Distant Journeys

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Terms & Conditions

Terms & Conditions

Terms and conditions

Click here for travel before March 31st 2018
Click here for travel after 1st April 2018

Distant Journeys terms and conditions from 2018 / 19 brochure

IMPORTANT: The following terms and conditions together with the general information contained in our tour brochure form the basis of your contract with Distant Journeys Limited. Please read them carefully as they set out our respective rights and obligations.

By asking us to confirm your booking, we are entitled to believe that you have had the opportunity to read and have read these booking conditions and agree to them. Except where otherwise stated, these booking conditions only apply to the tour arrangements shown in this brochure (including accommodation required both before and after your main holiday and activities and other services) which you book with us and pay for before departure from the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.

All references in these booking conditions to “holiday”, “booking”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated.  Please be aware that your deposit is non-refundable.

In these booking conditions:
“Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include, but are not limited to (whether actual or threatened) war, terrorism, fire, flood or any other unusual weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, government agencies or other authorities, inability to obtain any necessary licence or consent through no fault of ours and any other event or circumstances beyond the control of us or any supplier of any part of your tour. “You”, “your” and “yourself” means each person who makes a booking with us for a tour and/ or who is named on the booking (including anyone who is added or substituted at a later stage) and, where appropriate, all such persons. “We”, “us” and “our” means Distant Journeys Limited trading as Distant Journeys.

Bookings
1. All bookings are made pursuant to these terms and conditions.

2. It is a condition of booking that you are fit and able to take care of yourself for the duration of the tour. We welcome passengers with disabilities or special needs provided they are accompanied by a companion capable of providing all assistance required. If you have any medical condition or disability which may affect your tour or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. We reserve the right to refuse to carry any person who we deem cannot fully care for themselves on tour without assistance or whenever we reasonably feel unable to accommodate the needs or restrictions of any particular passenger.
We regret that we cannot provide individual assistance to a passenger for walking, dining, pushing their wheelchair, getting on and off motor coaches or other transportation vehicles or other personal needs. Passengers who need such assistance must be accompanied by a companion who is capable of providing all assistance required.
You must also notify us of any changes or deterioration in the disability or medical condition or development of any disability or medical condition after booking. We further reserve the right to cancel your booking and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the booking is made and/ or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made at the time the person concerned joins the tour as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any passenger affected by a disability or medical condition must ensure they have notified this to their travel insurers and that their travel insurance will cover it. We may refuse to allow you on the tour or may have to terminate your participation in your tour if your mental or physical condition is such as to render you, in the reasonable opinion of any representative of ours or any carrier or other person in authority, incapable of caring for yourself or a hazard to yourself or other passengers. We will not be liable for any expenses arising from your being precluded from joining or completing the tour for any such reason and no refunds or compensation will be paid.

Please note, the Milford Mariner overnight cruise on New Zealand tours is unable to accommodate wheelchair bound passengers. Passengers with disabilities or walking difficulties may find access to certain attractions restricted, due to the number of stairs, distance or uneven ground.

3. The operation of all tours is conditional on us securing the minimum number of bookings required to operate the tour and to ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, we reserve the right to cancel or change a scheduled tour. Please also see clauses 22 and 23. We will endeavour to make any decision to cancel or significantly change a tour no less than 60 days prior to the scheduled departure date of the tour but in any event will notify you no less than 30 days prior to the departure date of the tour.

4. If you are a single passenger, the applicable single supplement will be added to your invoice at the time of your booking.

5. We will aim to accommodate single passengers in twin or double rooms, with single occupancy.

6. For reservations which include The Ghan or Indian Pacific single passengers will be accommodated in single berth sleeper cabins with wash basin. Showers and toilets are available at the end of each compartment.

7. If you have any special requests (including dietary requirements) you must notify us at the time of booking. Please note special requests cannot be guaranteed. Failure to meet any special request will not be a breach of contract by us. Confirmation that a special request has been noted or passed on to the supplier of any service(s) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed by us in writing, all special requests are subject to availability. We cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

Payment
8. To secure any booking, you must pay the applicable deposit or full payment if booking 90 days or less before the start of the tour.
The deposit is £1,000 per person if travelling in economy flight class, £1,950 per person if travelling in premium economy class or £3,750 per person if travelling in business flight class.  Where fares are higher than our standard rates, an additional deposit may be required. The deposit or full payment, as applicable, must be received by us within 7 days of booking to ensure your place on the tour is held.
Bookings will be automatically cancelled if the applicable deposit or full payment, as applicable, is not received by us within this 7 day period and we will have no further liability to you.

9. Deposits are non-transferable and non-refundable except as expressly set out in these terms and conditions. We therefore recommend that you have adequate insurance to cover this.

10. The balance of the tour price (after deduction of the applicable deposit) must be received by us no less than 90 days prior to the start of your tour.  If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to believe that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 26 depending on the date we reasonably treat your booking as cancelled.

Credit card surcharge
11. There are no surcharges for payments by credit or debit cards.

Your contract
12. Subject to availability we will confirm your booking by issuing our confirmation invoice. This invoice will be sent to the lead name on the booking (“Lead Name”). Please check this invoice carefully as soon as you receive it. Contact us immediately if any information on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We cannot accept any liability if not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

13. A binding contract between you and us comes into existence when we dispatch our confirmation invoice for all bookings. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the Courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

What are your tour obligations?
14. (a) You must follow the Tour Director’s or Coach Captain’s instructions at all times to ensure on tour safety. You acknowledge that failure to do so may result in restricted access to places of interest on tour, or if necessary for your own safety and/or that of other passengers, withdrawal from the Tour. (b) If we, or our staff or suppliers are of the view you are negatively affecting your own health, safety or environment or that of other passengers, we can oblige you to withdraw from the tour immediately. We will not be liable to you for any loss, cost or damage resulting from your withdrawal. If you are withdrawn from the tour, you must make your own return travel arrangements at your own expense. (c) You must make your own enquiries regarding your tour, including being aware of any relevant government travel or safety warnings.

