1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Confirmed Booking: a Booking that has been accepted under clause 2.4.
Booking: the itinerary and quotation for the Services as set out in a booking form or any other such communication between You and Us.
Event Outside Our Control: is defined in clause 8.2;
Major Change: a change to the Services which changes the Services Commencement Date by more than 24 hours or deletes a substantial part of the itinerary;
Services: the services that We are providing to You as set out in the Booking;
Services Commencement Date: the date from which We provide the Services to You.
Terms: the terms and conditions set out in this document;
You: the customer making the Booking with Us.
We/Our/Us: Beiwei 55 Degrees Travel Limited, a company registered in England and Wales with the registered company number 09254539.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services You.
2.2 Please ensure that You read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before You confirm the Booking. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.3 When You submit the Booking to Us, this does not mean We have accepted Your Booking. Our acceptance of the Booking will take place as described in clause 2.4. If We are unable to supply You with the Services, We will inform You of this in writing and We will not process the Booking.
2.4 These Terms will become binding on You and Us when We issue You with a written acceptance of a Booking which We will also confirm in writing to You, at which point a contract will come into existence between You and Us.
2.5 If any of these Terms conflict with any terms of the Booking, the Booking will take priority.
2.6 We shall assign a Booking number to the Confirmed Booking and inform You of it when We confirm the Booking. Please quote the Booking number in all subsequent correspondence with Us relating to the Confirmed Booking.
3. CHANGES TO BOOKING TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) currency fluctuations; and
(c) an increase in insurance costs.
3.2 We may, without notice to the traveller, alter or substitute:
(a) Any route, method of carriage, carrier or accommodation or reservation without any liability whatsoever, provided that We give Our reasons for doing so and that such alterations shall neither increase the charge payable by You nor be of a lower standard than We have contracted to provide to You.
(b) In the event of a Major Change of Itinerary being required, You will be informed of such a change as soon as is reasonable practicable and offered a cancellation and full refund or transfer to another tour.
3.3 Please refer to clause 9 which provides information on your cancellation rights where a Major Change takes place.
3.4 If We have to revise these Terms under clause 3.1, We will give You notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9. Cancellation charges may apply as per clause 9.2.
3.5 You may make a change to a Confirmed Booking for Services by contacting Us. Where this means a change in the total price of the Services, We will notify You of the amended price in writing. Changes to a Confirmed Booking cannot be made less than 30 days from the Services Commencement Date. Please also note cancellation charges that may apply as per clause 9.2.
3.6 If You wish to cancel a Confirmed Booking before it has been fulfilled, please see Your right to do so in clause 9. Cancellation charges may apply.
4. PROVIDING SERVICES
4.1 We will supply the Services to You from the Services Commencement Date until the estimated completion date set out in the Booking.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We will need certain information from You that is necessary for Us to provide the Services, for example, suitable travel insurance and information regarding Your health. We will contact You in writing about this. If You do not, after being asked by Us to provide Us with this information, or You provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving You written notice. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked. If We suspend the Services under this clause 4.3, You do not have to pay for the Services while they are suspended, but this does not affect Your obligation to pay for any invoices We have already sent You.
4.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between You and us in writing to the Services. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.4 but this does not affect Your obligation to pay for any invoices We have already sent You.
4.5 If You do not pay Us for the Services when You are supposed to as set out in clause 6.3, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts (except where You dispute an invoice under clause 6.5). We will contact You to tell You this. This does not affect Our right to charge You interest under clause 6.4.
4.6 We will carry out the Services with reasonable care and skill. If you do not feel that we have done so, please see your right to raise a complaint under clause 5.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to repair or fix any defect.
5.2 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. PRICE AND PAYMENT
6.1 The price of the Services will be set out in the Booking.
6.2 These prices exclude VAT. However, if the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3 We will ask You to make an advance deposit payment of the price of the Services. Your rights to a refund on cancellation are set out in clause 9. We will invoice You in advance for the Services. Each invoice will quote the Booking number. You must pay each invoice in cleared monies within 5 calendar days at the date of invoice by online payment or bank transfer.
6.4 If You do not make any payment due to Us by the due date for payment, We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of Barclay’s Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.5 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 6.4 will not apply for the period of the dispute.
7. OUR LIABILITY TO YOU
7.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract.
7.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
7.3 We do not accept any liability for the services or facilities that are provided by any contractors that we may use from time to time as part of the Services.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, additional expenses, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. We will make every effort to provide as much assistance to you as possible in these circumstances.
8.2 An Event Outside our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside our Control affects our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with our cancellation rights in clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Where We are affected by an Event Outside Our Control, or if We change these Terms under clause 3.1 to Your material disadvantage. You may cancel any Confirmed Booking for Services without liability for payment.
9.2 In the event that You cancel the contract for Services for a reason other than an Event Outside Our Control or where We change these Terms under clause 3.1 to Your material disadvantage, the following cancellation fees will apply:
MULTI DAY TOURS
(a) More than ten weeks prior to the Services Commencement Date – loss of entire Deposit (as defined in the Booking);
(b) 70 to 42 days prior to the Services Commencement Date – 40% of the total Price;
(c) 41 to 15 days prior to the Services Commencement Date – 80% of the total Price; and
(d) less than 15 days prior to the Services Commencement Date – 100% of the total Price.
CITY WALKING TOURS – PRIVATE
(e) 30 days prior to the Services Commencement Date – 10% of the total Price;
(f) 14 to 29 days prior to the Services Commencement Date – 50% of the total Price; and
(g) less than 14 days prior to the Services Commencement Date – 100% of the total Price.
CITY WALKING TOURS – PUBLIC
(h) Public tours are non-refundable.
9.3 Any bank or third party payment fees incurred during payment will not be refunded. All refunds are also subject to bank/third party payment fees if required
9.4 In the Event that you wish to cancel as a result of a Major Change, this must be done so in writing within 14 days of the date that you are informed of the Major Change. Our liability is limited in such circumstances to a full refund of any sums paid by You at the point of cancellation.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 We may have to cancel a Confirmed Booking before the Services Commencement Date, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact You if this happens.
10.2 If We have to cancel a Confirmed Booking under clause 10.1 and You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.
10.3 We may cancel the Confirmed Booking at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when You are supposed to as set out in clause 6.3. This does not affect our right to charge You interest under clause 6.4; or
(b) You break the contract in any other material way and You do not correct or fix the situation within 14 days of us asking You to in writing.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a company registered in England and Wales. Our company registration number is 09254539 and our registered office is at Heath House, Barningham, Richmond, North Yorkshire, DL11 7DU. Our correspondence address is Suite 121, 7 Queensland Road, London, N7 7FG.
11.2 If You have any questions or if You have any complaints, please contact us. You can contact us by telephoning our customer service team at +44 (0) 7480 735 777 or by e-mailing Us at [email protected].
11.3 In the event that You wish to complain after the Services have been completed, you should do so within 28 days from the Services completion date.
11.4 If You wish to contact Us in writing, or if any clause in these Terms requires You to give us notice in writing (for example, to cancel the contract), You can send this to Us by e-mail, by hand, or by pre-paid post to Beiwei 55 Degrees Travelat Suite 121, 7 Queensland Road, London, N7 7FG. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Booking.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information You provide to us to:
(a) provide the Services;
(b) process Your payment for such Services; and
(c) inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
12.2 You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3 We will not give Your personal data to any other third party.
