Booking Terms and Conditions

YOUR CONTRACT IS WITH FAHMY LTD (Registration No 6202550 UK) TRADING AS EXPLORE TRAVEL AND CRUISES.COM & EXPLORE EGYPT.CO.UK
A MEMBER OF ATOL (10313) & ASTA

Holiday Contract

Please read the following booking conditions together with our privacy and data protection policy carefully as they set out the terms and conditions of your booking reading it now may help to avoid problems later. When you make your booking you are guaranteeing that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation client invoice and a booking reference number is produced.

Your contract will be governed by English Law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes.

If you are not happy after reading the conditions to continue with your booking please advise us within 7 days of receiving your confirmation invoice. Your booking will be cancelled and money returned according to the terms of our cancellation policy. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.

No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.

ASTA Member

We are a member of ASTA, membership number 900189723.

ASTA, short for the American Society of Travel Agents, is the world’s largest association of travel professionals. Their members include travel agents and the companies whose products they sell such as tours, cruises, hotels, car rentals, etc. They are a leading advocate for travel agents, the travel industry and the travelling public.

We are obliged to maintain a high standard of service and abide by ASTA’s strict Code of Ethics. All ASTA members pledge themselves to conduct their business activities in a manner that promotes the ideal of integrity in travel and agree to act in accordance with the applicable sections the ASTA Code of Ethics. See www.asta.org for more information.

Tour Pricing & Payment terms

We reserve the right to alter the prices of any holidays shown on our website or in our brochure. You will be advised of the current price for your holiday before your contract is confirmed.

When you make a booking with us you must pay the applicable deposit or full payment. There will be a 10% deposit to be paid at the time of booking. For some tours and tailor made requests this deposit may be higher and will be advised at the time of booking. For holidays booked over a year in advance with a £100 holding deposit this deposit is non-refundable but transferable if your planned dates of travel change. For some cruise holidays the full balance will be required at booking and you will be informed of this via your client invoice. For all bookings that include the International flight a higher deposit will be requested and includes the non-refundable flight payment. Please ensure that your travel insurance is in place from the time of booking. The balance of your payment will be due not less than 12 weeks  (84 days)  before your departure date. If you book within the balance due date less than 12 weeks (84 days) you must pay the total price of the holiday at the time you book. All payments made to us by credit card are subject to a charge of 3% (£3 per £100). We reserve the right to increase the charge if the card issuer’s charges to us increases. We will advise you of this before taking any payment by credit card. There is no charge for debit cards or bank transfers made in the UK. Bank transfers from outside the UK may be subject to a bank charge in the originating country. If your deposit and/or the balance is not paid in time we reserve the right to cancel your travel arrangements. The price of your holiday/tour is calculated at the exchange rate quoted by “Financial Times Guide to World Currencies” at the date of your initial enquiry and may be adjusted and you will be advised at the time of your booking confirmation. We reserve the right to alter any of the services offered to you online or in our brochures at any time prior to the issue of our confirmation invoice when a contract will exist.

Credit card fraud contingency If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined or if you have supplied incorrect credit card information. We also reserve the right to do random checks (including the electoral roll) in order to minimise credit card fraud. As a result of this, before issuing tickets we may require you to provide us with a fax or postal copy of proof of address, a copy of your credit card and a recent statement.

All clients whether making a booking in person or by phone, in writing or by email will be deemed to have agreed to our terms and conditions. The person making the booking must be at least 18 years old and has the full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking, He/she also consents to our use of information in accordance with our Privacy and Data Protection Policy and confirm that all such persons are fully aware of and accept these terms and conditions including advising us of the following:
a. That no traveller suffers from any pre-exisiting medical condition or disability which will or may affect their tour arrangements.  Please contact us before booking for advice if this applies.

Consumer Protection

Air holidays and flights are ATOL protected, since we hold Air Traffic Organiser’s License No 10313 granted by Civil Aviation Authority. The price of your holiday includes the amount of £2.50 per person as part of the ATOL contribution (APC) we pay to the Air Travel Trust Fund. If the amount we are charged increases, the price you pay will increase accordingly. For further information, visit the ATOL website at www.atol.org.uk.

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 (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 any of the details change more than 72 hours prior to your departure we will issue you with an amended certificate. If it is less than 72 hours to departure we will note the changes on our business system only and no amended certificate will be issued.

All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But if you decide to arrange your own flights ATOL protection may not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

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.

