1.1 These are the Conditions of Evebus Tours LTD (“The Company”).
1.2 These Conditions shall be deemed to be incorporated into all contracts made by the Company with you.
1.3 No variation will be incorporated into the contract unless in writing and signed by a duly authorized representative of the Company and (in certain cases) where such variation is in accordance with the terms of these Conditions.
1.4 No employee or agent of the Company is authorized to make any representations concerning the services or facilities to be performed or offered by the Company to you unless confirmed by the Company itself in writing. In entering into any contract you acknowledge that you do not rely on and waive any claim for breach of any such representations which are not so confirmed.
1.5 Words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and neuter and vice versa.
The following expressions shall have the following meanings: “The Company“ means Evebus Tours Limited and its successors in title. “Day Trips“ means any trip or tour where at the time of booking the Company intends that the duration of the tour or trip should not exceed 24 hours and that at the same time the Company does not intend any hotel or similar sleeping accommodation to be included within the facilities offered. “Package“ means any tour or trip that is not a Day Trip. “Holidays“ means any Package and Day Trip. “Trust Deed“ means a Deed establishing a Trust for the holding of your monies pending conclusion of the Holiday such monies being held by Trustees in an account separate from all Company monies are held on the terms of the Deed a copy of which is available for inspection at the principal place of business of the company). “Trust Account“ means such bank account as may be established in order to implement satisfy and to enable implementation of the Trust Deed by the Trustees thereof from time to time.
3. Provisions relating to holidays
3.1 Bookings should be made as far in advance as possible in order to determine likely demand. A contact address and telephone number should be given at the time of booking in case of cancellation.
3.2 For reservations made through our on-line booking system, Evebus reserves the right to decline any booking should it become apparent that any genuine error on the website has occurred. A reason for this, but not limited to, would be an error in the advertised price. Should this be the case we will inform you within 3 days of booking. You will be refunded 100% on any monies paid.
3.3 The price of your holiday was calculated using exchange rates (where applicable) shown on the day of booking. Prices are, however, subject to surcharge on the following items where increases occur: transportation costs – fuel, ferry operators fares or surcharges, scheduled airlines and any other airline charges which are part of the contract between airlines, their agents and us, government action such as increases in VAT or any other Government imposed increases and any increases due to adverse exchange rate variations.
3.4 Baggage is restricted to one suitcase per person. The Company cannot accept liability where other belongings are carried, for example wheelchairs / pushchairs.
3.5 Passengers are kindly asked to refrain from smoking on board coaches.
3.6 The Company reserves the right to refuse or terminate a customer’s holiday in the event of unreasonable behaviour which in our opinion, is likely to cause distress, danger or annoyance to our other customers, employees, property or third party. If your contract with us is terminated as a result of any of the aforementioned, our responsibility for your holiday will immediately cease. Full cancellation charges will apply and we will be under no further obligation for compensation or any costs which you may incur.
3.7 The Company reserves the right to alter routes according to prevailing conditions and where this is in the interests of your safety where due to circumstances beyond the control of the Company. Your specific attention is drawn to the fact that all arrival, visiting and return times are approximate and the direction of the pick up route and times can be altered as necessary.
3.8 The Company reserves the right to alter coach seating arrangements and, on occasion, use feeder coaches or merge a tour with one or more others.
3.9 You should note that our holidays are not always entirely suitable for people with disabilities. We will do our best to assist you but some tours require a great deal of traveling and the driver may not be able to provide a sufficient level of care. Our tours may also require a certain amount of walking and not all destinations/attractions visited will be suitable for the less able-bodied. We will pass any special requests onto a hotel but cannot guarantee that the hotel concerned or the facilities provided by it will be suitable to meet all of your special needs.
4. If we cancel your holiday
4.1 The Company reserves the right in any circumstance to cancel your holiday. One of the reasons for cancellation maybe that the minimum number of persons required for your holiday to take place has not been reached. In the event of cancellation the Company will send you notice at least seven days (24 hours for Day Trips) prior to the intended date of departure of this event. We will return to you all money you have paid us or will offer you an alternative available holiday.
