The holidays offered on www.natureandwinetravel.com website are exclusively sold and the website is owned by Phoxinus Ecotourism Services Ltd, under the following headquarters:
B 24 9ND Birmingham 590 A Kinsbury Road Corner Chambers, UK
Registration number: Companies House 9236186
(see further on “The Company”)
The following conditions, together with the relevant information set out on this website, will form part of your contract with the Company. Please read them carefully before you book.
1. BOOKING YOUR HOLIDAY
A, Our aim is to provide the right holiday to suit your requirements. Our email address is: email@example.com
We always inform you about the price per person.
B, To secure your booking we require a deposit of 30% of the total holiday cost per person. If you are booking within 60 days of departure, then full payment is required. Payment can be made by most major credit cards suggested by the Company ‘s website or by bank transfer. If for any reason we do not accept your booking your deposit will be returned.
C, We will ask you at the time of booking to confirm the number of members in your party and to provide us with the first forename (as shown in each passport) as well as the surname of each member.
D, Special Requests, such as diet, room location, twin or double bedded room, a particular facility, which are important factors in the choice of holiday, should be indicated in writing at the time of booking. We will pass your request on to the local suppliers but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
E, On receipt of your correct deposit we will book your arrangements and issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and terms and have accepted them on behalf of yourself and all members of your party. All contracts with our Company are subject to these booking conditions.
F, It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company all correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
G, The balance is due 30 days before departure. If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
2. AMENDMENTS & CANCELLATION
A, Amendments by you
The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment and be sent to the central email address given on our website. If it is possible to make the amendment, it will be subject to an amendment charge of Euro 30 per booking. These charges will be payable whether or not the Company succeeds in confirming your requested amendment. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 30 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) below will apply dependent upon the conditions imposed by our suppliers.
If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company.
1, if you request a transfer in email, you must allow reasonable time for the changes to be communicated to, and accepted by the suppliers in email.
2, Your replacement agrees to be bound by these booking conditions. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges.
B, Cancellation by you
Cancellations are effective on the day they are received by the Company’s central email address, given on our website. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.
Days prior to Departure Date % of Total Holiday Cost
60 or more than 60 days prior: 0 Euro
45 – 59 days prior: 30% of total holiday cost
30-44 days prior: 60% of total holiday cost
30 days prior: 90% of total holiday cost
We highly recommend that you secure adequate travel and storno/cancelling insurance, which should in most cases include cover, in most cases, against loss of deposit or cancellation fees, at the time of booking.
C, Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. The Company may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid becomes due.
D, Accuracy of information
We check the information which we provide about our holidays very carefully. However, tours, excursion or extreme sports may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
E, Amendments and Cancellations by the Company
Great care is taken to ensure that the description and prices given on our website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your holiday using independent suppliers such as local transport operators and guides, accomodations and national parks, over whom we have no direct control. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are minor. However, if we consider them a material change we will notify you as soon as reasonably practicable. A material change includes a change to a lower standard accommodation, and/or price, change in date of departure, or force majeure. In the case of a material change before your departure we will provide you with three alternatives. You may accept the modification, you may change your booking to another available and comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Company will make the appropriate refund. If you cancel and receive a full refund following a material change made for any reason other than force majeure or low bookings you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change by sending you an email.
Compensation according to when Notification of Change is sent by email
F, Days prior to Departure Date Per Person
More than 60 days prior: we refund you the complete holiday cost
Within 60 days of departure we refund you the complete holiday cost, with a deduction of 10% of complete holiday cost, which partly covers our liabilities for the local suppliers.
‘Force majeure‘ means unusual and unforeseeable circumstances beyond the Company’s control or the control of our suppliers, the consequence of which neither the Company nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers.
‘Low bookings’ means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form. If there is a minor change before you depart (that is, any change not included in the definition of a material change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. If the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure). No compensation is payable in the case of force majeure.
G, Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your hotel arrangement one week before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 4 weeks (30 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 2(b). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid. In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation as set out in clause 2(e).
3. OUR COMPANY’S PRICE POLICY
A, All prices are based upon exchange rates to the Euro .
