and pandemics or other health emergency, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
27. Prompt assistance
If, whilst you are on the tour, 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 the assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or another 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.
28. Applicable law
This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
29. Assignment and Registered address
We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website).
Registered address for Toucanto Ltd: 69, High Ridge Crescent, New Milton, United Kingdom, BH25 5BU.
Standard Information Form on Traveller’s Rights when booking a Package Holiday
Part 1: General
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 all EU rights applying to packages. We, Toucanto Ltd, 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 under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.
Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured.
- for non-flight packages with by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ. For further information, visit the ABTA website at http://www.abta.com. Travellers may contact ABTA if services are denied because of Toucanto Ltd’s insolvency.
Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
Age and Health Requirements:
All family trips have a minimum age of 5 years old at the time of travel except our “Teenage” trips which require a minimum age of 10 years old.
All bookings for our Family trips must include a child under the age of 18.
Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
You are required to pay a non-refundable deposit of AUD100, USD100, EUR100.00, NZD100.00, GBP100.00, CAD100.00, CHF100.00, ZAR1000.00 per person per trip for your booking to be confirmed.
You are required to pay a non-refundable but transferable (to other parties) deposit of $500USD per family booking.
Age and Health Requirements:
You must be older than 18 years and younger than 30 years on day 1 of your trip to travel on our 18 to 29s Adventures.
Booking Conditions for our Tailor-Made trips vary depending on the location and type of itinerary being prepared. Our Tailor-Made team will inform you of the applicable conditions for your trip at the time of booking.