Tour price
15. We reserve the right to increase/decrease our advertised tour prices at any time before your booking is confirmed. We also reserve the right to correct any errors in any tour price. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Once the tour price has been confirmed at the time of booking, clause 16 below will apply.

No surcharge guarantee
16. We guarantee that no surcharge will be added to the basic price of your holiday once your booking has been confirmed, irrespective of any fluctuation in currency exchange rates, increases in international air fares, or increases in other costs associated with your holiday. In return for this guarantee and its risk to us, we shall not be able to make any refunds in the event of favourable exchange rate variations or other decreases in costs which would otherwise result in the reduction of the selling price. This price promise does not apply to optional services including, but not limited to; visa charges, excursions and amendment fees.  the basic price of your holiday once your booking has been confirmed, irrespective of any fluctuation in currency exchange rates, increases in international air fares, or increases in other costs associated with your holiday. In
return for this guarantee and its risk to us, we shall not be able to make any refunds in the event of favourable exchange rate variations
or other decreases in costs which would otherwise result in the reduction of the selling price. This price promise does not apply to optional services including, but not limited to; visa charges, excursions and amendment fees.
The price promise excludes increases in airport or other taxes imposed by British or overseas governments, increases in Air Passenger Duty, or
any increases by British or overseas governments relating to improved passenger security. For bookings made within the balance due date and
prior to confirming your holiday we reserve the right to notify you of any price increases to your holiday as a result of any additional costs we
may incur.

Tour features
17. The features of the tour are set out in the tour brochure.

18. We make no representations about the features of any tour other than those expressly set out in the tour brochure and these terms and conditions.

Brochure validity
19. The tour brochure and these terms and conditions are valid for the departure dates as stated in the tour brochure, or additional departure dates we may introduce, unless otherwise expressly advised by us.

Variation or cancellation by us
20. Subject to clauses 21, 22 and 23, we reserve the right to alter or change the accommodation, carriers, vehicles, vessels or any other service(s)
which form part of any tour at any time for any reason and cancel or alter the itinerary and/or tour at any time without notice as we consider necessary for any reason whatsoever including road, weather or traffic conditions, non-performance of suppliers, industrial action, operational conditions and requirements, water level problems, excessive winds or Force Majeure. Errors in the details of advertised and/or confirmed tours and/or other details occasionally occur and we reserve the right to correct these whenever they occur.

21. In the event of industrial action affecting air, rail, cruise or other tour related transportation we will make every effort to contact the lead name and advise of alternative arrangements (if any).

22. Most changes made to a confirmed tour are minor. Occasionally, we have to make a significant change to or cancel a confirmed tour and we
must reserve the right to do so. A significant change is a change made before departure which, taking account of the information you give us at
the time of booking or which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a significant effect on
your tour. If we have to make a significant change or cancel, we will tell you as soon as possible.  If there is time to do so before departure, you
will be offered the following options: (a) (for significant changes) accepting the changed arrangements or (b) purchasing alternative
arrangements from us, of a similar standard to those booked if available, with you paying a supplement if the alternative arrangements are
more expensive than those originally booked or (c) cancelling or accepting the cancellation and receiving a full refund of all monies you have
paid to us. Please note, the above options are not available where any change made is a minor one.

23. If we have to make a significant change to or cancel a confirmed tour, we will in addition to the options set out in clause 22 pay you reasonable compensation if and as appropriate subject to the following exceptions. Compensation will not be payable and no liability beyond offering the options set out in clause 22 can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your tour has not been reached – see clause 3. No compensation will be payable and the options set out in clause 22 will not be available if we have to cancel as a result of your failure to comply with any requirement of these terms and conditions entitling us to cancel (such as paying on time). A change of flight time of less than 12 hours, airline (except as specified in clauses 51-54 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.

24. Very rarely, we may be forced by Force Majeure to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we will be unable to make any refunds (unless we obtain any refunds from our suppliers which we do not use to pay for alternative services), pay you any compensation or meet any costs or expenses you incur as a result.

Amendment or cancellation by you
25. If you wish to make any amendments to your confirmed booking you must notify us in writing as soon as possible. It may not always be possible to make such amendments. Where we can, an amendment fee of £75 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed.

26. You may cancel your booking by notice to us in writing and payment of the applicable cancellation fee as shown below. Cancellation notifications are not effective until received by us in writing (if received by us on a weekend day or public holiday the notification will be treated as having been received by us on the next working day). The following cancellation fees apply to each individual person who cancels and where shown as a percentage are based on the total cost of the arrangements which are being cancelled excluding any insurance premiums, amendment fee or previously incurred cancellation charges which are all non-refundable in the event of your cancellation:

CANCELLATION FEES
Period before your tour commences within which written notification of cancellation is received by us:

Tour cancellation periodFee per person
91 days and overLoss of Deposit
90 days to 75 days50% of holiday price
74 days to 60 days60% of holiday price
59 days to 30 days75% of holiday price
29 days or less100% of holiday price

NB Transferring to another departure date is treated as a cancellation and the cancellation fees above will apply. Depending on the reason for
cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims
must be made directly to the insurance company concerned.
Our liability
27. We will ensure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are
made, performed or provided with reasonable skill and care. This means that, subject to these terms and conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of us, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

28. We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
– the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
– the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or
– Force Majeure.

29. We cannot accept responsibility for any services which do not form part of our contract with you.
This includes, for example, any additional services or facilities which any hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our tour brochure as part of your tour and we have not agreed to arrange them as part of our contract and any excursion or other services you purchase during your tour. Where any such excursion or services are purchased through or with our assistance please note that we act only as booking agent.  Your contract will be with the operator or provider of the excursion or services in question.
We have no liability in relation to the same. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

30. The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the tour arrangements in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint complied with the then applicable local laws and regulations, the services will be treated as having been properly performed or provided.  This will be the case even if the arrangements did not comply with the laws and regulations of the UK which would have applied had those arrangements been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable tour participant to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 27. We do not make any representation or commitment that all services will comply with applicable local laws and regulations, and failure to comply does not automatically mean we have not exercised reasonable skill and care.

