Terms & Conditions...

Aston Garcia Tours provides its services on the following terms and conditions. Please read the document carefully as you are bound by the terms and conditions herein set out following the circumstances listed in condition 2.

We suggest that before you sign the Quotation or complete Website Confirmation you read through these terms and conditions. If you have any questions concerning them please ask us.

You should keep a copy of these terms and conditions for your records.

The meaning of some words used in these terms and conditions:
‘we’, ‘us’ or ‘our’ is a reference to Keith Parkin and Joan Parkin trading as Aston Garcia Tours,
‘you’ or ‘your’ is a reference to the person to whom we are providing our Services and who is required to pay for the services we provide;
‘Parties’ is a reference to both us and you;
‘Country’ means the Country where we will provide make the Arrangements; and
‘Arrival’ Means the date in which you enter the Country from the UK
'Quotation’ means the quote supplied to you at the time of booking, which will include the price for the services as well as an appendixed non-definitive list of the Services and package offered to you
‘Arrangements’ means the arrangements for travel listed in the Quotation and Website Confirmation. The whole of the Arrangements combined to be known as ‘the package’
‘Price’ means the price of making the Arrangements contained in the Quotation or Website Confirmation
‘Website Confirmation’ booking via our website [www.astongarciatours.com]

Entering into a legally binding contract

A contract between you and us will come into being when:

1. You sign the Quotation or complete the Website Confirmation, and
2. We notify you that we have received Deposits from more than 8 people wishing to travel at the same time.

2.2 Prior to the contract coming into being, you can request the return of your deposit at any time prior to us fi nding 8 people who wish to travel at the same time. We will return the deposit as soon as possible and cease finding a suitable date for travel for you altogether.

2.3 By making a website Confirmation or signing a Quotation you are confi rming that you are 18 or over and have authority to accept these terms and conditions.

3 Making the Arrangements

Once a package has been booked by you through us, we confi rm our role as an organiser for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992.

3.2 Once the contract between you and us comes into being these terms and conditions become binding on the Parties we will make the Arrangements in consideration of the payments listed in condition 4. Any Arrangements relating to excursions or accommodation will not be made until the full balance of the Price has been paid to us.

3.3 You must advise us immediately if any of your personal details listed in the Quotation or Website Confi rmation are incorrect. Any failure to do so will not be the fault of us and we will accept no liabilities for such failure.

3.4 The Quotation or Website Confirmation does not include a date of travel. This will be arranged between those wishing to travel in accordance with condition 4.

3.5 We will ensure that one of our employees will be with you during all of the excursions listed within the Arrangements to ensure the smooth running of the package. All Arrangements (subject to change) will have been arranged prior to Arrival and any further excursions offered by the employee will be subject to his discretion and payment will be required at the rate agreed between the employee and you. If you wish to make a complaint during the package, you should contact the employee as soon as possible, who will try to resolve the complaint at the earliest possible opportunity.

3.6 Any brochures or other advertising or information supplied to you prior to booking is for information purposes only and no warranty is given that the items listed in such literature will form part of the Arrangements.

4 Price, deposits and payment

4.1 Deposit

4.1.1 The deposit amount for most of our packages is the cost of the internal fl ights as listed in the Quotation or Website Confirmation plus the sum of 10% of the remaining balance of the Price. Once we receive deposits from more than 8 people who wish to travel we will agree a date for travel between you and the other travellers. Should we be unable to obtain 8 travellers wishing to travel at a specified date within 3 months of taking your booking, your deposit will be returned and our contract with you cancelled unless we agree otherwise.

4.1.2 Upon successful agreement between the parties of the Arrival date you will be sent confirmation and the due dates for payment of the remainder of the Price. On successful agreement between the travellers of the Arrival date the deposit ceases to be refundable unless in accordance with condition 7.3 or 7.1.2 as internal flights will need to be booked by us, payment of which is non-refundable.

4.2 Price

4.2.1 The total sum of the Price will be that agreed at the time of booking between the parties and listed in the Quotation or Website Confirmation

4.2.2 The total balance of the Price must be received by us no later than 90 days prior to Arrival or at the time of payment of the deposit if Arrival is less than 90 days from the date of booking.

4.2.3 The Price is subject to;

a) surcharges if any increases in transportation costs occur,
b) taxes,
c) landing taxes and disembarkment fees,
d) and currency fluctuation.

If for any reason the price of the package fluctuates by more than 20% you will have the same options as those listed in condition 7.1.2.

No increase in the Price will be made 30 days prior to Departure nor if the increase is less than 2% of the overall Price.

4.2.4 The prices quoted are inclusive of VAT only where specified.

4.2.5 On receipt of the total balance of the Price we will begin to fi nalise the Arrangements and provide confirmation of payment of the Price.

4.3 If you do not pay when required to If you fail to make any payment on the agreed dates we will cease making the Arrangements. Should any payment be more than 14 days late, we reserve the right to cancel your package whereupon we will charge the cancellation charges listed in condition 6.2.

