Different Tracks Terms & Conditions
The following conditions form the basis of your contract, which are governed by English law and should therefore be read carefully. A contract will exist as soon as we issue a confirmation invoice. Please note that conditions vary depending on whether you book a "package" or other travel arrangements. A "package" is a booking for two or more different components, e.g. a flight and a hotel, provided full payment for both components is made to us. If you book other travel arrangements, i.e. only components of the same type, your contract will be with the supplier of the service concerned (i.e. the Airline) for whom we act only as an agent.

The flights and air holidays booked are ATOL protected since we hold an Air Travel Organisers License (ATOL 9153) granted by the Civil Aviation Authority. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk

Reservations can be made over the telephone or by email. All arrangements including airfares are subject to availability at the time you book.

When you make a booking you must pay a deposit of a minimum of £250 per person (some holidays will require a minimum deposit of 25% of the total holiday value, which you will be advised off when making the reservation) which is non refundable and non transferable. For flight only bookings the balance must be paid within 14 days of original reservation, unless otherwise stated. The balance of the cost of the holiday must be paid at least 8 weeks prior to the departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser. Also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £5.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 6 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. Payment will be accepted by cash, cheque, Visa Debit and Switch Cards (no surcharge), Visa, MasterCard (3% surcharge), Corporate Visa, Corporate MasterCard, Amex (4% surcharge). Cheques are to be made payable to Different Tracks. Please allow 10 working days for the cheque to clear. If any cheque is returned by our bank unpaid, we reserve the right to make a £25 administration charge.

Please note individual credit card details are NOT stored by Different Tracks and as such you will be required to provide these for each reservation you make.

Please check all details on your invoice immediately and advise us of any discrepancies. The name shown on all travel documents should match those on the passenger's passport(s). If you are getting married or changing your name, the name(s) on your passport must reflect those on your travel documents. Failure to comply with this may result in amendment charges being levied or possible cancellation of your flights.
E & O E: Please note the details shown overleaf are stated errors & omissions excepted.

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 but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of (£35), and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Note: Certain travel arrangements (e.g. Apex Tickets and/or Special Offers) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 2 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value).
Please note that air carriers / airlines advised to you may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.

Service providers generally reserve the right to change arrangements both before and after a booking has been confirmed. We will notify you of any changes as soon as we are notified of them but we cannot accept any liability in relation to any change.

You may cancel your booked arrangements at any time. You must give us written notice signed by the person who made the original booking.

a) Prior to final payment - as making a booking incurs costs, you will forfeit all applicable deposits in case of your cancellation.
b) After final payment - a cancellation at this stage will be subject to cancellation fees, which can be as high as 100% of the full amount depending on the nature of the booking and the service provider involved. Please note that any amendment charges are non refundable in the case of your cancellation.
c) Flights - prior to final payment the deposit will be forfeit. Once final payment has been made charges can be as high as 100%. Please see Cancellation matrix below.
d) Tours - in all cases any specific cancellation conditions for the tour will be made aware to you otherwise these Conditions will prevail.
e) Other arrangements - cancellation conditions vary dramatically. Hotels generally attract the cost of the first nights' accommodation. Car hire cancellation charges can be up to 100% depending on when the cancellation is made. You will be advised of the charges applicable to your circumstances.

Cancellation Matrix
Number of days prior to departure date written advice of cancellation received:
Percentage loss of Total Holiday Cost %
More than 57 days loss of deposit
56-35 days 40% of total holiday cost
34-21 days 60% of total holiday cost
20-8 days 80% of total holiday cost
Within 7 days 100% of total holiday cost

If you fail to pay the balance when it falls due, we will cancel your booking and forfeit your deposit. On the rare occasions we have to cancel your booking for any other reason, we will inform you as soon as possible and offer you the choice of an available alternative or a full refund, including your deposit.
If your new choice is cheaper, we will refund the difference, and if you choose a more expensive alternative you must pay the difference.

Service providers generally reserve the right to cancel arrangements at any time. We will notify you of any cancellation as soon as we are notified of it but we cannot accept any liability in relation to any cancellation.

We regret we cannot accept liability or pay any compensation in the event of a force majeure. Force majeure includes war, threat of war, riots, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions or other similar events beyond our control and that of our suppliers.

Unless otherwise stated, the routing of your air ticket cannot be changed, once the balance has been paid. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or passenger failure to check in on time. Flight timings are subject to change as a result of airline procedures and up to date times will appear on your final itinerary. We do not make any arrangements if there is a delay at the outbound or inbound point of departure. Most airlines however, do make provisions in such cases.

In most cases onward and return flights must be re-confirmed with the relevant airlines locally. Different Tracks accepts no responsibility for bookings cancelled due to non-compliance with the particular airline's rules.

