1. The Nature of the Trips
Tribes specialises in trips run mostly in remote or developing areas. You must be aware of the possible dangers of this type of travel (e.g. limited medical facilities in some areas, mountain and river travel, non-standard accommodation), and that conditions can mean a greater risk of discomfort, sickness, theft, natural disaster etc. Standards of health and safety and local regulations are not what we expect in the UK. Recommendation or inclusion of an accommodation or service in our brochure, on our website, in an itinerary, or in any other promotional material, does not imply that this accommodation or service has been inspected by us, nor that it conforms to any particular set of health and safety standards. You travel at your own risk, and Tribes is not to be held responsible for any accident to you or your property, unless shown to be as a result of negligence by Tribes or our sub-contractors. Delays and unexpected cancellations can and do happen, meaning loss of time or changes of plan. Similarly our suppliers may withdraw facilities we have advertised as available, without letting us know in advance of your trip. It is not possible for us to guarantee sightings of any particular wildlife species nor any natural phenomena even where seeing such things may constitute the aim of the holiday.
We cannot be held responsible for such situations, nor are we liable for refunds. This is all part of this type of travel. The itineraries shown should be viewed as an aim rather than a definite objective as the need for flexibility is an important part of these trips.
2. Booking a Trip
In order to book your trip Tribes requires a completed booking form and deposit of 20% of the trip price (or a higher amount when requested) if booking more than 70 days before the start of your trip. You are advised to also pay for your flights in full at the time of booking (see ‘The price of your trip’ below). The balance is due no later than 70 days prior to your trip. Full payment is due if you are booking within 70 days of the trip. This may differ for some cruises and trips including certain lodges or at certain times of the year when full payment could be due up to 4 months before the trip. Certain arrangements are booked through overseas suppliers who may require an additional intermediate payment, a larger deposit, or for you to sign their booking conditions. If any of these variations to our standard terms apply to your trip you will be informed at the time of booking and your booking will not be accepted until such time as those terms or conditions have been accepted.
For the purposes of our cancellation policy any extra deposits, intermediate payments, or full payments for flights will be treated as ‘the deposit’.
The booking is confirmed only when we send written confirmation, at which point the deposit becomes non-refundable. If confirmation is not possible you will be fully refunded. No contract exists between Tribes and the Client until such time as the confirmation has been issued. You must check the details of services in the confirmation and advise us of any inaccuracy immediately, as it may not be possible to make changes later or additional costs may be incurred which we will have to pass on to you.
We reserve the right to refuse any booking at our discretion.
If the balance is not paid on time we reserve the right to cancel your booking, retain your deposit, and apply cancellation charges shown below as if you had cancelled the booking.
3. Special requests and services
Persons of reduced mobility, those with disabilities, people with dietary or medical requirements, or those wanting any special services must make us aware of their request before making the booking (or as soon as a condition or disability occurs, or changes, which may affect your holiday). Nearly all our holidays are tailor made and we need to discuss with you the specific requirements you have so that we can endeavour to get these in place or advise you if the holiday you are considering is suitable.
Even though special requests such as dietary requirements are now common in the UK, many of them are not clearly understood in the developing world. We will pass on all such requirements and in doing so will have properly performed our obligations under this contract. However we make no guarantee that your requests will be fully complied with locally and both parties enter into this contract on that understanding, even if we have confirmed to you that your special request has been passed on.
Where there is an issue which may have medical and/or health repercussions this must be disclosed and discussed in full and you must satisfy yourself that you are willing to take the inherent risk of your requirement not being fulfilled.
4. The price of your trip
a) Prior to making a booking, Tribes reserves the right to alter the price of any trip shown in our brochure, on our quote documents, or advertised on our website. You will be advised of the current price of your trip before your contract is confirmed.
b) Flight prices quoted are based on current taxes and known airline fuel surcharges at the time of making the booking. In order to secure these prices, flights must be paid in full at the time of making the booking. If you choose not to pay for them in full at the time of making the booking, then the quoted price is to be taken as an estimate and the overall package price is deemed to be on a ‘price to be agreed’ basis even though the quoted price appears on your confirmation invoice. We advise you to pay for your flights in full to secure your package price at the time of booking; it will then become a fixed price package subject to clause ‘c’ and ‘d’ below.
c) Once you have made your booking, it has been accepted and confirmed, and any ‘estimated’ prices have been updated to confirmed prices, your booking price is fully guaranteed and will not be subject to any additional surcharges, subject to clause ‘d’ below.
d) Price variations may occur in the event of alterations to the trip as per clause 6 or if refunds are due to you under any of the terms of this contract.