31. Where we are found liable for loss of and/ or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 32 below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment fees) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 32 below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.

32. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unedited and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 Protocol with effect from 31st December 2012) and COTIF, the Convention on International Travel by rail. Please note: where a carrier or hotelier would not be obliged to make any payment to you under and in accordance with the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.

33. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or,where we are responsible for them, our suppliers.  Additionally we cannot accept liability for any business losses including Self-employed loss of earnings.

34. You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out below., If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

Carriers
35. The carriers (including airlines, rail carriers and sea carriers used in association with the tours) are not responsible for statements in the tour brochure or any of its features.

36. The applicable conditions of sale / carriage in use by the carriers will apply to you. These may limit or exclude the carriers’ liability to you, usually in accordance with international conventions. Copies of these are available on request.

Force Majeure

37. Except where otherwise expressly stated in these terms and conditions we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of Force Majeure.

Risk and travel insurance
38. You acknowledge and accept that there are inherent risks associated with our tours for example events of Force Majeure, hazards of travelling in undeveloped areas, travel by boat, train, automobile, aircraft or other means of transportation particularly in underdeveloped countries or more remote locations, forces of nature, political unrest and accident, illness, epidemics or pandemics in regions without means of rapid evacuation or medical facilities. Baggage is entirely at your risk during the tour. We cannot accept any liability regarding the provision of medical care or the adequacy of any care that may be rendered.

39. Except as expressly set out in these terms and conditions you agree that we cannot accept any liability for, and you discharge and release us from all claims arising from or connected with any loss or harm suffered by you arising from any risk referred to in clause 38 or any other risk which you should have reasonably recognised as being inherent to your tour.

40. Distant Journeys cannot accept bookings for any persons without adequate travel insurance. We insist you take out appropriate travel insurance to cover as a minimum cancellation by you, loss of luggage, early return following death of a relative as defined in the respective proposal forms or emergency repatriation in the event of accident or illness for example. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
Itinerary changes and travel advice
41. During local or national holidays, certain facilities such as museums and restaurants, sightseeing tours and shopping may be limited or not available. Alternatives will be offered if possible.

42. Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Please see http://www.fco.gov.uk/en/travel-and-livingabroad/ or call the Foreign Office Travel Bureau on 0845 850 2829 for up to date information. The Foreign and Commonwealth Office may have issued information about your tour destination. You are advised to check this information before you travel.

Smoking
43. Smoking is not permitted inside tourist coaches and such other places as are prohibited by us or our suppliers from time to time. We will use reasonable endeavours to ensure there are frequent stops on any coach trip which are available for smoking, however we cannot guarantee these facilities will be available.

Baggage allowance
44. You are entitled to carry one suitcase per person with the total sum of its length, width and height not exceeding 160cm (63 inches) and weight 20kg (44 lbs). Hand luggage must have a total sum of its length, width and height not exceeding 115cm (45 inches) and weight 5kg (11lbs). Personal and valuable items such as make-up, cameras, medication, passport, money/credit cards etc. should be carried in a travel bag or on your person. You must ensure that luggage meets the weight requirements as overweight or oversize items will not be carried. Some carriers may impose a small surcharge per day for a second suitcase per person. Excess baggage is always at your cost.

Young travellers
45. Travellers who are less than 18 years old on the departure date must be accompanied by and share a room with an adult aged 18 or over. Children under 8 years of age cannot be accepted.

Complaints
46. If a problem occurs during your tour, you must advise our representative immediately so that steps can be taken to resolve the matter and you can continue to enjoy the remainder of your tour. You must also advise the supplier concerned. If you remain dissatisfied, any complaint must be made in writing to us giving full details within 30 days of the end of the tour. If you fail to follow this procedure, your right to claim compensation you may otherwise have been entitled to may be affected or even lost as a result.

Tour price and duration
47. All prices in this brochure are quoted in English pounds (Sterling). All prices in this brochure are believed to be correct to the best of our
knowledge at the time of printing but errors may occur and prices are subject to change.  You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking. The number of days duration stated in each itinerary includes day of departure and day of return. Tour durations may vary dependent on your choice of stopover and airline flight schedules and the itineraries in this brochure should be used as a guide only.

Included in your fare
48. All airfares from the UK in economy class (unless specified at the time of booking), coach travel and overseas transfers, service of a Tour Manager or Coach Captain (if applicable), porterage whilst on tour, airport transfers, meals as specified, accommodation as specified (please note, the third bed in a triple room may be a rollaway bed), sightseeing and admissions and other services as expressly indicated in the itinerary.

NOT included in your fare
49. Meals not specified in the itinerary, drinks unless specified in the itinerary, laundry, passport and visa fees, Dubai Tourism tax, expenses of a personal nature and any other items which are not expressly included in the cost of your tour. Changes to flight schedules may require additional overnight accommodation at either commencement or completion of tour which is at your own expense.

Airfare conditions
50. Your reservations consultant will book the most appropriate fare for your tour. Full details and conditions may be obtained from your travel consultant. Changes to original tickets will incur amendment or cancellation fees, are subject to availability and surcharges may apply. Please see clauses 25 and 26 above. Please note: all airfares are subject to routing restrictions. Airfares and applicable taxes are subject to increase without notice due to fare and tax changes, surcharges dependent on class available at time of booking and other factors outside our control. Please contact your travel consultant for the applicable rules and regulations.
At the time of booking please ensure you supply your first name and surname as they appear on your passport, as both of these must be stated on your flight ticket. You may not be able to travel if the name on your passport and documents do not match. Any costs for ticket changes due to an incorrect name on paperwork which has been sent to you, will result in the cost being incurred by you.