Different Tracks strongly recommends that you take out travel insurance. In many cases cancellation charges, if incurred involuntarily, may be covered by insurance. Different Tracks does not offer Travel Insurance although we recommend our clients consider using BUPA Travel, although Different Tracks has no relationship with BUPA Travel and as such cannot offer any guidance as to their suitability and/or the level of cover offered.

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Additionally many countries require that your passport is valid for at least 6 months after your departure date from that country. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
It is important that you check with your GP prior to travelling for information in regards to inoculations that you may need if you are travelling to countries with high risk of disease or if you have recently returned from an infected country. Information is readily available from your local surgery or by visiting The Foreign and Commonwealth Office website: www.fco.gov.uk/knowbeforeyougo

Recent legislation compels us to cover each traveller against a possible failure by an airline. The cost of this is recovered by charging our clients £2 per flight. Any passenger who refuses to pay this insurance will be required to give Different Tracks a signed indemnity absolving Different Tracks from any liability in the event of a claim under this heading.

Tickets are only issued against full payment. Tickets and travel documents are usually sent by Royal Mail services to the invoice address unless you advise us otherwise. Tickets are generally posted to you 14 days before your departure date. If you require delivery by any other service, it can be arranged and the cost will be added to you final invoice. We cannot accept any liability for late or lost tickets if normal post is used. If you wish to collect your tickets personally the tickets will be issued and held in our office 5 working days before the proposed collection date.

Should tickets become lost or stolen, it is necessary to complete an indemnity form to be passed to the airline. Some carriers are then prepared to issue replacement tickets immediately but may impose a fee for this. Other airlines require full payment to issue replacement tickets and will refund the amount paid for the original documents at a later date. Please be aware that this process may take up to 18 months.

Unused or partly used air tickets are to be returned to Different Tracks. We will return the tickets to the airline for authorisation and calculation of refund due. Any refund received back from the airline is then subject to loss of deposit and cancellation charges, unless advised differently at the time of booking. Please note that airline refunds for part-used tickets and the return half of tickets are always less than the pro rata rates and in some cases may have no value at all. Refunds can take up to 6 months in total. Some airlines may require proof of departure from the destination country or a residency certificate, before refunding part used tickets. Please ensure that when returning tickets for refund that registered post is used.

So as to ensure you benefit from the very latest special offers all of our tours are developed on a tailor-made basis. As such we will provide you with an individually prepared itinerary and quotation at the time of your enquiry. Prices are calculated using a monthly exchange rate. Different Tracks reserves the right to make amendments to the prices, subject to the rate of exchange in force at the time of final payment.

Prices of your arrangements are correct at the time of booking. However, the price of your holiday may be subject to surcharges on government action, aircraft fuel, over flying charges, airport charges and the like.

Please note that airfares and conditions are constantly changing, usually with little or no notice. Airlines are at liberty to change prices at any time up to the date of travel. However in practice airlines usually honour prices where tickets have already been issued. Full payment at time of booking or as soon as possible afterwards will significantly reduce the risk of an airline increase. We reserve the right to pass on any increases to airfares that are imposed before tickets are issued.

(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described on this invoice or in our brochure. If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. Subject to paragraphs (ii) and (iii) below our liability in all cases shall be limited to a maximum of 2 times the cost of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law or the law you have chosen under clause 1 above and subject to clause (iii) below.
(iii) The amount of compensation to which you are entitled 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. These terms are incorporated into this contract; and any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
(iv) Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk

If you have a problem during your holiday, please immediately contact your hotel, tour operator or other service provider involved. If this is not possible or satisfactory, please contact Different Tracks. We aim to answer as soon as possible but please remember time zone differences. Please ensure that you are fully aware of all visa & health requirements for your trip. Different Tracks does not accept any responsibility for any problem associated with the non-compliance by any person who fails to have the correct documentation for their trip.

If the problem cannot be resolved while you are away, please contact Different Tracks in writing within 28 days of your return, quoting your booking reference and all other relevant information and documentation. Correspondence will be automatically acknowledged and dealt with under the guidelines set by ABTA for responding to such complaints. Please bear in mind our need to investigate matters raised with suppliers or agents involved.

Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may (if the customer so wishes) be referred to arbitration under a special Scheme which, though devised by arrangements with the Confederation of Passenger Transport UK, is administered quite independently by the Travel Industry Arbitration Service. The Scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. (There is a time limit of 9 months from the date of return).

The airfares and air holidays shown on our web site are "ATOL protected" by the UK Civil Aviation Authority. Our ATOL Licence No. is 9153, and ATOL protection extends primarily to customers who book and pay in the U.K. For further information visit the ATOL website at www.atol.org.uk