5. If you cancel your booking
If you decide to cancel your booking, this must be done in writing sent by recorded mail, by the person who signed the booking form. Cancellations by email will only be accepted if an acknowledgement is returned to you by Tribes. Cancellation charges will be applied based on the date we receive the letter or acknowledge the email.
|Days before departure:||Cancellation Charge:|
|71 or more||Deposit plus any payment made for flights.|
|70-51||60% of trip price plus 100% of payment made for flights.|
Where intermediate payments or earlier final payments have been requested due to the cancellation policies of our suppliers for the particular elements of your trip differing from our standard, payments already made will not be refundable.
Should one or more member(s) of a party cancel, it may increase the per-person holiday price of those still travelling.
You are strongly advised to buy cancellation insurance as soon as the booking is made to protect your deposit.
6. Altering your booking
Date of travel and destination cannot be altered. We will try to assist you if you need to make minor changes to your booked itinerary up to the date when full payment is required, however we will charge a fee of £50 per person plus any additional costs incurred. Any changes made after the date full payment is due will be treated as a cancellation and will be liable for the relevant cancellation charges shown above. Minor changes may not be possible. Certain travel arrangements (for example restricted flight tickets) may not be changeable after a booking is made without incurring 100% cancellation charges.
As mentioned above, should one or more member(s) of a party cancel, it may increase the per-person holiday price of those still travelling.
If you are unable to travel for a good and unavoidable reason (such as illness, death of a close relative, or jury service), you may transfer your booking to another person suggested by you, provided that the request for such a transfer gives us reasonable prior notice to make the arrangements for the transfer. This notice must be 7 days or more. The transferee must satisfy all the conditions applicable to the contract and must be a suitable person to participate in the booked arrangements. Both the transferor and the transferee will be jointly and severally liable for all outstanding payments due under the contract including transfer payments due under this condition. Transfer payments will consist of an administration charge of £50 per person plus any expenses incurred by us in effecting such transfer and as imposed by our suppliers. For example, for ANY variation, some airlines may require payment of 100% cancellation charges and the cost of a new ticket. The new ticket may only be offered by the airline at a higher price than that originally included in the package.
7. If we cancel your booking
We may occasionally have to cancel bookings. This is most likely to be due to lack of numbers. We reserve the right to cancel a trip up to 70 days before departure without compensation. Unless this is due to force majeure (see below), we will offer you either another holiday or refund all monies paid by you. If we have to cancel a trip at shorter notice we will also pay this compensation per person:
42-70 days before departure: £50
29-41 days before departure: £100
0-28 days before departure: £150
We will advise you at the time of booking if your holiday requires a minimum number of participants for it to run. If this number is not reached we are entitles to cancel it providing we notify you of the cancellation 70 days before departure.
We will not be responsible for any loss you incur as a result of our cancellation for services which you have not booked through Tribes. In this respect you should be particularly aware of the risks of booking your own flights for which we take no responsibility. Where cancellation occurs due to force majeure (see below) or lack of numbers, no compensation will be paid and we shall have no further liability to you.
8. Force majeure
We do not accept any liability for cancellations, changes to your holiday, or the performance of our contractual obligations where these have been affected or prevented by circumstances which amount to Force Majeure. These are events which we, or the suppliers of the services affected, could not foresee or avoid even with taking all due care. Force majeure events could include, but are not limited to, war, threats of war, riots, civil strife, natural or industrial disaster, acts of god, fire, terrorist activity and its consequences (including suspected terrorist activity and all action taken during any terror alert), industrial disputes, epidemic or health risk, technical problem to transport, closure or congestion of airports or ports, decisions by governments or national park or similar authorities, changes of schedules or operational decisions of air carriers, adverse weather conditions and similar events beyond the control of the parties.
9. If we alter your trip
We reserve the right to alter travel arrangements and itineraries at any time. Usually any necessary changes will be minor, in which case Tribes is not liable for compensation. Tribes is not obliged to notify you of such minor changes although we will try to do so. We will advise you of any changes that we believe will affect your enjoyment of the holiday and are fundamental to the contract. At the time of booking please advise us if there is any requirement which you believe is fundamental to your holiday so that we can advise you if any changes to that element occur.