B, The Company is under no obligation to give a breakdown of the costs involved in a holiday.
C, The Company reserves the right to notify you on its website of an increased price before accepting your booking and prices may go up or down.
D, The price of your travel arrangements can be varied due to changes in transportation costs such as fuel including the cost of fuel, dues, taxes, fees chargeable for different tourist services, meaning that the price of your travel arrangements may change after you have booked. Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked. In the case of any small variation, an amount, exceeding not more than 5% of the price of your travel arrangements, will be absorbed or retained. You only have to pay an amount over 5% of price variation.
4. RESPONSIBILITIES OF THE COMPANY
A, The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.
B, The Company accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Company before your departure is not as described on our website or not of a reasonable standard. The Company limits its liability in respect of these claims. Subject to the conditions set out below, The Company also accepts liability if you or any member of your party suffers death or personal injury as a direct result of these holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on the part of the Company or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your holiday, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Company or its suppliers even with the exercise of all due care.
The acceptances of liability do not apply if you already had an illness before departure, or your injury is due to your health condition, which was not efficient for the programs of your booked holiday.
They are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability.
C, If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make.
D, Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. The Company has no control over such decisions, and is therefore unable to accept responsibility for them. We will not pay compensation or reimburse you for expenses incurred in connection to damages to changed airline schedules. We highly recommend you have adequate travel insurance, including storno/cancelling insurance for your holiday and should claim via your insurance company.
E, If you suffer death, injury or illness during your holiday arising out of an activity which does not form part of the inclusive arrangements booked with the Company, the Company will offer assistance where appropriate and in its sole discretion.
5. YOUR RESPONSIBILITIES
A, It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company.
B, General information concerning passport, visa and health requirements applicable to EU Citizens are subject to change and you must check current requirements before departure. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. Our Company will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport or visa requirements.
C, You are liable for checking in at the airports on time and taking with you the necessary travel documents. Our Company is not liable in case the passenger is late for the flight because he was late in checking in, neither in the case if the passenger did not take the necessary documents. We are not liable to pay any compensation or reimbursement for the lost or damaged travel documents either.
D, Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of the accommodation manager, the tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
E, If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
F, You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you organized the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.
G, In case of booking Horse riding holiday or ordering extreme sport activities the Company will ask You to sign a document written in English by the local service provider on the spot for the followings: participant acknowledges and agrees that participation in riding or extreme sport program is completely voluntary and participant is capable to ride, has a normal fit health condition and participant acknowledges all risks, assumes full responsibility for his/her own bodily and personal injury.
It is strongly recommended that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses referring to the countries to be visited. If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in risky sports and activities whilst on holiday that have been organized and arranged independently of us, for example you participate on our horse riding programs, the local supplier provides you a declaration in English, in which you declare that participation is at your individual’s own risk and it is your responsibility to obtain the relevant insurance. This declaration, given by the local supplier, should be subscribed by you before the beginning of the program. Our partners have got every sort of licenses and an own liability referring to extreme sports. These activities are not organized by our Company and you have to understand that you participate in these activities at your own risk and you should take out an extra insurance for these activities. Please keep your insurance details with you whilst on holiday.
7. OPTIONAL PROGRAMS
You can book and pay on the spot for the optional programs, including extreme sport activities. Please, take it into consideration that all these outdoor programs depend on weather conditions. Our local suppliers endeavour to fully protect your safety, that is why in case of unfavourable or dangerous weather conditions for the planned sport activity on the given day, our local suppliers would find a supplemental day for that. You should only pay for an optional program if it actually takes place. In case during the given week-long duration the weather conditions or other force majeure cases can not make the realization of an extreme sport program, our Company is not liable to pay you any compensation or indemnity and our Company can not be held responsible for the postponement of this program. If you choose any optional program and during parallel time you do not participate on the standard program , you can not claim to any repayment from the Company.
8. ILLNESS AND DISABILITY
If you or any member of your party suffer from a disability or other medical condition please tell us before you book. Our Company is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. However, most of our holidays are in destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Many of our holidays require a fair degree of physical fitness. Medical facilities may not be readily available. You should consult your doctor for advice before you book and in good time before your departure.