Flights
51. For flight inclusive tours, the flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. As flights only become available to book around 11 months in advance, we are only able to confirm upgrade prices on booking your flights. However,the actual flight times will be those shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as
possible if this occurs. Distant Journeys has no control over the allocation of seats by the airline, and even if you have requested directly with the airline to pre-book seats, no guarantees can be made. The provision of such seats does not constitute a term of your contract with Distant Journeys.

52. In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community List” which contains details of air carriers that are subject to an operating ban within the European Union. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. We are also required to advise you of the carrier(s)(or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. Any change in the identity of the carrier, flight timings, and/ or aircraft type (where advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these terms and conditions.  If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 22 to 23 will apply.

53. If you suffer a delay in your outbound travel arrangements, we will do our best to ensure you make the start of your tour or, if this cannot be achieved, join it as soon as possible. Any costs we incur in making any alternative arrangements in this situation will be your responsibility. In the event of a flight delay, the airline concerned may provide refreshments and/or other assistance depending on factors such as the length of the delay, time of day and number of passengers affected. We cannot accept liability for any delay which is due to any of the reasons set out in clause 28 (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time).

54. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If the airline does not comply with these rules, you may complain to the CAA on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – Referring Your Complaint to the CAA.

Passports and Visas
55. You must have a valid passport with at least 6 months validity following your return date. It is your responsibility to ensure any visas required for countries to be visited on the tour have been obtained prior to the tour departure date. Failure to obtain correct documentation will mean you may be unable to participate in particular excursions and may be denied boarding and/ or entry into certain countries. Passport and visa entry requirements and costs are your sole responsibility. We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

Electronic Travel Authority (ETA) – Australia
All foreign travellers to Australia, other than New Zealand citizens, require an Electronic Travel Authority (ETA) to travel and enter Australia. We are able to obtain this on your behalf, if requested, at a cost of £25 per person. If you do not require us to obtain the ETA, you must make your own arrangements, as you will not be able to travel without one.

e-Tourist Visa (e—TV) – India
British and Irish citizens are required to obtain an e-Tourist Visa (e-TV) prior to travelling to India. It is your responsibility to check if you are eligible for the e-TV before you apply. If you don’t hold a full British or Irish passport, you may require a full visa and will need to contact the Indian Embassy. All costs incurred in obtaining the visa must be paid be you.

56. A full British passport presently takes approximately two to six weeks to obtain. If you are 16 or over and have not yet got a passport, you should apply for one at least six weeks before your departure from the UK. The UK Passport Service has to confirm an applicant’s identity before issuing their first passport and will ask them to attend an interview in order to do this. If you are not a British citizen or hold a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are
intending to travel. Please note, all requirements may change and all clients must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.

57. Information on health is contained in the Department of Health leaflet T7.1 (Health Advice for Travellers) available from the Department of Health on 0870 1555 455 or via its website www. dh.gov.uk and most Post Offices. Advice may change and you should check the up to date position with your GP or local health / travel clinic in good time before departure.

Your Financial Protection
58. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims
may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

Coaches
59. To ensure all passengers have the opportunity to enjoy front and window seats, a daily seat rotation system is employed on all of our coaches and you must follow the seat rotation system.

60. If you suffer from travel sickness, you should arrange medication or other alternatives to treat symptoms as we cannot make allowances for this.

Clothing
61. We recommend casual and comfortable clothing. Please bring comfortable walking shoes for sightseeing. Dinner attire is generally smart casual. If travelling on Rovos Rail, evening attire is more formal – for gentlemen, a jacket and tie is a minimum requirement, while for ladies a cocktail /evening dress or suit is suggested.

Currency and credit cards
62. Currency will vary depending on your destination, please refer to your bank or local foreign exchange bureau. For small purchases in small towns, local currency is advantageous. Many locations accept major credit cards (fees may apply) and cash machines are located at some stops. Prior to departure you should confirm that your card and PIN will work in your destination countries.

Tour Manager
63. An experienced English-speaking Tour Manager OR Tour Managers OR Coach Captains accompany every tour. They are there to ensure your comfort, answer your questions and make your holiday relaxed and memorable.

Sightseeing tours
64. A number of towns and cities will be visited by way of walking tours and accordingly, a reasonable level of fitness is required as the sightseeing tour may involve steps and some walking over uneven surfaces.

65. Optional activities and dining are subject to availability, seasonal / operational factors and minimum / maximum numbers. More details on optional tours may be found on our website. On occasion, it may not be possible to arrange an included activity. Suitable alternatives will be arranged. Inclusions may also be subject to change.

Medical services
66. Medical services can usually be called rapidly.Medical costs are at client’s own expense. Australia has a Reciprocal Health Care Agreement (RHCA) with the UK Government which helps to cover visitors’ medical treatment within Australia. This can only be obtained whilst you are in Australia. Further details can be found at www.humanservices.gov.au/customer/services/medi care/reciprocal-health-care-agreements.
Distant Journeys is not responsible for the medical care provided. WE STRONGLY RECOMMEND SUITABLE AND ADEQUATE TRAVEL INSURANCE.

Images, photographs, maps and information
67. The photographs in the brochure and information provided represent typical scenes and descriptive detail for each tour, but it is possible that the subject matter may not be seen or experienced whilst on the tour itself. Some pictures may have been digitally enhanced.

68. All offers and pricing are subject to availability at the time of booking.

69. Maps or tour depictions contained in this brochure or any other brochures issued by Distant Journeys, are intended as an indication only and should not be relied upon as the actual route taken during the tour. Distant Journeys are not liable to you for any variation to the tour.

Amendments to terms and conditions
These terms and conditions may be subject to amendment from time to time. Amendments will be posted on the Distant Journeys website -www.distantjourneys.co.uk.