Unless due to force majeure, if we make a significant change to your trip before full payment is due and you do not wish to accept the new arrangements, you are entitled to cancel the holiday and receive a full trip cost refund. You will also receive compensation for any inconvenience. If the significant change and subsequent cancellation occurs between 55-14 days before departure we shall pay you £30. If it is less than 14 days before departure, the sum will be £50.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and will be deemed a minor change. Minor changes also include a change between London or local airports and/or local connecting transport, a change in flight departure times of less than 12 hours, changes to aircraft type, a change to accommodation of equivalent standard, and changes to supplementary arrangements such as excursions.
A major change is a change of area only if this results in materially different facilities and/or expected experience or a change to a lower grade accommodation for a substantial part of the holiday. (Substantial is defined as 25% or more of the nights spent in the destination country, subject to clause 11 note for Galapagos). All other change is minor.
Cancellations & Amendments note:
If a significant change or cancellation is due to force majeure we regret that no refunds can be made to you (unless we obtain refunds from our suppliers – which we will endeavour to obtain), nor can we pay you compensation nor meet any costs you have incurred. Such expenses may be recoverable from your insurance depending on the circumstance.
Flight times are provided by airlines and are subject to change because of such matters as air traffic control restrictions, weather conditions, baggage handling delays and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. Tribes Travel Ltd will not be liable if a flight is delayed. Under EU law (Regulation 261/2004) you may have rights to 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 are available from the airline. If your airline does not comply with these rules you should refer the matter to the Civil Aviation Authority on 0207 453 6424 or www.caa.co.uk.
Reimbursement in such cases will not entitle you to a refund of your trip cost from us. If any payments to you are due from us, any payment made to you by the airline will be taken into consideration and deducted from the amount.
In the event of a delay airlines generally provide refreshments, meals and accommodation as they deem appropriate. You may also be entitled to claim under the flight delay section of your travel insurance policy.
If a flight is cancelled and the airline offers an alternative flight Tribes will endeavour to amend your itinerary to fit in around the new flight arrangements. However, any services missed will not be refunded and you will be responsible for the costs of any new arrangements made by us or our overseas suppliers on your behalf.
As between you and any individual airlines, the airline’s standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international conventions.
Loss and delay of baggage is a regular occurrence on airlines and Tribes does not accept any responsibility for the value of the baggage or the consequences of its loss or delay. You are advised to take out adequate baggage insurance.
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 who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en
In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
11. Changes during your trip
Occasionally an itinerary may need to be altered during the course of your trip due to force majeure (see previous examples) including acts of God (such as flooding, volcanic eruptions or other natural phenomena). In these circumstances, as with cancelled and delayed flights, Tribes will endeavour to amend your itinerary accordingly. However, any services missed will not be refunded and you will be responsible for the costs of any new arrangements made by us or our overseas suppliers on your behalf. See also clause 11 below.
Special note on room requests:
Occasionally an itinerary refers to a specific room in an accommodation or a specific cabin. Tribes will endeavour to provide the requested accommodation and we are often able to indicate in advance that these have been allocated to you. However, even when we have confirmed the arrangements this is done in good faith but is not a guarantee that the specific room or cabin will be available. Hoteliers and boat operators reserve the right to re-allocate rooms and cabins and this is beyond the control of Tribes. We accept no liability if your specific request is not met other than to refund any difference in value should there be one where the room or cabin provided is in a different price category to the one requested and confirmed to you.
Special not on guides:
We reserve the right to substitute any named guide, guest lecturer or other escort with an alternative qualified person and this will not be deemed to be a major change to your arrangements.
12. Travel delay:
Where long flight delays or missed connections result in lost holiday time we are unable to offer any refunds for unused services or accommodation. These delays, as well as other delays such as but not limited to those caused by bad weather conditions, could result in additional services being needed and additional costs being incurred. These costs would be your responsibility and we accept no liability. In such an event you may be able to claim all or part of your loss from your travel insurance.
On very rare occasions an accommodation, be it a yacht, lodge, hotel or camp, will make overbookings. If this occurs, and we are not aware of it in adequate time before your departure, Tribes and our local suppliers will make every effort to provide an alternative of a similar and comparable standard if available. If the only alternative accommodation available can be reasonably considered as inferior to the original booking, then Tribes will refund you with any difference in price between the two accommodations and will further compensate you with a sum up to 5% of the original trip price proportional to the number of nights affected. An overbooking is where our immediate supplier has confirmed the accommodation to us and this is subsequently unavailable for any reason; the accommodation cannot be re-booked as there is no longer availability.