9. IF YOU HAVE A PROBLEM
A, If you are unhappy with any aspect of the Company’s arrangements while you are on holiday, you must address your complaint immediately to the Company’s local representative (or, if none, to the Company) and to the other local supplier’s management, whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
10, GOVERNING LAW
This contract and any matters arising from it are governed by the laws of England and Wales and are subject to the jurisdiction of the Courts of England and Wales.
11. PRICING POLICY
The prices shown in company literature are per person in Euros.
THERE ARE FULL PACKAGE PRICES IN THE COMPANY’s SUPPLY: WHAT YOUR HOLIDAY PRICE INCLUDES
• Accommodation – Rooms and apartments with private facilities (with bath) in two wonderful rural guesthouses.
• Meals – ‘Half Board’ is breakfast and dinner. ‘Breakfast’ includes rich handcraft local food breakfast and warm dinner once a day , usually in the evenings, sometimes can be daytime. The website is updated about places of hosting wineries, distilleries , ecofarms, etc and limited or unlimited consumption facilities.
-Airport transfer to accommodation (155 km) and from accommodation to airport. (155 km)
-The price of the horse riding tour includes the above mentioned services (meals, drinks, accomodations, airport transfers ) and further 4-day horse riding tour, a professional guide with fully equipped horses and a picnic/basket lunch once a day.
-The price of the Nature and Wine program includes further: a complex week program with minibus transport, professional guides in English in National Park locations, and entrance fees of national park , museums, cave, visitor centers, which are under Daily programs standard Menu.
WHAT YOUR HOLIDAY PRICE DOES NOT INCLUDE
Flight tickets are excluded but we can assist you to book them by our travel agent partner on our website.
Extreme sport facilities can be required also in advance through our website, but you pay it on the spot.
Passport costs & Holiday Insurance
Personal Expenditure – On such items as drinks, laundry, room service, telephone calls etc., and any related tax and service charge.
Gratuities – Discretionary gratuities to drivers, guides, hotel or boat staff etc.
12. WEB: USE OF THE SIGHT
Please, be advised, by accessing this Site, you accept, without limitation or qualification the present Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.
Content of the Site is the intellectual property of Phoxinus Ecotourism services LTD, which shall not be used in any form without the prior written consent of Phoxinus Ecotourism Services LTD.
Our primary service is offered via our www.natureandwinetravel.com website, that provides the possibility to browse and book holiday.
13. DATA PROTECTION ACT
A, In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide. We take full responsibility for ensuring that proper security measures are in place to protect your information.
You are entitled to get to know and to receive the data stored about you, in case you apply for it, it is free of charge for you. If your stored data are inaccurate, then we are going to correct them if you apply. In case of your application we can also cancel these data.
We must pass the information on to the relevant suppliers of your travel arrangements such as place of accomodation. The information may also be provided to security companies or public authorities, if required by them, or as required by law. We will not however, pass any information to any person not responsible for part of your travel arrangements. If, however, you do not consent in passing this information, when necessary, to the relevant suppliers, we can not accept your booking. You are entitled to a copy of your information held by us.
B, The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this information will be securely deleted as soon as it is no longer required. However, it is necessary for the Company to retain your debit/credit card details for a reasonable period of time after the conclusion of you holiday, and you consent to such retention, in the event that any costs referred to in clause 5(i) above are incurred and you fail to settle these directly with the supplier, in order that the Company can debit your card for the relevant amount. This will be reviewed on a regular basis to ensure that the information is not kept longer than is strictly necessary for the purposes set out above.