Distant Journeys terms and conditions from 2017 / 18 brochure

IMPORTANT: The following terms and conditions together with the general information contained in our tour brochure form the basis of your contract with Distant Journeys Limited. Please read them carefully as they set out our respective rights and obligations.

By asking us to confirm your booking, we are entitled to believe that you have had the opportunity to read and have read these booking conditions and agree to them. Except where otherwise stated, these booking conditions only apply to the tour arrangements shown in this brochure (including accommodation required both before and after your main holiday and activities and other services) which you book with us and pay for before departure from the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.

All references in these booking conditions to “holiday”, “booking”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated. Please be aware that your deposit is non-refundable.

In these booking conditions: “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include, but are not limited to (whether actual or threatened) war, terrorism, fire, flood or any other unusual weather conditions, loss of power, epidemics or pandemics, industrial disputes, slowdowns or other strike activities, riots or civil disturbances, acts of government, government agencies or other authorities, inability to obtain any necessary licence or consent through no fault of ours and any other event or circumstances beyond the control of us or any supplier of any part of your tour. “You”, “your” and “yourself” means each person who makes a booking with us for a tour and/ or who is named on the booking (including anyone who is added or substituted at a later stage) and, where appropriate, all such persons. “We”, “us” and “our” means Distant Journeys Limited trading as Distant Journeys.

Bookings

  1. All bookings are made pursuant to these terms and conditions.
  2. It is a condition of booking that you are fit and able to take care of yourself for the duration of the tour. We welcome passengers with disabilities or special needs provided they are accompanied by a companion capable of providing all assistance required. If you have any medical condition or disability which may affect your tour or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. We reserve the right to refuse to carry any person who we deem cannot fully care for themselves on tour without assistance or whenever we reasonably feel unable to accommodate the needs or restrictions of any particular passenger. We regret that we cannot provide individual assistance to a passenger for walking, dining, pushing their wheelchair, getting on and off motor coaches or other transportation vehicles, or other personal needs. Passengers who need such assistance must be accompanied by a companion who is capable of providing all assistance required. You must also notify us of any changes or deterioration in the disability or medical condition or development of any disability or medical condition after booking. We further reserve the right to cancel your booking and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the booking is made and/or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made at the time the person concerned joins the tour as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any passenger affected by a disability or medical condition must ensure they have notified this to their travel insurers and that their travel insurance will cover it. We may refuse to allow you on the tour or may have to terminate your participation in your tour if your mental or physical condition is such as to render you, in the reasonable opinion of any representative of ours or any carrier or other person in authority, incapable of caring for yourself or a hazard to yourself or other passengers. We will not be liable for any expenses arising from your being precluded from joining or completing the tour for any such reason and no refunds or compensation will be paid. Please note, the Milford Mariner overnight cruise on the Magnificent New Zealand tour is unable to accommodate wheelchair bound passengers.
  3. The operation of all tours is conditional on us securing the minimum number of bookings required to operate the tour and to ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, we reserve the right to cancel or change a scheduled tour. Please also see clauses 22 and 23. We will endeavour to make any decision to cancel or significantly change a tour no less than 60 days prior to the scheduled departure date of the tour but in any event will notify you no less than 30 days prior to the departure date of the tour.
  4. If you are a single passenger and your booking is not a ‘Happy to Share’ booking, the applicable single supplement will be added to your invoice at the time of your booking.
  5. If you are a single passenger and you have booked a ‘Happy to Share’ reservation and we have been unable to accommodate you with another passenger of the same gender we will accommodate you in a room by yourself throughout the tour at no additional cost. If we are able to match you, Distant Journeys cannot be responsible for the person you are sharing with. If you choose to change to a single room whilst on tour, you will be responsible for all the additional costs.
  6. For reservations which include The Ghan single passengers and those ‘Happy to Share’ passengers that we have been unable to pair you with another passenger of the same gender will be accommodated in single berth sleeper cabins with wash basin. Showers and toilets are available at the end of each compartment.‘Happy to Share’ passengers who have been paired up may be accommodated in either a twin share cabin or two single sleeper cabins.
  7. If you have any special requests (including dietary requirements) you must notify us at the time of booking. Please note special requests cannot be guaranteed. Failure to meet any special request will not be a breach of contract by us. Confirmation that a special request has been noted or passed on to the supplier of any service(s) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed by us in writing, all special requests are subject to availability. We cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. 8. To secure any booking, you must pay the applicable deposit or full payment if booking 90 days or less before the start of the tour. The deposit is £1,000 per person if travelling in economy flight class, £1,950 per person if travelling in premium economy class or £3,750 per person if travelling in business flight class. The deposit or full payment, as applicable, must be received by us within 7 days of booking to ensure your place on the tour is held.Bookings will be automatically cancelled if the applicable deposit or full payment, as applicable, is not received by us within this 7 day period and we will have no further liability to you. A payment supplement may apply to credit card transactions.9. Deposits are non-transferable and non-refundable except as expressly set out in these terms and conditions. We therefore recommend that you have adequate insurance to cover this.10. The balance of the tour price (after deduction of the applicable deposit) must be received by us no less than 90 days prior to the start of your tour. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to believe that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 26 depending on the date we reasonably treat your booking as cancelled.Credit card surcharge11. If you pay us by debit card or credit card, the following surcharges will be added to your tour price:
    Card typeFee on depositFee on all other payments
    Debit Card0%0%
    Credit Card1.2%1.2%

    12. Subject to availability we will confirm your booking by issuing our confirmation invoice. This invoice will be sent to the lead name on the booking (“Lead Name”). Please check this invoice carefully as soon as you receive it. Contact us immediately if any information on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We cannot accept any liability if not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

    13. A binding contract between you and us comes into existence when we dispatch our confirmation invoice for all bookings. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the Courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

    What are your tour obligations?
    14. (a) You must follow the Tour Director’s or Coach Captain’s instructions at all times to ensure on tour safety. You acknowledge that failure to do so may result in restricted access to places of interest on tour, or if necessary for your own safety and/or that of other passengers, withdrawal from the Tour. (b) If we, or our staff or suppliers are of the view you are negatively affecting your own health, safety or environment or that of other passengers, we can oblige you to withdraw from the tour immediately. We will not be liable to you for any loss, cost or damage resulting from your withdrawal. If you are withdrawn from the tour, you must make your own return travel arrangements at your own expense. (c) You must make your own enquiries regarding your tour, including being aware of any relevant government travel or safety warnings.