5 Confirmation of Arrangements

Once all of the Arrangements have successfully been arranged with the suppliers, we will advise you of the same by providing you with written confi rmation of the final travel arrangements.

5.1 Your Financial Protection

When you buy an ATOL protected air holiday package from Aston Garcia Tours you will receive a Confirmation Invoice from us confirming your arrangements and protection under our Air Travel Organiser's License number 10179.

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

6 Cancellation by you

6.1 You may cancel your package at any time. To cancel your package you should contact us by writing immediately as cancellation will only be effective on receipt of such written confirmation.

6.2 If you cancel your booking within 90 days of Departure the following cancellation charges will occur as we will be required to pay third parties in making the Arrangements;

Days before Arrival; Charge;
More than 90 days; Deposit plus 10% of the remaining balance of the Price
90 days to 46 days; 50% of the Price
46 days to 0 days 100% of the whole Price

6.3 Once the package has commenced, should you decide to discontinue, no refund will be payable.

6.4 Please note that certain travel insurance polices include cover for loss of deposit and cancellation fees. Please refer to your insurance provider when taking such cover.

7 If we change/cancel your trip

7.1 Accommodation

7.1.1 Any minor changes we make in the accommodation will be notifi ed to you as soon as possible. Minor changes are those changes in accommodation from the place listed to a place:

a) in a similar region of the Country, and/or
b) to a place of similar quality, and which does not signifi cantly affect the package as a whole. We reserve the right to make any minor amendments to the accommodation.

7.1.2 Any significant changes to the accommodation listed in the Arrangements will also be notified to you as soon as possible. Significant changes are those changes in accommodation from the place listed to:

a) a place in a different region of the Country, and/or
b) is of a different quality, and which signifi cantly affects the package as a whole.

Should a significant change occur we will offer you the following choices;

7.1.2.1 accepting the changed arrangements,

7.1.2.2 accepting a different package (if we are so able to offer) to be arranged for a different date of Arrival. The package will be of a similar quality to the original package (or if a package of a lower quality is offered, you can accept the lower quality package plus a refund of the difference between the Price previously paid and the price of the lower quality package), or

7.1.2.3 declining the changes and cancelling your booking with us whereupon we will repay all of the Price paid by you providing you notify us of your desire to cancel the package within 7 days of notifi cation of the changes.

7.1.3 Should any minor changes be made or should you accept any signifi cant changes to the accommodation, any increases in the Price will be payable by you and will form part of the balance that must be paid within 90 days of Arrival (or is payable within 1 week of notifi cation if less than 90 days prior to Arrival). Should the Price be reduced, we will refund such difference to you within 7 days or reduce your balance owing to us accordingly. Any changes to the Price as a result of any changes in the accommodation will be notifi ed to you when you are made aware of the necessary change. Terms and condition on which Aston Garcia Tours provides its services to consumers

7.1.4 The above condition 7.1.3 is made subject to the following. In respect of minor changes;

7.1.4.1 the only additional charges you are liable for will be

a) the transport costs (including the costs of fuel),
b) taxes and embarkation and disembarkation fees, and
c) the exchange rates applied to particular packages,

7.1.4.2 no increase to the Price will be made within 30 days of Arrival, and

7.1.4.3 you will not be liable for any increase in the Price which is less than 2% of the overall value of the Price.

7.2 Excursions and Transfers/Travel

7.2.1 The excursions listed in the Arrangements and any itineraries we provide should only be taken as an indication of the type of package we intend to offer and not as a contractual obligation on our part. We reserve the right to make any alterations to the excursions, transfers or internal travel and amenities if, in our reasonable opinion, it is necessary to do so for aspects of health and safety or to ensure satisfactory progress of the trip. By agreeing to the package you accept that we can be flexible in running of the package and can amend the excursions, transfers and internal travel when and as we deem appropriate, and will not be liable for any delays, inconvenience, discomfort or disappointment caused as a result of such amendments. Any changes in the travel or the excursions will be deemed to be a minor change for the purposes of clause 7.1.3.

7.2.2 Should you decide not to complete any of the excursions offered, we are not liable to supply additional excursions or supply any refunds or any other services for the times in which you are not present with the group.

7.3 If we cancel the package If the package is cancelled by us you will have the following options;

7.3.1 a full refund of all of the Price pad by you to us,

7.3.2 to take a further package of equivalent quality if we are able to offer the same, or

7.3.3 to take a package of lower quality and:

a) if the full Price has been paid, to recover from us the difference between the Price paid and the price of the lower quality package, or
b) if the full Price has not been paid, a reduction in the balance of the Price owing.

7.4 Compensation

If the original package is cancelled in accordance with condition 7.3 or 7.1.2 you will be entitled to the following compensation;

Days before Arrival; Compensation
More than 90 days; £20
90 days to 46 days; £35
46 days to 0 days £50

7.5 Your Right to Transfer the Package

7.5.1 Providing that the person to whom you transfer the package to is suitable and approved by us 14 days prior to Arrival, and

7.5.2 all of the Price has been paid, you are entitled to transfer the package to any person.