C, Statement & Security
Legal update: In the UK From 26 May 2012, all websites will be under an obligation to obtain your consent to download cookies onto your computer for any reason other than where it is strictly necessary to download cookies onto your computer, e.g. where a cookie is required to remember the holiday arrangements you have chosen in order to allow you to proceed to the checkout and purchase the arrangements. Therefore from this date, we request your consent to download cookies onto your computer for services where it is not strictly necessary to do so. You can choose to opt out and prevent us from downloading cookies from your system, however this will affect your user experience of our website and we may not be able to offer you all the services on our website as a result. Therefore, in order to provide you with the best experience of our website and offer you all of our services, we would recommend opting in and allowing us to download cookies on to your computer. If you would like to opt out please email us to the following address: firstname.lastname@example.org. Do not forget that we do not store any individual data from our cookies, we simply use the information to understand user trends, detailed below are the cookies we use; Google Analytics - user experience and trends, not at individual level Infinity Tracking - user experience and trends, not at individual level Live Person - only applicable when engaging in a web chat with our consultants
E, Information Collection
When you browse the Site and have not registered for any online service from our Company, you browse anonymously. Personal Information ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, but not limited to, a first and last name, E-mail address, a home, postal or other physical address, or other contact information) is not collected as you browse. Our Company does, however, use Google Analytics Service to collect information about how the Site and server are used and to recognize you as our Company’s online service user when you re-enter our Site. Information, such as the server your computer is logged onto, your browser type, and whether you entered the Site via a Website or E-mail hyperlink, is collected and tracked in aggregate. This information is used for the purpose of measuring response rates to Web page and E-mail hyperlinks as well as overall Site activity and performance. When you register for or request any Site service, you may be asked to provide us with Personal Information which is used to enhance your Site experience, expedite communications, allow you to receive and send electronic mailings from and to our Company, or to be contacted as requested.
F, Personal Information Taken When Booking With Us
Some of the information our Company collects may be considered "sensitive personal data" under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. Our Company will seek this consent when necessary. The Personal Information our Company collects about you through these various sources may include: - Name, addresses and telephone numbers- Email addresses. Online forms of payment like credit/ debit card number(s), including associated billing address(es) and expiration date(s)- Information necessary to facilitate travel or other services, including travel companion(s) names, emergency contacts. We need your nationality and country of residence.
G, IP Addresses
Our Company makes use of Google Analytics Services. On the other hand Google Analytics collects the IP addresses of users of the website only in order to save the security of the service and in order to let the owners of the website have an impression about which countries of the world their users arrive from, (this is also called “IP localization”).
Google Analytics does not make the actual IP addresses accessible for clients of Google Analytics. On the other hand the owners of websites using Google Analytics Services, using a method, called “IP-masking” have an opportunity to set a method, by which Google Analytics uses for localization only a detail of IP addresses.
Our Company uses the IP addresses to let you access our Site and we can record the time of your registration. This information is used to analyze trends, administer the Site and the track user's program, and gather broad demographic information for aggregate use. IP addresses are not personally linked to identifiable information.
H, Registration For Online Products & Services
The User warrants and represents that all of the data provided during the registration or booking is accurate and complete. The User shall report any changes in the registration data to the Operator of the Site without undue delay.
It is prohibited to establish a User status under the authorization of another person and/or use pseudonyms.
In order to provide you with a particular Site product or service, we may request that you voluntarily supply us with Personal Information for purposes such as correspondence, Site registration, submitting an application or booking request, requesting product descriptions, or participating in Site surveys and/or contests. If you are known to us as a registered user of our Company’s Site, we may combine information about your use of Site products or services with certain other online and offline information we have about you as our Company’s customer as well as information available from external sources in order to customize your Site experience and present you with relevant online and offline communications.
I, Declining E-Mail
Our Company provides our clients with a means to decline receiving marketing information by E-mail. At any time, you may request to discontinue receiving marketing E-mail from our Company.
If you have provided your E-mail address to us, we may inform you in E-mail. . These E-mails come directly from our Company. When we send you E-mail, we may use your E-mail address to identify information about your receipt of the E-mail, including whether the communication was opened, how many times it was viewed and whether you clicked on an embedded hyperlink to reach a particular product or service. This information is used to measure response rates to E-mail communications as well as enhance your Site experience. Information you supply to us will not be passed to any third party. We may share Personal Information with law enforcement agencies in the event of a criminal investigation or suspected illegal activity.
Our Company takes the issue of security of our website very seriously and we are committed in order to save your personal data.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on The Site are registered and unregistered Trademarks of the Company and its Partners.
Under no circumstances should you use, copy, modify, reproduce, publish or distribute any of the Trademarks displayed on The Site without the written permission of Phoxinus Ecotourism Services Ltd.