Booking Terms & Conditions
All reservations are made with Asian Horizons Limited (“Asian Horizons”). The contract is between Asian Horizons and the client, being all persons named on the booking form. Please read these booking conditions carefully as they set out the terms and conditions of the contract between you and Asian Horizons.
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation. This contract is made on the terms of these booking conditions which are governed by English Law and all parties agree to submit to the jurisdiction of the English Courts at all times.
2. Your Financial Protection – Asian Horizons Limited – ATOL Licence 10566
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
3. Booking, Deposits and Final Payments
You may book your holiday by telephone, post or via our website. To make a booking, we will require a deposit of £250 per person which is payable at the time of booking. Your booking is subject to availability and is not confirmed until we have mailed, emailed or faxed you an ATOL certificate. For bookings that are not ATOL protected, your booking is not confirmed until you receive our confirmation invoice. Final payment is due 12 weeks prior to departure. In the event of a booking being made within 12 weeks of departure we will require full payment of the tour cost at the time of booking. If the balance is not paid on time, we reserve the right to cancel your holiday, retain your deposit, and apply the cancellation charges set out in the paragraph headed “Changes or Cancellation by You”. Should your holiday include components that require advance payments or flights that require immediate ticket issue, then additional deposit payments will be required and the appropriate amounts will be advised at the time of booking. For accepted methods of payment please consult our booking form for details.
4. Pricing Policy
The price of your holiday was calculated using the following exchange rates as quoted on Reuters (rounded to two decimal places): Pound Sterling £1 = Chinese Renminbi CNY9.55; American Dollar US$1.52. For all exchange rates not mentioned, the rate of exchange of American Dollar applies. Asian Horizons will guarantee the price of your holiday with the following exceptions: Changes in a) transportation costs e.g. scheduled airfares & fuel; b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; c) exchange rates. We reserve the right to levy a surcharge if the amount of the increase in our costs exceeds 5% of the total cost of your holiday (excluding visas & any amendment charges). 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. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of issue date printed on the surcharge invoice. We guarantee that no surcharges will be passed on within 30 days of the departure date. No refunds will be payable within this period either. Where your contract is with a Third Party Supplier, as we act only as agent, we must pass on to you in full all additional costs and charges of whatever nature imposed by the Third Party Supplier in accordance with its own terms and conditions. Occasionally our holiday prices are discounted for a limited period for promotional purposes. Discounts cannot be applied retrospectively to reduce the price of a confirmed booking.
5. Passports, Visas and Vaccinations
It is your responsibility to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the holiday. Asian Horizons can offer guidance but it is your responsibility to make enquiries with the relevant authorities.
6. Health Requirements & Behaviour
Please check with your GP for the up-to-date health & vaccination requirements of your chosen destination(s). Individuals with heart disease, chronic illness, advanced pregnancy, or various stages of asthma should check with their doctor before enrolling in any these tours. Most tours include moderate walking, including hills and stairs. If you are taking any prescription medication, then please ensure that you have sufficient supplies for the duration of your holiday and a copy of your prescription. Asian Horizons reserves the right to accept or reject any person as a tour member, to expel any person from a tour, to make changes in the itinerary whenever deemed necessary for the comfort, convenience and/or safety of tour members.
7. Travel Insurance
All participants on our tours must have adequate travel insurance and full details of this must be supplied to Asian Horizons with or before final payment.
8. Payment by debit card and credit card
There is no surcharge for transactions made with a standard UK issued debit card. A surcharge of 3.0% will be added to all transactions made with a standard UK issued credit card, including American Express. All non-standard and non UK issued debit and credit cards also carry a surcharge of 3%.
