The following booking conditions form the basis of your contract with Rock & Sun. Please read them carefully as they set out our respective rights and obligations. Please note that if you are the party leader (paying for another person) you are responsible for ensuring that every member that you are paying for has read understood and agrees to these Rock & Sun booking conditions.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and worldwide and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract” or “arrangements” mean the particular holiday arrangements made for an individual, group and for the members of the group.
These booking conditions do not apply to the “Koh Lao Liang (4 nights)”-package. This package is non-refundable.
In these booking conditions, “you” and “your” means each individual who books a place on the holiday, “group” means all persons travelling on the holiday (and any of them as the context requires) and “group leader” means the person who has overall responsibility for the group as agreed with us when the holiday is arranged. “We”, “us” and “our” means Rock & Sun. You and the group leader must be at least 18 at the time of booking. In the event that any group member is under 18 at the time of booking, the group leader will be responsible for that individual and for ensuring that he / she complies with these booking conditions (including making all payments due). If an under 18 group member fails to do so, we will be entitled to seek payment from the group leader as well as the group member.
0.1 CASH VOUCHERS
All cash vouchers purchased online or with the Rock & Sun bookings office are non-refundable but are transferable from the purchaser to another person as a gift. Cash vouchers may not be sold for any financial gain and any cash vouchers that are will be immediately voided and no refund will be given. Cash vouchers must be used to book an activity that starts within 24 months from the time of purchase unless otherwise stated when buying the voucher where this period may be extended or reduced. Cash vouchers may be used as part or full payment towards any product or service with Rock & Sun that is advertised on the Rock & Sun website only, if the price of the product or service is less than the value of the cash voucher then any surplus / remaining value will remain with the voucher owner for use on another product or service with Rock & Sun in accordance with these conditions and the voucher valid date will not be extended.
Your voucher may be reclaimed online or with a phone booking with the Rock & Sun bookings team and will take its value off whatever price (including reduced prices) is advertised on the Rock & Sun website and can be used in conjunction with any other voucher or offer. The only time you can not use your voucher is in the special circumstance where you have negotiated an unadvertised holiday deal price with the Rock & Sun bookings team.
1. MAKING YOUR BOOKING
To book your holiday, you must complete our on line booking form and make the payment referred to in clause 2. You will be asked to confirm that you have read and agree to these booking conditions by ticking the appropriate box on the online booking form. If you book your holiday over the phone with the Rock & Sun bookings office then you will be made aware of these booking conditions in writing and informed that your holiday is dependent on you having read, understood and agreed to these booking conditions.
Subject to the availability of the arrangements, we will confirm your holiday by sending you a Booking Confirmation Pack. Any electronic acknowledgement sent prior to the issue of a Booking Confirmation Pack is not a confirmation of your booking. Please check this Booking Confirmation carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Any changes or updates to holiday details or additional information, we will communicate with you by e-mail using the e-mail address provided at the time of booking. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to email@example.com
In order to book your holiday, the full amount of the holiday cost must be paid unless otherwise agreed in writing with the Rock & Sun bookings office. In which case, full and final payment for all bookings is due no later than 6 weeks before the booking commences. If you book within 6 weeks of the booking commencing, then full payment must be made at the time of booking. All payments must be made via our website or over the telephone using the telephone number (0044) 02033 900 351. Please note that you must be insured – please see clause 8 on the subject of insurance.
The balance of the holiday cost (if paid in part) must be received by us no later than 6 weeks before the start of the holiday / activity. Reminders may be sent but this is not to be relied upon and it is you that is responsible for ensuring payments are made on time. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep your deposit. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
As of January 13th 2018 we do not accept credit card payments for amounts up to £190. Payments up to £190 need to be made by debit card or online bank transfer.
3. YOUR CONTRACT
A binding contract between us comes into existence when we send our Booking Confirmation to you. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. THE COST OF YOUR HOLIDAY
Please note, changes and errors occasionally occur. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed.
Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services or in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 9 “Changes and Cancellations by us”. Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday.
Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 9 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
5. SPECIAL REQUESTS AND MEDICAL CONDITIONS / DISABILITIES
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you have any medical condition or disability which may affect your holiday or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
6. CHANGES BY YOU
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, you will have to pay any costs or charges incurred or imposed by any of our suppliers in making the change. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of your holiday was calculated has changed.
If you are prevented from going on your holiday, you may transfer your place to someone else (introduced by you) who wants to go on the same holiday providing we are notified not less than two weeks before departure. We can’t guarantee we will be able to transfer your place to someone else if the person is of a different gender than you or if he/she is under 18 years old. Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers as a result must be paid before the transfer can be effected. Any overdue balance payment must also be received.
