Please take the time to read the following terms and conditions carefully. They are the basis of the contract between yourself and PGL.
A contract will exist between us when we have taken your booking and required payment. You will then automatically receive a confirmation/invoice detailing exactly what has been booked. If you think anything is incorrect please contact us straight away. All correspondence will be with the person named on the confirmation invoice who accepts the following conditions on behalf of all participants. The contract between us is governed by English Law and any dispute will be dealt with under the exclusive jurisdiction of the courts of England and Wales. Any monies paid to an appointed agent will be held by the agent for PGL until they are paid over to PGL.
Your final payment and travel tickets
The balance of your account is payable not later than 12 weeks before holiday commencement. If payment is not made by the due date, we reserve the right to advise you of the cancellation of your holiday booking and make a cancellation charge at the appropriate rate. Full payment must accompany bookings made within 12 weeks of departure.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the holiday booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by ABTA.
Changing your booking or travel
If, after you have confirmed your booking, you wish to make any alterations, an administration charge of £20 will be made per amend. Any such amendment may be telephoned to PGL in the first instance but must be confirmed in writing immediately thereafter with the appropriate amount enclosed. However, if a major amendment is requested less than 8 weeks prior to the starting date of the holiday, we reserve the right to treat your request as a cancellation and charge the appropriate cancellation fee as detailed below.
In order that all our staff have the correct information we cannot accept additions or alterations to coach/ferry travel arrangements within 7 days of the commencement of the holiday.
If we are forced to make changes
PGL will do its utmost to provide all of the arrangements that have been confirmed, but must reserve the right to alter or cancel any activities, accommodation or other arrangements, including escorted travel, if operational, weather or other considerations so dictate.
If we have to make a major change to your holiday, we will offer a suitable alternative if available, or 100% refund, if we are not able, in our opinion, to offer an alternative that is sufficiently comparable. Compensation will be paid as below if we have to make a major change to your holiday within 8 weeks of holiday commencement, unless the change is due to circumstances beyond our reasonable control, including but not limited to war, riot, civil commotion, act of God, industrial dispute, Government action, epidemic, disease, adverse weather or natural disaster.
56 – 29 days -10% of holiday price
28 – 15 days -15% of holiday price
14 days or less – 25% of holiday price
The price of your holiday is subject to surcharge due to unforseen increases in fuel costs, Government imposed increases e.g. changes in VAT or adverse currency exchange rate variations.
Even in this case, we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged but, where a surcharge is payable, there will be an administration charge of £1 together with an amount to cover agents' commission where relevant.
If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the surcharge advice.
The prices of our holidays abroad have been fixed according to an exchange rate of 1.4852 Euros to £1 as published in the Financial Times on 06 October 2006. You will be notified 8 weeks before departure if a surcharge is due on your holiday.
Cancelling your holiday or travel
If you find that you cannot take your PGL holiday and have to cancel, for whatever reason, your deposit will be forfeited to cover our costs. If we receive your written cancellation within 56 days of your holiday commencement date, higher cancellation charges will be made, as follows:
56 to 29 days prior to commencement – 30% of the total holiday price.
28 to 15 days prior to commencement – 45% of the total holiday price.
14 to 1 days prior to commencement – 100% of the total holiday price.
On or after the commencement date – 100% of the total holiday price.
The date of effective cancellation is calculated on the day of receipt of written advice in our Reservations Department.
Coach/ferry travel costs are forfeited unless written cancellation is received more than 14 days prior to holiday commencement. Your PGL holiday insurance may cover the cost of cancellation. If in doubt don’t hesitate to contact our brokers, Fogg Travel Insurance Services, on 01623 631 331.
Any complaints
If there is any problem with the holiday, we want to hear about this as soon as possible. Any concerns should be brought to the attention of the Centre Manage/senior member of staff immediately and we will do our utmost to put things right for you. Please note that we are not responsible for any issue, which you were aware of but did not bring to our attention during your holiday. Any reported issue, which has not been resolved to your satisfaction during your holiday, should be advised in writing to PGL within 28 days of the end of your holiday.
If you are still unhappy, your complaint may be referred to arbitration under a special scheme arranged by the Association of British Travel Agents in conjunction with the Institute of Arbitrators. This scheme provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on a customer in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The scheme can however deal with compensation claims involving minor injury or illness, subject to a limit of £1,000 per person. Application for arbitration must be made within 9 months of return from holiday. Further details can be supplied by ABTA on request. Their address is: 68-71 Newman Street, London W1P 4AH.
