© 2010 all rights reserved DA Travel General Terms and Conditions, 2011/12 We are pleased that you would like to contract Accessible Services and thank you for your confidence in us. Please read the following General Contract and Travel Conditions carefully. 1. Scope 1.1. These General Terms and Conditions, hereinafter refered to as GTCs, govern the contractual relationship between you and Accessible Services in respect to the travel services we offer. 1.2. These GTCs distinguish between package trips, other travel services and brokerage services. A package trip is defined as such when incoming services have a total package price and where the package trip lasts for at least 72 hours. Accessible Services is not a Tour Operator and does not offer package trips. Other travel services are defined as including but not limited to airport transfers, overnight stays, short excursions that include but are not limited to shore excursions. Brokerage services are defined as those services where Accessible Services locate and secure third party services for private individuals, groups, companies, travel agencies or any other entity hitherto not listed. 1.3. Where Accessible Services acts as a broker for travel services provided by tour operators, Accessible Services are not a party to the contract and the other provider’s own contract and travel conditions apply. In these cases Accessible Services accept no liability for the performance of third- party providers and refer you to their liability conditions that they should make available to you on request. Accessible Services GTCs are superseded by third party GTCs, with the exception of points 2, 3 and 9. 1.4 Availability. The booking is made on the understanding that accessible transport, adapted or otherwise, and or accommodation, accessible or adapted or non-adapted, will be placed at your disposal on the date stated. Where this is not possible through circumstances not under the control of Accessible Services, its agents, associates, affiliated companies, or subcontractors, Accessible Services, its agents, associates, affiliated companies, subcontractors, cannot guarantee to provide alternative accessible transport, adapted or otherwise, and or accommodation, accessible or adapted or non-adapted, in which case all monies paid shall be refunded in full, but the hirer shall have no further claim against Accessible Services nor its agents, associates, affiliated companies, or subcontractors. Accessible Services endeavours to ensure the availability of amenities as described in its web page but shall not be liable in respect of their non-availability. 2. Conclusion of a contract A contract is concluded once Accessible Services has the confirmation booking you have made in writing (e-mail) 3. Terms of payment 3.1. Travel services, brokerage and any other services not listed must be paid for at the time of booking, deposits are not accepted under any circumstances. Customised travel services are offered under the additional terms and conditions as described in the webpage http://www.disabledaccessibletravel.com/customised_tours.htm. 3.2. Prices are quoted in Euros exclusive of VAT or inclusive of VAT at the prevailing rate where mixed VAT rates apply 4. Cancellation or booking alteration by the customer 4.1. If you wish to cancel or alter your booking after receipt of your confirmation number and payment, we will levy a processing fee of Euros 60.00 per cancellation or alteration. You must notify us of your cancellation without delay by e-mail quoting your confirmation reference number, Fax or telephone calls or mailed cancellations are not accepted as forms of communicating cancellation or booking alterations. 4.2. The following cancellation charges will apply in addition to the processing fee (see 4.1.): 31 days before start of service 100 %; No-shows will be treated as cancellations. Cancellation of booking contracted within 14 days of the service required 14 days before the start of the service 100% No-shows will be treated as cancellations 4.3. If you are unable to travel after completing a booking for whatever reason, you can in principle appoint a replacement who will take part in the trip under the same GTCs contained herein subject to the replacement person agreeing to pay the price of the trip, and to the travel providers for the trip (hotels, airlines, train/boat cruise companies or any other contracted entity.) accepting the change and the payment of any additional fees levied by travel providers. Where this is not possible you must claim against your travel insurance policy, 4.3(a) Accessible Services are not liable to compensate or refund or make any recompense for any loss incurred in the cancellation of your booking. 5. Program alterations and cancellation of trip by the provider 5.1. Programs may be altered in unforeseeable circumstances. Accessible Services will do all it can to offer alternative, equally satisfactory arrangements or another solutions in such cases. 5.2. Should the arrangements actually provided be of lesser value than the arrangements originally booked, the difference will be refunded to you if Accessible Services or another provider were at fault, Terms 6.1, 6,2, 6,3(a), 6.3(b) apply. 5.3. Accessible Services is entitled to cancel services in cases of but not restricted to force majeure (e.g. natural catastrophes, unrest, strikes) or in the event of government action, accidents, technical defects et al. If Accessible Services cancels a trip before it begins, the amount you have paid will be refunded. 5.b Price increases Accessible Services reserve the right to increase tour fees due to any but not limited to increased road taxes, road tolls, fuel costs, museum and tour site entry fees or fluctuation of exchange rates. 6. Complaints 6.1. If a trip does not meet the contractual agreement, or if you suffer losses excluding theft by parties unknown, you are entitled and obliged to notify the relevant service provider of the relevant shortcoming or losses without delay. 6.2. Should the service provider at the location be unable to find a satisfactory solution, and therefore the shortcoming is not (properly) resolved, you should complain in writing via email to Accessible Serviceswithin 30 days of the date on which the trip was due to end. 6.3.(a) You will automatically lose any entitlement if you do not complain to the service provider at the location (see 6.1.) or 6.3(b), send a written complaint to Accessible Services within the time allowed (see 6.2.) 