    Tour price
    15. We reserve the right to increase/decrease our advertised tour prices at any time before your booking is confirmed. We also reserve the right to correct any errors in any tour price. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Once the tour price has been confirmed at the time of booking, clause 16 below will apply.

    No surcharge guarantee
    16. We guarantee that no surcharge will be added to the basic price of your holiday once your booking has been confirmed, irrespective of any fluctuation in currency exchange rates, increases in international air fares, or increases in other costs associated with your holiday. In return for this guarantee and its risk to us, we shall not be able to make any refunds in the event of favourable exchange rate variations or other decreases in costs which would otherwise result in the reduction of the selling price. This price promise does not apply to optional services including, but not limited to; visa charges, excursions and amendment fees. The price promise excludes increases in airport or other taxes imposed by British or overseas governments, increases in Air Passenger Duty, or any increases by British or overseas governments relating to improved passenger security. For bookings made within the balance due date and prior to confirming your holiday we reserve the right to notify you of any price increases to your holiday as a result of any additional costs we may incur.

    Tour features
    17. The features of the tour are set out in the tour brochure.

    18. We make no representations about the features of any tour other than those expressly set out in the tour brochure and these terms and conditions.

    Brochure validity
    19. The tour brochure and these terms and conditions are valid for the departure dates as stated in the tour brochure, or additional departure dates we may introduce, unless otherwise expressly advised by us.

    Variation or cancellation by us
    20. Subject to clauses 21, 22 and 23, we reserve the right to alter or change the accommodation, carriers, vehicles, vessels or any other service(s) which form part of any tour at any time for any reason and cancel or alter the itinerary and/or tour at any time without notice as we consider necessary for any reason whatsoever including road, weather or traffic conditions, non-performance of suppliers, industrial action, operational conditions and requirements, water level problems, excessive winds or Force Majeure. Errors in the details of advertised and/or confirmed tours and/or other details occasionally occur and we reserve the right to correct these whenever they occur.

    21. In the event of industrial action affecting air, rail, cruise or other tour related transportation we will make every effort to contact the lead name and advise of alternative arrangements (if any).

    22. Most changes made to a confirmed tour are minor. Occasionally, we have to make a significant change to or cancel a confirmed tour and we must reserve the right to do so. A significant change is a change made before departure which, taking account of the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a significant effect on your tour. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, you will be offered the following options: (a) (for significant changes) accepting the changed arrangements or (b) purchasing alternative arrangements from us, of a similar standard to those booked if available, with you paying a supplement if the alternative arrangements are more expensive than those originally booked or (c) cancelling or accepting the cancellation and receiving a full refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one.

    23. If we have to make a significant change to or cancel a confirmed tour, we will in addition to the options set out in clause 22 pay you reasonable compensation if and as appropriate subject to the following exceptions. Compensation will not be payable and no liability beyond offering the options set out in clause 22 can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your tour has not been reached – see clause 3. No compensation will be payable and the options set out in clause 22 will not be available if we have to cancel as a result of your failure to comply with any requirement of these terms and conditions entitling us to cancel (such as paying on time). A change of flight time of less than 12 hours, airline (except as specified in clauses 51-54 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.

    24. Very rarely, we may be forced by Force Majeure to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we will be unable to make any refunds (unless we obtain any refunds from our suppliers which we do not use to pay for alternative services), pay you any compensation or meet any costs or expenses you incur as a result.

    Amendment or cancellation by you
    25. If you wish to make any amendments to your confirmed booking you must notify us in writing as soon as possible. It may not always be possible to make such amendments. Where we can, an amendment fee of £75 per person, per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed.

    26. You may cancel your booking by notice to us in writing and payment of the applicable cancellation fee as shown below. Cancellation notifications are not effective until received by us in writing (if received by us on a weekend day or public holiday the notification will be treated as having been received by us on the next working day). The following cancellation fees apply to each individual person who cancels and where shown as a percentage are based on the total cost of the arrangements which are being cancelled excluding any insurance premiums, amendment fee or previously incurred cancellation charges which are all non-refundable in the event of your cancellation:

    CANCELLATION FEES
    Period before your tour commences within which written notification of cancellation is received by us:

    Tour cancellation periodFee per person
    91 days and overLoss of Deposit
    90 days to 75 days50% of holiday price
    74 days to 60 days60% of holiday price
    59 days to 30 days75% of holiday price
    29 days or less100% of holiday price

    NB Transferring to another departure date is treated as a cancellation and the cancellation fees above will apply. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

    Our liability
    27. We will ensure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these terms and conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of us, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

    28. We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
    – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

    – the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or

    – Force Majeure.

    29. We cannot accept responsibility for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which any hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our tour brochure as part of your tour and we have not agreed to arrange them as part of our contract and any excursion or other services you purchase during your tour. Where any such excursion or services are purchased through or with our assistance, please note that we act only as booking agent. Your contract will be with the operator or provider of the excursion or services in question. We have no liability in relation to the same. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

    30. The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the tour arrangements in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint complied with the then applicable local laws and regulations, the services will be treated as having been properly performed or provided. This will be the case even if the arrangements did not comply with the laws and regulations of the UK which would have applied had those arrangements been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable tour participant to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 27. We do not make any representation or commitment that all services will comply with applicable local laws and regulations, and failure to comply does not automatically mean we have not exercised reasonable skill and care.