4.2 The Company further reserves the right to cancel any tour where this is due to reasons of unusual or unforeseeable circumstances beyond the control of the Company such as (but not limited to) war or threat of war, riots, civil strike, industrial action, natural disasters, fire, adverse weather conditions, epidemics, technical problems to transport, the closure of airports or ports, terrorist activities, governmental action or similar events beyond the control of the Company; in such case the Company reserves the rights to cancel at any time up to the time of departure provided that the Company shall use its best efforts to give as much notice as possible to you.
5. If you cancel your package
5.1 If you cancel your Package within three days of receipt of your confirmation/payment for travel ticket your deposit will be refunded provided that your intended date of travel is more than fourteen days in advance.
5.2 If you cancel your Package more than three days after receipt of your confirmation/travel ticket deposit will be retained by the Company and you will not have any right to its refund.
5.2.1 If you cancel your Package more than fourteen days prior to the intended date of departure, you will be liable to a cancellation charge of 60% of the Holiday price.
5.2.2 If you cancel your Package less than fourteen but more than eight days prior to the intended date of departure you will be liable for a cancellation charge amounting to 80% of the Holiday price.
5.2.3 If you cancel your Holiday on or after the seventh day prior to the intended date of departure, you will be liable for the full Holiday price.
5.2.4 If you no-showed or arrived after departure time, you will be liable for the full Holiday price and there is no chance to join the tour later in the day.
5.2.5 Only if the tour becomes fully booked and your Package sells. We will refund you the full amount (minus £20.00 per person to cover the administration costs of the Company) on Monday following the Holiday END.
5.3 For the purposes of this Condition cancellation shall not be effective until notice of it is received by the Company in writing at the London office via email@example.com.
5.4 Your specific attention is drawn to the fact that insurance policies are available which cover cancellations for various reasons and any cancellation charges or deposits lost by virtue of a cancellation by you may be recovered by such means. You are strongly advised to take out such insurance (could be bought via us within three days of receipt of your confirmation/payment for travel ticket) and it is pointed out that any cancellation is in accordance with these conditions at your risk.
6. If we vary your holiday
6.1 Arrangements for Holidays are usually made many weeks in advance and changes are sometimes unavoidable. Most of these changes are very minor but where they are significant, the Company will notify you as soon as is reasonably possible before your intended date of departure. By way of example only the following circumstances would be regarded as material alterations; changes in departure date, departure point, or resort area; reduction in the quality of your main hotel; a change of tour itinerary which involves a destination being completely eliminated from the revised itinerary. In the event of a material alteration and within seven days of notification of it by the Company you may decide to:- (a) cancel your booking (in which case your money will be refunded in full) (b) accept a variation to the contract specifying the alterations made, or (c) accept in place of the original booking an alternative Holiday that the Company may decide to offer you
6.2 In the event of you deciding to cancel the booking the Company shall refund to you such of the Holiday price as may already have been paid by you but shall not be liable to you in any way whatsoever over and above such refund.
7. If you change your booking
7.1 If you wish to change to another Holiday (whether by way of change of departure date or destination or otherwise) after a confirmation/travel ticket has been issued then the Company shall not be under any obligation to you to meet your request. Nevertheless the Company shall use its best efforts to make such changes provided that to do so would not necessitate cancellation of the original Holiday booked for, in the interests of other customers and provided that you notify the Company in writing of your wish at least two weeks before the departure date of the original Holiday booked for. Any such notification in writing to the Company must be accompanied by a further payment of £20.00 per person involved so as to cover the administration costs of the Company (EVEBUS TOURS SC 09-01-29 AN 00049159).
7.2 Any attempt by the Customer to require or request the Company to effect such a change not more than two weeks before the departure date of the original Holiday booked for shall be treated as a cancellation in accordance with these Conditions (check above).
8. The price and payment by you
8.1 Payment by you shall be due from you as follows: – (a) In the case of Day Trips, with booking. No booking without full payment will be accepted. (b) In the case of Packages a deposit of 50% per person must accompany the Booking with the balance being paid at least eight weeks prior to the intended date of departure.