7. CANCELLATION BY YOU
Should you need to cancel your holiday once it has been confirmed, you must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We incur costs from the time we confirm your booking.
If you cancel your booking more than 42 days before start of the holiday / activity, we will attempt to but can not guarantee to give you a full refund (minus admin charge). You will be responsible for all costs and charges which we are required to pay our suppliers.
If you cancel 42 days or less before start of the holiday / activity, you will lose the full cost of your holiday / activity.
Insurance premiums and amendment charges are not refundable in the event of cancellation.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying group members below the number on which the price, number of free places and/ or any concessions agreed for the holiday were based, we will recalculate these items and re-invoice you accordingly.
See clause 6 “Changes by you” if you are prevented from going on your holiday.
We consider adequate and appropriate travel insurance which covers all the activities you will or may be participating in whilst on your holiday to be essential. Please remember that many travel insurance policies do not cover hazardous activities as standard.
It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
9. CHANGES AND CANCELLATION BY US
Occasionally, we have to make changes to and correct errors in holiday details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. Please note, many of our holidays require a minimum number of participants to enable us to operate them and/or are costed on the basis of a minimum number of participants. Where applicable, if the number of members on your holiday falls below or fails to reach the required minimum number at balance due date or such other deadline as we may specify during the payment stage of your booking, we are entitled to cancel it. Alternatively, in this situation, we may have to re-cost the holiday on the basis of the actual group size. Any such re-costing will not be a surcharge and clause 4 will not apply to it. If the re-costed holiday price is not acceptable to a sufficient number of group members, we will then be entitled to cancel it.
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of destination airport, a change of contracted accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, or a change of contracted accommodation area for the whole or a major part of the time you are away.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements; or
(b) purchasing an alternative arrangement from us, of a similar standard to those originally booked, if available at the price applicable to those arrangements; or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. A change of accommodation to that of similar standard as mentioned at the time of booking will be treated as a minor change.
If we have to make a significant change or cancel we will, if appropriate, pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of participants necessary for us to operate your holiday has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
10. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
11. OUR LIABILITY TO YOU
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their group or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 10 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 15 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(5) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250 per person affected unless a lower limitation applies to your claim under this clause or clause 11(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by you in total unless a lower limitation applies to your claim under clause 11 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Without prejudice to clause 11(7), where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note: where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) We do not enter into a contract with you in respect of any flights. We are not liable for the performance or non performance of any flight or for the acts or defaults of the airline, the relevant flight provider or any employees, agents, suppliers or subcontractors of any airline or flight provider.
(8) Many of the activities we offer are inherently hazardous and participation carries the risk of death, personal injury and loss or damage of personal belongings. It is your responsibility to ensure you are fully aware of all risks and that you have the necessary skills, level of fitness, equipment and experience, as appropriate, to participate in the activity.
(9) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses.
12. COMPLAINTS AND PROBLEMS
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK using the contact details we have provided you with during your holiday, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
13. BEHAVIOUR AND DAMAGE
When you book with us, you accept responsibility for any damage or loss caused by you. The group leader is also responsible for any damage or loss caused by any group member(s). Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you / the group leader must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You and the group leader will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your / the group’s actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or the group behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned (which may be the whole group where we reasonably consider this to be appropriate). In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
14. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 11(4)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
15. EXCURSIONS, ACTIVITIES AND GENERAL AREA INFORMATION
In addition to the activities which are included in your holiday, we may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available for you to book directly in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control in any way.
16. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
British citizens require a full British passport but do not require a visa for any of the holidays we offer. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you haven’t yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
There are currently no compulsory health requirements applicable to British citizens for your holiday. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. You should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the websitewww.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
You must ensure you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. FOREIGN OFFICE ADVICE
The Foreign and Commonwealth Office publishes regularly updated travel information on its websitewww.fco.gov.uk/
18. FINANCIAL SECURITY
We are a member of the Travel Trust Association. All monies you pay us for your holiday will be paid into a trust account which is controlled by an independent trustee. These monies will not be released to us until your holiday arrangements have been completed. This arrangement means all monies you have paid us will be refunded to you in the unlikely event of our being unable to provide your holiday due to our insolvency.
19. WEBSITE / ADVERTISING MATERIAL ACCURACY
The information contained on our website (including the group area) and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
20. SAFETY STANDARDS
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.