Our responsibility
PGL accepts responsibility for those elements of the holiday arrangements which are under our direct control, and for the acts and/or omissions of our employees, agents, sub-contractors and suppliers. Save as set out below, no liability is accepted for personal illness, injury or death.
We do accept responsibility for any personal illness, injury or death which results from the negligent (as the word is understood in the English Law) acts or omissions of any servant or agent, or any supplier, working on our behalf in the provision of services or facilities to you and whilst acting within the scope of their employment.
Please note, however, that we do not accept liability for any air or sea carriers whose individual conditions of carriage apply and are often subject to international agreements. We cannot be held responsible for the failure or inability of any equipment or computer programme to recognise or correctly interpret or process any date as the true or correct date, or to continue to function correctly beyond that date.
We cannot be held responsible for the loss of enjoyment or additional expenses due to delays or changes in any travel arrangements or other services which are caused by circumstances amounting to force majeure, such as, but not limited to war, riot, civil commotion, act of God, Government action, epidemic, disease, natural disaster, industrial dispute or adverse weather conditions. We can only be liable for the provision of special requests where we have confirmed their availability in writing.
Should you or any member of your party have the misfortune to suffer illness, injury or death during the period of your holiday, arising out of an activity which does not form part of the arrangements made by us, we shall, where appropriate, and subject to our reasonable discretion and prior agreement, give you and your family every help that we can by way of initial assistance, including initial legal costs associated there with, up to a maximum value of £5,000 per booking form. You must request such assistance within 90 days from the date of the misadventure and in the event of there being a successful claim for costs against a third party or there being suitable insurance policies in force, the costs incurred by PGL shall be recoverable from yourselves.
We shall not be liable in respect of any loss of profits, damage to goodwill or any type of special, indirect or consequential loss even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same. Subject to the above, and excluding liability for death or personal injury, our liability shall be limited to £15,000 pounds sterling in respect to any one claim.
Your responsibility
It is the responsibility of the person making the booking to fully advise PGL of any disabilities, social or behavioural problems that a member of the party currently has, or has recently experienced, which might effect them or other guests during the holiday. We will be pleased to advise you whether we have the staff and facilities to provide an appropriate holiday in these circumstances, with particular reference to such considerations as access, successful participation and health and safety.
The person making the booking also accepts responsibility for advising PGL of dietary requirements and swimming ability of all members of the party.
We reserve the right to exclude any person after holiday commencement if his/her behaviour is incompatible with the general enjoyment and wellbeing of others. The person making the booking accepts responsibility for any repatriation costs incurred together with any additional costs incurred at centre.
For overseas holidays, please note that it is your responsibility to ensure that all members of the party are in possession of a 5 or 10 year passport and a European Health Insurance Card . You can obtain an EHIC on line at www.ehic.org.uk, by calling 0845 606 2030, or from your local Post Office. For further information on the country to be visited, please check the Foreign and Commonwealth Office website www.fco.gov.uk/knowbeforeyougo or ring ABTA information line Tel: 0901 201 5050 (calls are charged at 50p per minute).
Personal property
Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility. Please note that an adventure holiday is not the place to bring mobile phones, expensive watches, jewellery or other precious items which may not be covered by the PGL insurance.
Photography
We regularly take photographs and videos for promotional and training purposes. If you do not want any member of your family to appear in these, you must write to PGL Customer Service and inform PGL staff on arrival at the centre.
Data Protection
The personal information requested at the time of booking and on subsequent proformas is held on computer and required to allow our employees, agents, sub-contractors and suppliers to provide the promised holiday to our normal high standards. By providing us with the information required for booking you are deemed to accept the above and to have gained consent from all members of your party to disclose their details to us. At the time of booking or requesting a brochure, whichever is sooner you will be asked if you wish to receive future mailings from PGL and/or carefully selected third parties. If you do not wish to receive these mailings, please advise at the time.
If you wish to confirm or change your status, please contact the PGL Marketing Department, Alton Court, Penyard Lane, Ross-on-Wye, HR9 5GL. Please find details of our privacy policy here.
Finally
The details announced here were published in good faith in October 2006.