    31. Where we are found liable for loss of and/ or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 32 below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment fees) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 32 below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.

    32. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unedited and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 Protocol with effect from 31st December 2012) and COTIF, the Convention on International Travel by rail. Please note: where a carrier or hotelier would not be obliged to make any payment to you under and in accordance with the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.

    33. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including Self-employed loss of earnings.

    34. You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

    Carriers
    35. The carriers (including airlines, rail carriers and sea carriers used in association with the tours) are not responsible for statements in the tour brochure or any of its features.

    36. The applicable conditions of sale / carriage in use by the carriers will apply to you. These may limit or exclude the carriers’ liability to you, usually in accordance with international conventions. Copies of these are available on request.

    Force Majeure
    37. Except where otherwise expressly stated in these terms and conditions we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of Force Majeure.

    Risk and travel insurance
    38. You acknowledge and accept that there are inherent risks associated with our tours for example events of Force Majeure, hazards of travelling in undeveloped areas, travel by boat, train, automobile, aircraft or other means of transportation particularly in underdeveloped countries or more remote locations, forces of nature, political unrest and accident, illness, epidemics or pandemics in regions without means of rapid evacuation or medical facilities. Baggage is entirely at your risk during the tour. We cannot accept any liability regarding the provision of medical care or the adequacy of any care that may be rendered.

    39. Except as expressly set out in these terms and conditions you agree that we cannot accept any liability for, and you discharge and release us from all claims arising from or connected with any loss or harm suffered by you arising from any risk referred to in clause 38 or any other risk which you should have reasonably recognised as being inherent to your tour.

    40. Distant Journeys cannot accept bookings for any persons without adequate travel insurance. We insist you take out appropriate travel insurance to cover as a minimum cancellation by you, loss of luggage, early return following death of a relative as defined in the respective proposal forms or emergency repatriation in the event of accident or illness for example. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

    Itinerary changes and travel advice
    41. During local or national holidays, certain facilities such as museums and restaurants, sightseeing tours and shopping may be limited or not available. Alternatives will be offered if possible.

    42. Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Please see http://www.fco.gov.uk/en/travel-and-living-abroad/ or call the Foreign Office Travel Bureau on 0845 850 2829 for up to date information. The Foreign and Commonwealth Office may have issued information about your tour destination. You are advised to check this information before you travel.

    Smoking
    43. Smoking is not permitted inside tourist coaches and such other places as are prohibited by us or our suppliers from time to time. We will use reasonable endeavours to ensure there are frequent stops on any coach trip which are available for smoking, however we cannot guarantee these facilities will be available.

    Baggage allowance
    44. You are entitled to carry one suitcase per person with the total sum of its length, width and height not exceeding 160cm (63 inches) and weight 20kg (44 lbs). Hand luggage must have a total sum of its length, width and height not exceeding 115cm (45 inches) and weight 5kg (11lbs). Personal and valuable items such as make-up, cameras, medication, passport, money/credit cards etc. should be carried in a travel bag or on your person. You must ensure that luggage meets the weight requirements as overweight or oversize items will not be carried. Some carriers may impose a small surcharge per day for a second suitcase per person. Excess baggage is always at your cost.

    Young travellers
    45. Travellers who are less than 18 years old on the departure date must be accompanied by and share a room with an adult aged 18 or over. Children under 8 years of age cannot be accepted.

    Complaints
    46. If a problem occurs during your tour, you must advise our representative immediately so that steps can be taken to resolve the matter and you can continue to enjoy the remainder of your tour. You must also advise the supplier concerned. If you remain dissatisfied, any complaint must be made in writing to us giving full details within 30 days of the end of the tour. If you fail to follow this procedure, your right to claim compensation you may otherwise have been entitled to may be affected or even lost as a result.

    Tour price and duration
    47. All prices in this brochure are quoted in English pounds (Sterling). All prices in this brochure are believed to be correct to the best of our knowledge at the time of printing but errors may occur and prices are subject to change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking. The number of days duration stated in each itinerary includes day of departure and day of return. Tour durations may vary dependent on your choice of stopover and airline flight schedules and the itineraries in this brochure should be used as a guide only.

    Included in your fare
    48. All airfares from the UK in economy class (unless specified at the time of booking), coach travel and overseas transfers, service of a Tour Manger or Coach Captian (if applicable), porterage whilst on tour, airport transfers, meals as specified, accommodation as specified (please note, the third bed in a triple room may be a rollaway bed), sightseeing and admissions and other services as expressly indicated in the itinerary.

    NOT included in your fare
    49. Meals not specified in the itinerary, drinks unless specified in the itinerary, laundry, passport and visa fees, Dubai Tourism tax, expenses of a personal nature and any other items which are not expressly included in the cost of your tour. Changes to flight schedules may require additional overnight accommodation at either commencement or completion of tour which is at your own expense.

    Airfare conditions
    50. Your reservations consultant will book the most appropriate fare for your tour. Full details and conditions may be obtained from your travel consultant. Changes to original tickets will incur amendment or cancellation fees, are subject to availability and surcharges may apply. Please see clauses 25 and 26 above. Please note: all airfares are subject to routing restrictions. Airfares and applicable taxes are subject to increase without notice due to fare and tax changes, surcharges dependent on class available at time of booking and other factors outside our control. Please contact your travel consultant for the applicable rules and regulations. At the time of booking please ensure you supply your first name and surname as they appear on your passport, as both of these must be stated on your flight ticket. You may not be able to travel if the name on your passport and documents do not match. Any costs for ticket changes due to an incorrect name on paperwork which has been sent to you, will result in the cost being incurred by you.