9. Changes or Cancellation by Us
We will always do our best to avoid making any changes to a holiday which has been confirmed. However, local conditions may necessitate changes in sightseeing, routings and hotels as we do plan the arrangements many months in advance. Consequently we may have to make occasional changes and we reserve the right to do so at all times. Most of these changes will be minor and we will advise you of them at the earliest possible date. Examples of minor changes include flight route changes, alteration of your outward/return flights by less than 12 hours, change in airline/aircraft type, change of accommodation to another of the similar standard, change of tour sequence/daily itineraries. On occasion we may use licensed and knowledgeable local guides instead of a designated tour manager. We regret no refunds or compensation will be made for such minor changes. In the unlikely event that we will have to make any major changes to your holiday, we will inform you as soon as possible. You will have the choice of accepting either the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your booked holiday and receiving a full refund of all monies paid to us. Force Majeure: Some changes are necessary because of unusual and unforeseeable circumstances beyond our control. These circumstances include industrial disputes, closure or congestion of ports or airports, road blockades, delayed flights, unavoidable technical transport problems, war, civil unrest, terrorist activity, natural or nuclear disaster, fire, epidemic or disease, adverse weather conditions and all similar events outside our control. Advice from the Foreign and Commomwealth office not to enter or remain in a particular country or region will generally be regarded as “force majeure”. We regret to inform that in these circumstances, you will not be entitled to any compensation. Very rarely, we may be forced by Force Majeure to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
10. Changes or Cancellation by You
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes. Depending on the amount of work involved, each change will incur an amendment charge not exceeding £30 per person. You will also have to incur any additional charges imposed by airlines or suppliers. Please note that some suppliers, in particular airlines, do not allow a name change and may consider this a cancellation and re-booking with a 100% cancellation charge. You, or any member of your party, may cancel their travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as set out below plus insurance premiums and any additional charges passed onto us by airlines and suppliers (e.g. non-refundable flight tickets). If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurers. The period before Departure Cancellation charged as % of total holiday:
84 days or more deposit forfeited
56 to 83 days 50%
28 to 55 days 80%
less than 28 days 100%
After departure there will be no refund of any unused component of your holiday.
11. Our Liability To You
We accept liability under Regulation 15(1) of the Package Travel, Package Holidays and Package Tours Regulations (“the Regulations”) subject to the defences in Regulation 15(2) of “the Regulations”, set out in sub-paragraph (a) below, the limitations set out in sub-paragraphs (b) to (d) below, and the condition precedent set out in sub-paragraph (e) below.
(a) When you suffer any loss, damage, personal injury or death as a result of our failure to perform or improper performance of the holiday contract we shall be liable to pay you compensation, except where the cause of failure is not our fault or that of our employees, agents or suppliers, and is your own fault, or the actions of someone unconnected with your holiday arrangements, or due to unusual or unforeseeable events which neither we nor our employees, agents or suppliers could have reasonably anticipated or reasonably avoided even with the exercise of due care.
(b) We are permitted to limit the amount compensation we will pay you in the event of a claim. Where any claim arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount you will receive will be limited in accordance with the provisions of any relevant International Conventions, namely the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955); the Berne Convention 1961, the Athens Convention 1974; the Geneva Convention 1973 and the Paris Convention 1962.
(c) Under Regulation 15(4), we are entitled to limit the amount of compensation we will pay you in the event of a claim, where that claim concerns damage other than personal injury. We will do our best to assess the appropriate sums due to you in the circumstances of your particular claim at the time it is made.
(d) Any sums received by you from suppliers, such as from airlines or ferry companies, will be deducted from any sum paid to you as compensation by us. Further, if we pay you any compensation, you shall, if required by us in writing, assign to us any rights of action that you may have against any third party who was in any way responsible for the failure to perform or improper performance of the holiday contract.
(e) Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out above.
(f) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you in respect of any personal injury or death (unless caused by our negligence), or in respect of any other damage which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.
12. Data Protection Act
If you have a complaint about your holiday you should bring it to the attention of the tour leader or our representative at the time so that remedial action can be taken if possible. In any event you must notify the Company of any complaint, in writing, within 14 days of the holiday finish date. Asian Horizons Ltd. is incorporated in England & Wales. Registered Office: East House, 109 South Worple Way, London, SW14 8TN. Company Registration number: 07945893