8.2 The Holiday Price shall (unless the contrary shall be clearly indicated to you) be inclusive of value added tax.
8.3 The Holiday Price shall include all facilities indicated as such by the Company but shall not include any other item, standard, facility, goods or services other than those expressly indicated by the Company. In case of doubt you are asked to enquire specifically of the Company as to your needs or expectations. (c) Please note owing to bank commission payments, a 3% charge is made for credit card facilities.
9.1 If you have grounds for complaint, then by these Conditions you are obliged to raise this matter on the spot to the person or local representative of the person who is responsible for the provision of the facilities or services complained of, and also to the Company in writing at the earliest opportunity.
9.2 If your complaint cannot be resolved locally, you must request that details are listed on the representative’s report of the person who is responsible for the provision of the facilities/services complained of.
9.3 Provided that you comply with your above obligations and in any event within seven days of return from the Holiday then the Company will thoroughly and promptly investigate the matter; in the event of complaint during a Holiday the Company shall use its best efforts to find appropriate solutions, having regard to the manpower of the Company and the existence or absence of any local representation on its behalf. On most occasions the driver/courier is provided by the coach contractor for the holiday concerned and are not employees of the Company.
9.4 It is important in your own interests that you observe the above procedures and times for complaint since the Trustees under the Trust Deed and/or the Company may otherwise be unaware of your complaint and the Company may otherwise in good faith certify to the Trustees of the Trust Deed that the Company has satisfactorily performed its contract with you and require payment of the monies held in the Trust Account to the Company.
10. Our responsibility for your holiday
10.1 YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE CONTENTS OF THIS CONDITION AS THEY AFFECT OUR RESPONSIBILITY FOR ANY LOSSES WHICH YOU SUSTAIN AND MAY AFFECT YOUR RECOVERY OF ANY LOSS OR CLAIM AGAINST THE COMPANY.
10.2 YOUR SPECIFIC ATTENTION IS DRAWN ONCE AGAIN TO THE ADVISABILITY OF HOLIDAY INSURANCE AND THE FACT THAT YOU MAY BE AT RISK BY VIRTUE OF THESE CONDITIONS RATHER THAN THE COMPANY AND SHOULD CONSIDER THE AVAILABILITY IF APPLICABLE OF ANY INSURANCE COVER TO PROTECT YOURSELF AGAINST SUCH RISKS.
10.3 The Company and its Agents subject to these conditions fully accepts responsibility for the holiday arrangements.
10.4 Nothing in these Conditions shall prevent the Company being liable for any claims resulting from death or personal injury arising out of the negligence of the Company its Employees or Agents.
10.5 Whilst the Company does not have direct control it does have responsibility and makes every effort to ensure that proper arrangements have been made for all holidays advertised in its brochures and that suppliers of services included are efficient and reputable. It accepts responsibility on the clients behalf to that extent except those that fall within the following circumstances:- (a) by booking a Holiday you accept that some hotel amenities (by way of example but not exclusively the provision of lifts and swimming pools) require servicing or cleaning and the Company cannot guarantee that they are always available nor that the provision of entertainment or outdoor amenities are always to be included as described in the brochures of the Company by virtue of the influence of factors such as weather conditions, local circumstances, or lack of economic viability of such amenities or services where the Company is not directly the providers of such. (b) by virtue of the booking you accept that some excursion itineraries include the use of ferries and other forms of transport which are not within the control of the Company or which can be affected by inclement weather, industrial action or the like and may have to be cancelled or arrangements changed; the Company shall wherever possible offer suitable alternative excursions but is not obliged to do so.
10.6 In traveling on a coach, train or ship the conditions of carriage of that carrier apply and are subject to national and/or international conditions or conventions that may limit or exclude liability.
10.7 There are also legal limitations and obligations imposed upon coach drivers and coach operators with regard to their vehicles length of driving etc. both within the United Kingdom and abroad and nothing by virtue of your booking a Holiday shall impose or imply liability on the Company for any act or omission solely arising as a result of compliance with any such legal measure.
10.8 In any event the liability of the Company to you shall not exceed the Holiday Price actually paid by you.
10.9 The Company and its Agent¹s highly trained reservation staff always endeavour to give precise, accurate information to telephone or counter enquiries. However, the Company cannot accept liability for information given to customers unless it is confirmed by the Company in writing. Any special requests are noted and passed on to the hotel, coach operator etc., however, the Company regrets that such requests cannot be guaranteed, consequently special requests accepted by the Company, will not form part of the Company¹s contractual obligations, and will not be liable if they are not met.