14. Public Holidays, festivals and events:
Public Holidays, festivals and local events such as, but not limited to, weddings, private parties, conferences or visiting dignitaries sometimes have an impact on local services and travel arrangements. This may result in hotel facilities being much busier than usual, additional demand on hotel staff and services and higher than expected noise levels. There may be closures of certain sites, shops and other facilities, and the imposition of route diversions. We have no control over these events and it is not possible for us to guarantee to forewarn you of specific details that may be relevant to your holiday or to accept any responsibility or liability for the disruption, delay or inconvenience that may be caused.
15. Local communications
We are increasingly finding that the provision of Wi-Fi is becoming available even in the most remote and unexpected places. However we also find that such services may be unreliable. We therefore offer no guarantee that Wi-Fi and mobile signal will be operative even where we have indicated that it should be available. The services may be limited and not available in guest rooms even where it is available in some part of the public spaces at the property. In all cases no compensation or refund will be paid in the event that it is not available for whatever reason.
It is a condition of booking that all persons are adequately insured for the holiday. Travel Insurance should include cover for your baggage, loss of money, cancellation or curtailment, personal accident, and medical expenses and costs of repatriation up to £2 million (inc. international medical emergency service and air ambulance service). We strongly recommend you consider using the travel insurance policy for which we provide a website link, through specialist Insurance Brokers Campbell Irvine, which is ideally suited to these holidays. But it is your responsibility to ensure the insurance you arrange is adequate for your requirements. We will require your policy number and the 24hr medical emergency contact number of the insurers so that in the event of a medical emergency we may be able to contact the insurers on your behalf. If, at the time of travel, you have failed to provide us with your insurance details or adequate proof of insurance we reserve the right to refuse you travelling with Tribes and may treat this as a cancellation by you.
17. Official entry and health requirements
We can offer guidance regarding such matters as visas, vaccination certificates and passport requirements for your trip applicable to British passport holders, but you are ultimately responsible for ensuring that you have correct documentation, and that you take all necessary health precautions before and during your trip. See our Booking Information document for further guidance. You may need visas for countries where you are transiting by way of connecting flights. Your passport must be valid for at least six months after your return to the UK.
You should pay particular attention to entry requirements for children if you are travelling with children, as some countries require additional documentation in its original form – not photocopies.
Non-British passport holders and non-British citizens must check passport and visa requirements with the embassy or consulate or the destination countries.
Tribes cannot accept responsibility for any costs caused by non-compliance in this matter which may result in your being unable to travel.
18. International Driving License
It is your responsibility to ensure that you have the correct driving license documentation for any vehicle you intend to drive whilst on holiday. This should include a photo style license plus any relevant supplementary international or local permit required by the country you are visiting. Tribes cannot accept responsibility for any costs caused by non-compliance in this matter which may result in your being unable to drive.
19. Joining the trip
You are responsible for getting yourself to the departure point of the trip on time.
It is your responsibility to observe local laws, customs and community rules so as not to commit an illegal act nor to cause offence. The guide or supplier representing Tribes at any point has full authority on the trip. If you commit an illegal act or behave offensively, are under the influence of drugs or alcohol, or act in a way which is detrimental to the safety or welfare of your fellow group members, other holiday makers, or local people, your guide may ask you to leave at any stage. We would no longer be liable for any such person and no refund would be due.
You must not do or permit to be done anything which might lead to damage, soiling or seizure of any property, including, but not limited to, accommodation, cruise vessels or transport. You will be responsible for the costs or rectifying any such damage and the costs, including legal costs, of releasing such property back to its rightful owners or keepers.
We draw your attention to restrictions concerning the import of food items which cannot be brought into the EU (including the UK), from outside the EU. For details please see https://www.gov.uk/guidance/personal-food-plant-and-animal-product-imports
If you have cause for complaint on the trip, the guide or local supplier should be told immediately so that they have a chance to remedy the problem. Failure to complain on the spot will mean your ability to claim compensation from us will be extinguished or reduced. If the problem is not solved, write to us within 14 days of the end of the trip detailing the complaint. No complaint will be considered if written notice is not given within this time. We will acknowledge and investigate your complaint, and report to you as soon as possible. Please bear in mind that many of our suppliers’ communications can be slow.