Once a confirmation client invoice has been issued any increase in your holiday price will be as a result of changes and increases in our costs resulting from:

Increase in transport costs, such as fuel surcharges, airport charges, air passenger duty or any other charges which form part of our contract with the transport suppliers.

Government actions such as increases in VAT, or any other government imposed increases such as local tourist tax.

Flights – Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If you are delayed for a reason other than Force Majeure and in respect of the main flights included in your Holiday, if the delay exceeds 4 hours we will ensure that you receive light refreshments; if it exceeds 6 hours, you will receive a main meal and in the event of a longer delay, wherever possible, you will receive meals and accommodation appropriate for the time of day. We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. 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) or any change in the identity of the actual carrier(s) as soon as we become aware of this. The carrier(s), flight timings and types of aircraft shown in the brochure, website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be dispatched to you by email 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. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges. Our brochures  and website are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that, in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of age on the day of its return flight. Please note the existence of a ‘community list’ (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.

Currency fluctuations – we will absorb and not charge an increase in your holiday cost of an equivalent to 2% of the price of your holiday arrangements. You will be charged for any increase over and above that together with any additional commission amount if you have booked through an agent. If this means that you have to pay an increase of more than 10% of the price of your holiday, you will have the option to change onto another holiday option if we are able to offer one, (If this option is the same a higher quality then you will not have to pay more but if it is of a lower standard then you will receive a refund in the difference of price, if any), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.

Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you.  However travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. There will be no change made to the price of your holiday within 30 days of your departure nor will refunds be paid during this period.

If you have a complaint

If you have a problem during your holiday please tell both the relevant supplier and your tour manager or agent straight away who will try to put things right.  If the problem is not resolved satisfactorily locally please follow this up in writing within 28 days of your return home.  Write to us at Explore Travel and Cruises 24 Wellington Place, Ash Vale, Surrey, GU12 5AL, giving us the details.  Please keep this letter concise and to the point.

If you fail to follow this requested procedure we will have been deprived of the chance to look into the circumstances and rectify your complaint while you were on holiday and this may affect your rights under this contract.

If you change or cancel your booking

Once your client confirmation invoice has been issued, if you wish to change any of your travel arrangements, for example your accommodation, date of departure, number of passengers, we will do our utmost to make these changes, but it may not always be possible. You must make your request in writing by the person who made the booking either directly to us or through the travel agent you booked with. You will be asked to pay an administration charge as shown below and any other costs we may incur in making the requested changes. It will not be possible to make changes to your departure date or chosen holiday within 30 days of your departure date, although you may be able to transfer the booking to another person if you give us not less than 30 days notice. Where we are unable to assist any change request and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.

The price of any new travel arrangement will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your holiday arrangements with us.

Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation of up to 100% of that part of the arrangements.

Charges for changes 30 days or more prior to departure:

Name Change – £25 per person

Date or tour change – £25 per person

Accommodation including any cruise cabin – £25 per person

If you cancel your booking you will be subject to our cancellation policy:

100% 2 weeks prior the date of arrival (14 to 0 days)

28 days and less for any cruise holidays including any river cruises including Dahabiya Dream

30 days and less if required by a particular supplier or special offer this will be detailed on your client invoice

50% 4 weeks prior the date of arrival (28 to 15 days)

6 weeks prior to the date of arrival (41 to 22 days) for any cruise holidays including river cruises

25% 10 weeks prior the date of arrival (70 to 29 days)

40% for any cruise holidays including river cruises (70 days to 42 days)

10%

Secret Escapes bookings deposit

More than 70 days

Non-refundable

100% For any international or domestic flight tickets once booked regardless of no of days prior to holiday

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

You are advised to make sure that your policy has sufficient financial protection to cover you in the event of cancellation.

Please note that some arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangement.

If we change or cancel your holiday

Occasionally we may need to make some changes to your booked holiday and we reserve the right to do so at any time including while you are on your holiday. Nearly always these changes are minor and we will advise you or your agent of these at the earliest date we can. We also reserve the right to cancel your holiday under any circumstance.

If the change to your holiday is a major one we will tell you or your agent as soon as is reasonably possible if there is time before your departure. If the change is while you are on holiday this will be because it is a Force Majeure situation, or a change in the schedule due to changes such as Country regulations, border controls, or local restrictions put in place at the time.