11. Your financial security and peace of mind
11.1 This clause shall apply to all Customers of Holidays except Day Trips and no provision in the remaining clauses of this Condition shall be construed so as to apply to any Customer or to monies paid by any Customer in respect of any Day Trip.
11.2 The Company has established the Trust Deed and the Trust Account in order to comply with the European Community Directive number 90/314 for the benefit of its Customers.
11.3 All monies received on behalf of clients in relation to their holiday booking is paid into a dedicated client Trust Account in accordance with EC Directive 90/314.
11.4 Under the terms of the Trust Deed the Company shall not be entitled to require transfer of your monies until such time as it has certified to the Trustees of the Trust Deed that the contract has been satisfactorily performed. Your attention is drawn to the conditions relating to complaints.
11.5 Your money is therefore kept safe until your Holiday has been completed.
11.6 In the event of insolvency of the Company during your Holiday it may be possible for you to obtain financial assistance immediately from the Trustees of the Trust Deed to assist in your return. You should note that coach operators contracted for your Holiday will be bound by contract entered into on your behalf to return you and all passengers to their original departure point of the Holiday and this obligation has been entered into by the Company with such coach operator on the basis that the Company acts as Agent, for you and its other Customers and that you are therefore entitled to the benefit of that commitment.
12. Legal and miscellaneous
12.1 Any contract incorporating these Conditions shall be governed and interpreted in accordance with English Law regardless of the place of performance or the place in which such contract is made.
12.2 Any contract incorporating these Conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
12.3 By virtue of your booking, you agree with the Company that should any provision of this Agreement be invalid or unenforceable then you will forthwith enter into good faith negotiations to amend such provision in such a way that as amended it is valid and legal and to the maximum extent possible carries out the original intent of the parties as to the point or points in question. Correspondence Address: Evebus Tours LTD, 11 Commercial Street, London, E1 6NE or email:firstname.lastname@example.org, Telephone 02032398646 – Please note phone calls may be recorded for training and quality purposes.
LESS ABLE BODIED CUSTOMERS Customers with specific needs are advised to ask to speak to our Sales Support Team to check suitability of any proposed holiday.
HOTEL AMENITIES AND FACILITIES Amenities as described will usually be available, but please note that some amenities (lift, swimming pool, etc) require service and repair, and may not always be available. Entertainment is frequently subject to demand based on sufficient guests staying at the hotel. Some hotels may charge for extra supplies of tea/coffee in bedrooms.
CHILD PRICES Unless otherwise stated, child prices are as follows: aged 5-14 inclusive – £30 for a DAY TOUR or £100 for TWO DAY TOUR when accommodation is provided in a shared room with parents. For aged 15 and over – adult price applies. Unfortunately, children under five can’t join our tours. No further discounts/vouchers apply.
LOYAL DISCOUNT Providing the same details in the proses of booking (full name, phone number and email) activates an automatic loyal discount. It applies to any tour in Britain during a common calendar year (expires at the end of December). Loyal discount can be used by the named traveller; by passengers holding the same family name; by passengers travelling together with the named traveller, at the time when discount redeemed. After five bookings it gives 5% off and after fifteen 15% off!
13. Gift Certificate or voucher
13.1 The non-refundable voucher is to be used for payment of the journey of EVEBUS TOURS in Great Britain. The amount that can be used is mentioned on the voucher. You can redeem maximum of one voucher per passenger and maximum two vouchers per booking. Voucher can be used by the owner of the voucher; by passengers holding the same family name; by passengers travelling together with the original voucher owner, at the time the voucher is being redeemed.
13.2 The maximum value of a voucher is GBR 150. If upon payment for the tour, a balance amount on the voucher remains, no residual voucher shall be issued for that amount, no refund given and voucher considered to be paid off.
13.3 The voucher needs to be redeemed within the validity period of 12 months from the date of issue, but the travel can be up to 350 days after the date the voucher is used. 13.4 Terms and conditions are subject to change.