Disputes which cannot be settled amicably may be referred to the low cost AITO’s Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking form, or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.
22. Children and Infants
The risks of taking children on a trip are entirely the responsibility of the adults accompanying them.
23. Our liability
If the contract with you for your trip is not performed or is improperly performed by Tribes or our suppliers we will pay compensation if this has affected the overall enjoyment of the trip. We are not responsible where the failure arises from your own actions or those of a third party not connected with the services we have agreed to provide, or are due to Force Majeure as set out above. Compliance with applicable regulatory requirements will be deemed to be proper performance of Tribes’ and its suppliers’ obligations.
Tribes liability (except in cases involving death injury or illness) shall be limited to a maximum of two times the price you have paid for your trip.
Tribes liability will also be limited and subject to:
- The Conditions of Carriage or other terms and conditions applicable by our transport suppliers all of which are deemed to be incorporated into these conditions; and
- Any relevant International Convention applicable to travel arrangements including, but not limited to, the Montreal Convention and/or the EC Regulation on Air Carrier Liability No. 889/2002 (for Air carriage); the Athens Convention 1974 (carriage by sea) the Berne Convention 1961 (for rail travel) and the Paris Convention (for accommodation). All of these Conventions limit liability and the amount you can recover for death; injury; loss, damage and delay to baggage. Tribes has the benefit of the limitations of these conventions, or any other International Conventions applicable to your trip.
- Any compensation amount from Tribes will take into consideration any sums received by you directly from suppliers, such as from airlines, which will be deducted from the amount paid by Tribes. In the case of circumstances covered by the Denied Boarding Regulations the monies paid by the airlines will be your full entitlement to compensation for all matters following on from the airlines actions.
- If you choose to issue court proceedings in respect of a claim against Tribes you must do so within 2 years of return from the holiday or within 2 years of first discovering the matters giving rise to the claim if this is later. If you do not, then Tribes’ liability to you will be limited in all cases to a sum of £100.
- For all 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 amount paid for your holiday. This maximum amount will only be payable where your holiday has failed in its entirety and you have not received any benefit at all from your holiday.
- 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 being properly provided and no compensation or refund will be due.
Please note:- (a) The information in our sales literature and website has been compiled with all reasonable care and is accurate to the best of our knowledge. However suppliers in the locations we feature may withdraw advertised facilities (e.g. swimming pool or restaurant) for maintenance or low bookings without advising us of this. If we are advised we will try to let you know if there is time to do so before your departure. Such withdrawals of facilities are minor changes under these conditions. Representations made by our suppliers such as hotels on their own websites are not made on behalf of Tribes and we accept no liability for these.
(b) Where a claim is due to the act or omission of our suppliers or subcontractors, our acceptance of liability is subject to you assigning to us your rights against them, and also cooperating with us in any legal action we wish to take against them
(c) Tribes responsibility is only in respect of the services we are contractually obliged to provide. We are not responsible for the performance of services you may purchase locally, such as excursions, car hire and other activities purchased by you during your trip.
(d) Tribes does not accept responsibility for any failure, loss, death or injury attributable to unforeseen or unavoidable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised, or any event which neither Tribes nor its suppliers could have foreseen or forestalled.
(e) Tribes does not accept any responsibility for acts or omissions of a third party not connected with the provision of your holiday.
All matters concerning the booking are subject to English law and the exclusive jurisdiction of English courts.
25. Your Financial Protection
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 may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Tribes Travel Ltd and in the event of their insolvency, protection is provided for the following:
- non-flight packages;
- flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU * ; and
- accommodation only bookings.
* Please note that flight inclusive packages that commence within the EU but outside of the UK will continue to be covered by ABTOT until the renewal of Tribes Travel’s ATOL number 5802 in September 2018 in accordance with the transition period authorised by the Civil Aviation Authority.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Tribes Travel.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
Our ATOL number is ATOL 5802 and our ABTOT number is 5227.
26, Data Protection
Tribes Travel Ltd is a company registered in England and Wales with company number 3490816. Registered Office: The Old Dairy, Wood Farm, Ipswich Road, Otley, Suffolk IP6 9JW
VAT No. 700 3702 91
Tel: 01473 890499
Fax: 01473 890592 1st July 2018