All group themed weeks booked for Dahabiya Dream are subject to a minimum number of passengers. The normal number is 10 but does vary from tour to tour. All group theme week departures for Dahabiya Dream are reviewed at least 10 weeks before the departure date and this is the latest date that a tour will be cancelled on account of low numbers unless cancelled by a third party supplier that is out of our control. In this event you will be offered an alternative holiday or a full refund excluding any International or domestic flights already booked.

Force Majeure

There may be times when circumstances are out of our control, and this is known as Force Majeure: This means we will not be held responsible for any losses incurred or pay any compensation if we have to change your travel arrangements in any way, even with all due care because of unusual or unforeseeable circumstances beyond our control. These can include but are not limited to, for example, war, riot, industrial dispute, border police requirements, terrorist activity and its consequences or the threat of such activity, natural or nuclear disaster, pandemic illness, chemical or biological disaster fire, adverse weather conditions (actual or threatened). The act of any government or other national or local authority including port or river authorities, lock closures, river conditions and all similar events outside our or the supplier(s) concerned’s control.  Advice from the Foreign and Commonwealth Office to avoid or leave a particular country may constitute Force Majeure.  We will follow the advice given by the Foreign Office.

Contacting You

If you enquire via our website and contacted us via email, we will communicate with you using the email address you have provided. We will use this to supply you, for example, with your client booking and invoice, e-tickets, accommodation and cruise vouchers and other information relating to your holiday. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. You may still contact us via telephone or in writing.

Optional Services

We provide you with the choice to add optional extras to your holiday which can be in addition to your itinerary and the price for any extension, accommodation upgrade, flight upgrades, or change in internal flights may result in additional charges either when you book or if they are added after you have booked. You will be notified of any additional charges before you make a final decision to add these optional extras to your holiday.

If you book any optional activities or excursions which are not part of your pre-booked holiday or not offered by us but are available in the area you are visiting, we have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us.  They are provided by local operators or other providers who are totally independent of us and they may or may not have their own public liability insurance.  They do not form any part of your contract with us even where we suggest particular operators/providers and/or assist you in booking such activities or excursions in any way.

If you book any optional tours that are offered by us in Egypt then as the tour operator in Egypt we will carry out those optional tours. To ensure your safety and delivery of the optional service all optional
tours while aboard the Dahabiya Dream, must be booked through us and will become part of your package holiday.

We do not guarantee that any optional activity or excursion mentioned on our website or in any brochure or elsewhere will be available to book during your holiday and/or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons.  All prices quoted in advance are an indication only.  We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised. This includes any transport to and from any such booked activities..

Tour participation and client responsibility

Clients agree to accept the authority and decisions of the Company’s employees, tour leaders and agents whilst on tour with the Company. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of a 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 proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs.  You must promptly tell us if any medical condition or disability which may affect your holiday or tour or the tour arrangements of another person develops after your booking has been confirmed.

We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/ flight, as well as using our reasonable skill and care in choosing our suppliers.

In respect of Packages and other arrangements we will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: 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 arrangements and which were unforeseeable or unavoidable or ‘Force Majeure’ as defined above.

Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.

Website/Brochure/Advertising material accuracy

The information contained on our website, in any brochure or any other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However errors can occasionally occur and information may subsequently change.  You must ensure you check all the details of your chosen holiday or tour, including the price, with us or your travel agent at the time of booking. You can do this by emailing holidays@exploretravelandcruises.com or calling us on 0845 845 3536, or direct with your own travel agent.

Child safety and rates

Should you be travelling with young children, we recommend that you advise us at the time of the booking. The safety of your children is of utmost importance to us, however, we must stress that it is important for you to remain vigilant at all times during your holiday to ensure their safety. The different pricing rates for children will be detailed in your holiday itinerary and booking invoice. For any flights booked we will charge flight costs according to the Airline’s own policy and terms and conditions.

Pregnancy note

Airline regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel. Normally after 32 weeks permission to travel is refused however, Airlines have different policies and we would need to check as to whether they will agree to carry you, prior to confirming your holiday. It is imperative that you notify us of your pregnancy at the time of booking or as at such time you become aware.

Flights and other Travel Timings

Flight timings are provided by airlines and are subject to Air Traffic control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time and unforeseeable action on the part of government offices or staff. There is no guarantee that transport will depart at the times especially in developing countries as stated on any itinerary or tickets or vouchers which you receive. All timings are estimates only; we do not have any liability to you for any delay, which may arise, or for any schedule alterations.

