APRIL 14, 2020
Thank you for visiting www.barefootjourneys.com.ky. This site is owned and operated byBarefoot Journeys Ltd (“Barefoot Journeys”).
When you make a booking with Barefoot Journeys, your contract is with BarefootJourneys Holdings Ltd trading as Barefoot Journeys Ltd. In these terms and conditions“we” “us” or “our” mean Barefoot Journeys Holdings Ltd trading as Barefoot Journeys Ltd and they form the basis of your contract with us. Please read them carefully as they are legally binding.
Our bookings are tailored to your requirements and so bookings are subject toavailability. Before a booking is confirmed, you will be sent an email inviting you to review full details of your service. Once you have confirmed to us that you are happy with the proposal, we will proceed to take payment and booking confirmation will be issued and sent to you. If you are booking a travel service please check that all names are the same as the relevant passport as well as that dates and timings and all other elements of your trip are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.
A binding contract between us and you (the lead name on the booking) is only formedwhen we issue you with our booking confirmation after having received payment from you, in cleared funds, of either the required deposit or the full price of your holiday(depending on when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.
2. PRICE AND PAYMENT
We reserve the right to alter the prices of any trips shown on our website or set out in our written proposal to you at any time before your booking is confirmed. You will be advised of the current price before your booking is confirmed. Prices quoted are KYD.
The price of your experience is inclusive of taxes and where applicable, all additional fees and charges and other costs. Where any costs cannot be reasonably calculated by us in advance of the conclusion of your contract, we will give you an indication at the time of booking of the type of additional costs which you may still have to bear.
Please note that all payments taken on debit or credit card will be taken in KYD and so if you are a customer whose payment card is not denominated in KYD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. To avoid this we can accept payment in USD by bank transfer and can specify the exact amount required for payment in the specified currency.
In all cases, in order to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of the service you are booking and will be confirmed to you before you book. Where bookings include flights with airlines that require full payment in advance of booking, the full price of the flight(s) will be included in the booking deposit and will be chargeable in the event of cancellation as a cancellation fee (see below). The balance payment is due 12 weeks in advance of the intended departure date. If the booking is made less than 12 weeks before departure, the full price of the trip will be payable on booking. Your booking confirmation will advise you of the payment terms and the balance due. If, following the payment of a deposit at the time of booking, any balance remains unpaid within 12 weeks of the intended departure date, we reserve the right not to issue travel documentation and treat your booking as cancelled. In such circumstances cancellation charges will be applied as set out in Section 6 below. Surprise trips need to be paid in full at the time of booking.
Payments must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred. Payments can be made by cheque, bank transfer, debit or credit card. In all cases, a booking will not be confirmed until we are in receipt of cleared funds. For your peace of mind, all card payments are encrypted using the internationally accepted security system, SSL.
It is recommended when booking travel that you take out a comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.
4. PASSPORTS, VISAS AND HEALTH FORMALITIES
We will provide you with general information relating to passport, visa and health formalities relevant of the destinations included in your trip, including approximate periods for obtaining visas. Most countries now require passports to be valid for at least 6 months after your return. Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health formalities for the destination concerned. We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health formalities.
Whilst we make every effort to ensure that the information on our website is accurate and not misleading, it may have been published many months before your travel experience takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. We will confirm all details of your experience in your booking confirmation. For changes that we may make after we have issued your booking confirmation, please see Section 6 below.
6. AMENDMENT, TRANSFERS AND CANCELLATION BY YOU
Any cancellation or amendment request must be sent us in writing to our postal address or by email to firstname.lastname@example.org and will not take effect until received by us.
If after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but, subject to your right to transfer under the following paragraph, we cannot guarantee that this will always be possible. Any request for changes must be in writing from the person who made the booking. You may be asked to pay an administration charge of $50 in addition to the costs we incur in making those amendments. If we are unable to make the amendments and you decide to cancel, we may require you to pay us cancellation charges in accordance with Section 6(c) below.
You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract. We must receive at least 7 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. We will also charge an amendment fee of $50 for any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs.
Please note that in many cases, scheduled airlines apply 100% cancellation charges and will not permit name changes or other booking alterations to be made (accordingly they may treat a transfer as a cancellation and re-booking).
If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.
You, or any member of your party, may cancel your travel arrangements at any time before the start of the trip. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you.
Cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. Cancellation charges represent our reasonable costs of terminating your contract based on the time of termination of the contract before the start of the trip and the expected cost savings and income from alternative deployment of the travel services where available.
If you cancel your trip more than 12 weeks before your intended departure date (i.e. before the balance due date), the cancellation charge is likely to be the amount of your deposit (including any increased deposit payable as a result of the booking of scheduled flights, see above) although it could be more. Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking and you should contact us as soon as possible. Cancellation charges for your trip can be confirmed to you on request at any time including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation.
Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider. If you have booked your travel insurance through us we will contact the insurance provider on your behalf where possible.
In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party (see above). This will be the case regardless of which members of the party make the deposit and balance payments for the booking. All refunds will be paid within 30 days of cancellation.
Cancellation charges will not be applied where you cancel due to Unavoidable and Extraordinary Circumstances (as defined in section 7(c) below) occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the trip or your transport to the destination. In this event you will be entitled to a full refund of any payments made for the trip but will not be entitled to any additional compensation.
7. AMENDMENTS AND CANCELLATION BY US
(a) Amendments before departure
We may have to make amendments to your proposed trip and may do this at any time and we will advise you of any changes that affect your booking before we issue the booking confirmation.
Occasionally, it is necessary for us to make changes after your booking has been confirmed. We are entitled to make minor changes to your booking provided that we inform you.
If, before the start of the trip, we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services or cannot fulfil your special requirements that we have accepted in your booking confirmation, (“Significant Change”), we will notify you as soon as possible. Within the period that we shall specify in the notice, you may either: (i) accept the proposed changes; or (ii) terminate the contract without paying a cancellation charge.
If you choose to terminate your contract, you may accept a substitute package where we are able to offer this to you.
Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you are entitled to an appropriate price reduction.
If you terminate the contract and do not accept a substitute package, you will be entitled to a full refund within 30 days after the contract is terminated.
(b) Cancellation by us
Whilst we hope we will never have to cancel your trip, this is very occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better quality. If we can only offer a lower quality trip, we will offer to give you an appropriate price reduction. If we cannot offer you an alternative travel experience, we will give you a full and prompt refund of the price of the trip.
(c) Unavoidable and Extraordinary Circumstances
Unavoidable and extraordinary circumstances means a situation beyond the control of a party the consequences of which could not have been avoided even if all reasonable measures had been taken by that party (“Unavoidable and Extraordinary Circumstances”). Unavoidable and Extraordinary Circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), serious security problems such as riots, civil disturbance or unrest due to political instability or terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, significant risks to human health such as outbreak of serious disease at the travel destination including global pandemics, natural or nuclear disaster, fire, flood, drought, earthquake, or adverse weather conditions (actual or threatened) and the Foreign & Commonwealth Office advising against travel to a particular destination.
We will always provide you with appropriate assistance without undue delay if you are in difficulty. This will include providing appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. We may charge you a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to your departure. Please ensure you contact airlines at least 72 hours before your outbound flight. You should take note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
10. IF YOU HAVE A COMPLAINT
If you perceive any lack of conformity during your trip, please inform our representatives or the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us so that we can remedy the problem and make any alternative arrangements that may be necessary. If the problem is still not resolved upon your return, please email us within 30 days of your return on email@example.com, giving your booking reference and other information. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred and this may affect your rights under this contract.
11. SPECIAL REQUESTS
Whilst we will endeavour to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms and will pass any special requests to the relevant supplier. However, we are unable to guarantee compliance with such requests and are not liable for any loss suffered in the event of such requests not being complied with.
12. EXCURSIONS AND ACTIVITIES
Where excursions and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of the package contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions and activities as part of your contract.
Any excursions and/or activities that you decide to purchase at any time from a local supplier or third party once your trip has commenced, will not form part of your contract with us. Your contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion or activity.
13. DATA PROTECTION
In order to enable us to process and fulfil your booking, we will ask you to provide us with personal information including name, address, email address, telephone number, details of group members that are travelling, we well as any special needs, health, medical, mobility or dietary requirements.
In order to ensure that your holiday is appropriate for your specific needs that you have disclosed to us, for example, a medical condition or reduced mobility, we or the suppliers of your travel arrangements may require further details. We will ask for your explicit consent to collect and share this information as necessary with the suppliers of your travel arrangements in order to fulfil your booking.
We may pass personal information that you provide to us (including health and mobility information as explained above) on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and local tour operators and destination management companies as necessary to fulfil your contract.
In order to process and fulfil your contract, your personal information may also be provided to public authorities such as customs and immigration, security and/or credit checking companies, credit and debit card companies and government and enforcement agencies if required by them in order for us to fulfil your booking, or as required by law. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes.
14. DOCUMENTATION We will endeavour to send your tickets, hotel vouchers and final information regarding your trip approximately 2 weeks prior to departure either by First Class post or e-mail. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.
15. CONTACT US
Our normal office hours are 9am until 6pm weekdays ES. To contact us by phone in Cayman: + 1 345 917 1836 and US US: +1 917 472 9896.
To contact via email please use firstname.lastname@example.org
All terms and conditions will be governed by the laws of The Cayman Islands and any disputes will be resolved by the courts of The Cayman Islands.
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