8 Insurance

You must arrange travel insurance for the full duration of the package. You must ensure that the insurance cover is adequate and appropriate for the package and all of the excursions as well as your personal needs and medical requirements. You must provide us with details of your insurance policy (policy number, insurer and point of contact) prior to Arrival. It is your responsibility to arrange adequate and suitable insurance and we will not review your policy.

Any loss of personal property or valuables is not the responsibility of us and insurance to cover such losses is highly recommended. Any insurance advice provided by us is given in good faith to the best of our knowledge and we will not be liable for any failure by you to obtain adequate and suitable insurance regardless of the advice provided. You must contact an appropriate insurance provider well in advance of Departure for insurance advice.

9 Flights and Transfers

9.1 The package does not include external flights to and from the Country but does include internal flights where listed in the Arrangements. It is your responsibility to arrange such external fl ights well in advance of Arrival and to provide us with the flight details 90 days prior to Arrival. Should we not be provided with such flight details 90 days prior to Arrival, we reserve the right to cancel your booking and retain any monies held. We will not be liable for any costs, damages or refunds due to your failure to arrange such external flights or for the delay or cancellation of such flights.

9.2 Any changes to external flights will be advised to us as soon as possible.

9.3 The package includes, where listed, a meet and greet service at the airport upon your arrival. Should your flight be delayed or cancelled, or should you arrange alternative flights and not advise us, and additional transfer arrangements need to be arranged to meet up with the rest of the travel group, you will be liable for such additional costs and arrangements. We will endeavour to assist in arranging the transfers where we are able. Any of the Arrangements that you miss as a result of such delays will not be subject to refunds.

9.4 Should any internal flights or transfers have specific rules relating to travel, you will ensure your abidance with such rules. If public transport is used during the package we cannot be held responsible for its standards, nor liable for any damages, loss or injury incurred during its use.

10 Health and Travel

10.1 Prior to departure you should;

10.1.1 visit you local GP to obtain any medication or prescriptions you require and what vaccinations you require for travelling to the Country ensuring they are administered in advance of departure. We will provide general advice and information about health formalities only. Due to some of the Arrangements taking place at high altitude, we advise that you seek medical advice prior to travelling as a matter of course.

10.1.2 obtain any necessary equipment you require such as mosquito nets,

10.1.3 check all travel advice relating to the Country including that issued by the British Foreign and Commonwealth Office, and

10.1.4 obtain all necessary VISA’s and other documents (including a valid passport) necessary to enter the Country.

10.2 All advice given by us in relation to those matters listed in condition 10.1 is given in good faith to the best of our knowledge at the time. We bear no responsibility as to such matters regardless of whether we have provided such advice.

10.3 It is your responsibility to advise us of any medical conditions you may suffer from well in advance of Arrival. We reserve the right at any time to require you to produce a doctor’s certificate confi rming you are of suffi cient health to take part in the Arrangements. Should we become aware of a condition that might affect your or other people’s enjoyment of the package, we reserve the right cancel your booking and apply the charges listed in condition 6.2 should we be unable to meet your special requirements as a result of your condition. The Country may involve excursions to places of high altitude and as such it is vital that we are advised of any medical conditions.

10.4 We cannot accept liability, or consider any refunds, if you cannot travel due to any of your travel documents being incomplete or incorrect nor should you be advised by you GP that you are unfi t to travel or participate in the package.

10.5 If you break the terms of any VISA you will not be entitled to a refund or any alternative packages as a result of being detained or returned to the UK.

11 Our Liability to you

11.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.

11.2 Subject to condition 11.1:

11.2.1 We will only pay compensation if the Arrangements made have not been made by us or our employees with reasonable skill and care and consequently such failures have significantly affected your experience and enjoyment of the package. We will not pay compensation if the package is cancelled by due to reasons beyond our control.

11.2.2 We will not be liable for any claim or refund arising out of the following,

11.2.2.1 any fault of the person affected or any other member of the travelling party,

11.2.2.2 any fault of any third party unconnected with the provision of any of the Arrangements

11.2.2.3 circumstances which may affect the Arrangements through no fault of our own including; war, act of god, terrorism, fire, sickness, bad weather, acts of government, cancellation of internal flights

12 Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:

12.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or

12.2 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.

Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England

15 Complaints

15.1 Should you feel you have reason to complain during the package, you should contact our representative who is based in the Country with you who will endeavour to deal with the complaint during the package.

15.2 Any complaints raised prior to or following the completion of the package, should be referred to Joan and Keith Parkin at Tees View, Ovington, Richmond, North Yorks, DL11 7BW. We will endeavour to respond to all complaints raised within 28 days of receipt. Any complaints raised in respect of our suppliers will be forwarded directly to the supplier.