    Flights
    51. For flight inclusive tours, the flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. As flights only become available to book around 11 months in advance, we are only able to confirm upgrade prices on booking your flights. However, the actual flight times will be those shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs. Distant Journeys has no control over the allocation of seats by the airline, and even if you have requested directly with the airline to pre-book seats, no guarantees can be made. The provision of such seats does not constitute a term of your contract with Distant Journeys.

    52. In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community List” which contains details of air carriers that are subject to an operating ban within the European Union. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. We are also required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. Any change in the identity of the carrier, flight timings, and/or aircraft type (where advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these terms and conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 22 to 23 will apply.

    53. If you suffer a delay in your outbound travel arrangements, we will do our best to ensure you make the start of your tour or, if this cannot be achieved, join it as soon as possible. Any costs we incur in making any alternative arrangements in this situation will be your responsibility. In the event of a flight delay, the airline concerned may provide refreshments and/or other assistance depending on factors such as the length of the delay, time of day and number of passengers affected. We cannot accept liability for any delay which is due to any of the reasons set out in clause 28 (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time).

    54. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If the airline does not comply with these rules, you may complain to the CAA on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – Referring Your Complaint to the CAA.

    Passports and Visas
    55. You must have a valid passport with at least 6 months validity following your return date. It is your responsibility to ensure any visas required for countries to be visited on the tour have been obtained prior to the tour departure date. Failure to obtain correct documentation will mean you may be unable to participate in particular excursions and may be denied boarding and/or entry into certain countries. Passport and visa entry requirements and costs are your sole responsibility. We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

    Electronic Travel Authority (ETA) – Australia
    All foreign travellers to Australia, other than New Zealand citizens, require an Electronic Travel Authority (ETA) to travel and enter Australia. We are able to obtain this on your behalf, if requested, at a cost of £25 per person. If you do not require us to obtain the ETA, you must make your own arrangements, as you will not be able to travel without one.

    56. A full British passport presently takes approximately two to six weeks to obtain. If you are 16 or over and have not yet got a passport, you should apply for one at least six weeks before your departure from the UK. The UK Passport Service has to confirm an applicant’s identity before issuing their first passport and will ask them to attend an interview in order to do this. If you are not a British citizen or hold a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. Please note, all requirements may change and all clients must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.

    57. Information on health is contained in the Department of Health leaflet T7.1 (Health Advice for Travellers) available from the Department of Health on 0870 1555 455 or via its website www.dh.gov.uk and most Post Offices. Advice may change and you should check the up to date position with your GP or local health / travel clinic in good time before departure.

    Your Financial Protection
    58. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

    Coaches
    59. Seat Rotation. To ensure all passengers have the opportunity to enjoy front and window seats, a daily seat rotation system is employed on all of our coaches and you must follow the seat rotation system.

    60. If you suffer from travel sickness, you should arrange medication or other alternatives to treat symptoms as we cannot make allowances for this.

    Clothing
    61. We recommend casual and comfortable clothing. Please bring comfortable walking shoes for sightseeing. Dinner attire is generally smart casual. If travelling on Rovos Rail, evening attire is more formal – for gentlemen, a jacket and tie is a minimum requirement, while for ladies a cocktail / evening dress or suit is suggested.

    Currency and credit cards
    62. Currency will vary depending on your destination, please refer to your bank or local foreign exchange bureau. For small purchases in small towns, local currency is advantageous. Many locations accept major credit cards (fees may apply) and cash machines are located at some stops. Prior to departure you should confirm that your card and PIN will work in your destination countries.

    Tour Manager
    63. An experienced English-speaking Tour Manager OR Tour Managers OR Coach Captains accompany every tour. They are there to ensure your comfort, answer your questions and make your holiday relaxed and memorable.

    Sightseeing tours
    64. A number of towns and cities will be visited by way of walking tours and accordingly, a reasonable level of fitness is required as the sightseeing tour may involve steps and some walking over uneven surfaces.

    65. Optional activities and dining are subject to availability, seasonal / operational factors and minimum / maximum numbers. More details on optional tours may be found on our website. On occasion, it may not be possible to arrange an included activity. Suitable alternatives will be arranged. Inclusions may also be subject to change.

    Medical services
    66. Medical services can usually be called rapidly. Medical costs are at client’s own expense. Australia has a Reciprocal Health Care Agreement (RHCA) with the UK Government which helps to cover visitors’ medical treatment within Australia. This can only be obtained whilst you are in Australia. Further details can be found at www.humanservices.gov.au/customer/services/medi care/reciprocal-health-care-agreements. Distant Journeys is not responsible for the medical care provided. WE STRONGLY RECOMMEND SUITABLE AND ADEQUATE TRAVEL INSURANCE.

    Images, photographs, maps and information
    67. The photographs in the brochure and information provided represent typical scenes and descriptive detail for each tour, but it is possible that the subject matter may not be seen or experienced whilst on the tour itself. Some pictures may have been digitally enhanced.

    68. All offers and pricing are subject to availability at the time of booking.

    69. Maps or tour depictions contained in this brochure or any other brochures issued by Distant Journeys, are intended as an indication only and should not be relied upon as the actual route taken during the tour. Distant Journeys are not liable to you for any variation to the tour.

    Amendments to terms and conditions
    These terms and conditions may be subject to amendment from time to time. Amendments will be posted on the Distant Journeys website www.distantjourneys.co.uk.

99%

of our customers are
happy with our service

  • ‘From the very first phone call we made they have delivered excellent service – friendly, reassuring, professional and nothing was too much for them to do’
    Mr & Mrs Payne, West Yorkshire

    Mr & Mrs Payne, Wonders of Australia
  • ‘Great holiday, we had the freedom to do our own thing when it suited as well as a range of excursions when we needed them. The Ghan train and the Great Barrier Reef experiences were first class’ Mr & Mrs Parry, Cheshire

    Mr & Mrs Parry, Wonders of Australia
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