7. Liability 7.1.Fully accessible accommodation and or adapted transport is not readily available throughout many countries; Accessible Services will endeavour to offer facilities that are as acceptable to you as possible and will give you as many details of each accommodation, venue and transport facilities as possible that are attainable from third party sources. Accessible Services accept no liability for providing details in good faith from third party suppliers that are erroneous as accepting the quote confirms your acceptance of services as described and offered by Accessible Services; where information from suppliers is erroneous Terms 6.1; 6,3(a) apply. 7.2 Accessible Services, its agents, associates, affiliated companies, or subcontractors, accept no liability where no pre-booking information is supplied for whatever reason regarding access problems that you may consider to limit your enjoyment to but not limited to architectural sites, buildings, gardens, hotels, transport private or public, theatres, public or municipal or private buildings, restaurants, cafes, public spaces, sporting activities, pleasure activities, water based activities including but not limited to sailing, 7.3.Accessible Services is not liable for bodily injury or property damage or financial loss as a result of or caused by but not limited to: falling, physical exertion for which you are not prepared; forces of nature; travel by train, auto, car, bus, motorcycle, boat or other conveyance public or private, or by bicycle, ski, horseback, foot or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; high altitude; lack of or limited access to medical attention in remote locations; adequacy of medical attention in remote locations. Accessible Services is not liable for additional expenses not specified as included in the tour cost. Accessible Services is not liable for additional expenses you may incur as a result of a late start and/or late return due to natural disasters, weather, traffic, illness of a guide or other guest while en-route or any other delays due to circumstances beyond the control of Accessible Services guides. Accessible Services, its agents, associates, affiliated companies, or subcontractors reserve the right to make route modifications as necessary to improve a tour or excursions quality or to accommodate prevailing weather conditions or the comfort and well being of guests. Guests of Accessible Services, its agents, associates, affiliated companies, or subcontractors give Accessible Services, its agents, associates, affiliated companies, or subcontractors express permission to take photographs or video recordings of tours and services for marketing purposes, as well as approving such use by third parties with whom Accessible Services, its agents, associates, affiliated companies, or subcontractors may collaborate with, without financial remuneration. 7.4 Accessible Services liability for direct, immediate material loss is limited in cases where Accessible Services is deemed to be at fault, to the cost of the service provided, unless the loss was caused deliberately or as a result of gross negligence on the part of Accessible Services. Any further liability, particularly for indirect loss and or consequential loss, is excluded. Terms  4.3(a); 6.1, 6.2, 6.3(a), 6.3(b); 7,1, 7.2, 7.3 apply. 8. Travel Documentation It is the your responsibility to ensure that you are in possession of a valid passport, visa permits, vaccination and other medical certificates, and all other travel documents, including traveller’s cheques where applicable. Accessible Services, its agents, associates, affiliated companies, or subcontractors shall not be held liable should you be refused entry into any country for whatever reason. 9. Applicable law and place of jurisdiction The contractual relationship between you and Accessible Services is subject to United Kingdom & European Community law. 10. Insurance 10.1 You are required to make your own arrangements for Insurance, to cover but not limited to Airline flights not departing on time, late arrivals for cruise departure, non docking causing loss of prepaid tours; Baggage Loss & Damage and Medical, Injury, Death Cover Insurance. Failure to do so may result in Accessible Services, its agents, associates, affiliated companies, or subcontractors refusing you access to services contracted due to health and safety concerns and due diligence in respect to the health safety and welfare and well being of other guests. Comprehensive travel, medical expenses, baggage, money and cancellation insurance is compulsory for all bookings,  Accessible Services, its agents, associates, affiliated companies, or subcontractors reserve the right to request proof of insurance at any time during the booking process. You accept that it is your responsibility to arrange your own insurance. You will arrange personal insurance and be satisfied that your insurance covers your personal requirements.  It is your responsibility to ensure that a personal carer is registered with an Association for the Disabled in your country. Accessible Services, its agents, associates, affiliated companies, or subcontractors accept no responsibility for care or lack of it given by your carer during your tour. Guides and service providers will not double as carers at any time, whatsoever.  I HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS & CONDITIONS Responsibility Release and Assumption of Risk: “I understand and am aware that during the travel itinerary in which I will participate under the arrangements of Accessible Services and its agents, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including but not limited to the hazards of travelling in unsafe areas or under unsafe conditions, the hazards of travelling in politically unstable areas, the dangers of civil disturbance and war, the forces of nature, the negligent or reckless acts or omissions of, and or the bankruptcy, insolvency or cessation of services by Accessible Services affiliated companies, airlines or subcontractors. In consideration of, and as part of the payment for, the right to participate in such travel itineraries, I have and do hereby expressly assume all of the above risks. The terms of this agreement shall serve as a release and express assumption of risk for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences of this Release and Assumption of Risk and I hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that releases Accessible Services and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors, to the extent permitted by law, from liability for the negligent or reckless acts or omissions of Accessible Services affiliated companies, airlines and subcontractors.” You are deemed to have accepted these Terms and Conditions upon Accessible Services receiving your confirmation booking in writing (e-mail).