Travel Documents and Health Advice

Passengers must have passports valid for 6 months from their return date. It is most important that your passport contains the correct visa for your journey and passport holders need to ensure this is obtained. You need to advise us at the time of booking what kind of passport you own and we will be happy to advise you accordingly, however it is the sole responsibility of the passport holder to ensure that his or her passport is valid and obtains the correct visa and travel documents for their journey.
Your specific passport, visa and any immigration requirements, are your responsibility and you need to confirm these with the relevant Embassies/or Consulates before you travel. We do not take any responsibility if you are unable to travel or are refused entry because you have not complied with the requirements for passports, visas and immigration rules. For more information please visit the Passport service website at www.ips.gov.uk.  Holders of non UK passports should always check with their embassy, consulate or high commission before booking. For information regarding visas to Egypt, please call the Egyptian Consulate on 0207 235 9777 or visit www.egyptianconsulate.co.uk.
For any other Country you are visiting please check their own embassy website online.
It is the responsibility of all passengers to ensure that they check any inoculation and health requirements they may need before they travel and ensure that they obtain and are in possession of any required vaccination certificates for the whole journey and tour. Please consult your doctor, practice nurse or travel health clinic for advice at least 2 months before you travel to make sure there is adequate time for any inoculations you may need. For up to date UK Government health and travel advice please visit www.fco.gov.uk/knowbeforeyougo or call 0845 850 2829
Please note that hygiene standards, particularly in developing destinations, are generally lower than in the UK, USA or Europe. Extra care should be taken by pregnant women, infants and the elderly and it is advisable to consult your GP or medical practitioner before booking if you have any concerns.
Information about these matters or related items such as climate, clothing, baggage, personal gear and items etc is given in good faith and without responsibility on the part of the company. We regret we cannot accept any responsibility if you are refused entry on any transport or into any Country due to failure on your part to carry all the required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us then you will be responsible for reimbursing us accordingly.

Scuba Diving

We strongly advise those planning to take scuba diving training to have a full medical examination in your resort (for which there may be a monetary charge) or consult your GP or medical practitioner before you go on holiday. It is dangerous to fly less than 24 hours after scuba diving due to the changes in pressure which may result in the “bends” or even, in severe cases, paralysis. You must ensure you have adequate cover through your chosen insurance provider.

Travel Insurance Protection

Fahmy Ltd T/A Explore Travel and Cruises.com and Explore Egypt do not provide travel insurance protection and we ask that all clients ensure they take out and insurance policy that covers all of their financial and medical needs, repatriation costs, personal injury, death, loss of baggage and cancellation and curtailment. If you do not have adequate insurance at the time of your booking you may be personally liable for any cancellation charges and we reserve the right to reclaim from you any medical repatriation or other expenses that we may incur on your behalf, which would otherwise have been met by insurers.
It is vital that you familiarise yourself with the details and conditions of your policy and that you notify your insurance provider of any pre-existing medical conditions. Failure to do this can invalidate the insurance cover provided.
Clients making their own insurance arrangements must ensure there are no exclusion clauses limiting or excluding protection for the type of activities that are included in their tour booked and that all travel insurance purchased meets their particular requirements and arrange supplementary insurance if need be.

Data Protection

For our full details on data protection please see our data protection and privacy policy on our website.  If you require of copy of these printed and posted to you please advise us as will be happy to provide them to you.

We collect details in order to process your booking and provide your tours and to help us give you a more personal service.  These details include, where applicable, the names and contact details of the party members, credit or debit card or other payment details and special requirements such as those relating to any medical condition or disability which may affect your chosen holiday and any dietary requirements which may disclose your religious beliefs.  If we need any other personal details we will tell you before we obtain them from you.

We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided, for example your hotel, airline, and other suppliers.  Please see the full policy for details.

We do not pass on any of your details to sell, rent, trade or pass on any of your personal information for any purpose. We do not store any of your credit/debit card details other than to process the booking you have made and to collect the relevant payment.

Our privacy statement may change at various times and so  ask you to check our privacy statement for up to date information.

Explore Travel and Cruises and Explore Egypt are trading names for FAHMY LTD Company Registration No: 6202550 UK.

ATOL License No 10313. USA ASTA No: 900189723. Egypt Branch REG No: 1403.

Updated 17th November 2015