The following conditions will form part of your contract with Bonamy so please read them carefully before you book. Please note that payment of your deposit signifies acceptance of the below terms and conditions:
Your contract with Bonamy
1.1 Your Contract with Bonamy Travel Limited, trading as ‘Bonamy’ or ‘Bonamy Travel’ (‘Bonamy’, ‘we’, ‘us’, ‘our’, as applicable), incorporates (i) the details of your holiday set out in the Invoice which includes the Itinerary and the Itinerary Price, (ii) the Confirmed Itinerary and (iii) these terms and conditions (‘T&Cs’) (together the ‘Contract Documentation’) all of which together constitute the entire Contract between us and supersede and replace any and all earlier conversations and correspondence between us and are binding on the parties unless and until otherwise agreed in writing in accordance with clause 10.
1.2 Before making a booking and entering into this Contract with us, you should take the time to review and check the Contract Documentation and to raise any queries you may have with us. By completing the booking procedure in accordance with clause 2.1 of these T&Cs, you confirm that you have done so and, if you have raised any query, that you have received and understood our reply or replies.
2.1 The Itinerary and the Itinerary Price in the Invoice we send to you remain valid for 7 days from the date you receive them unless otherwise agreed in writing by us and subject to correction by us of any inadvertent error or update notified to us by a supplier of travel services and confirmed to you in writing. If you wish to book your holiday in accordance with the Itinerary and at the Itinerary Price subject to such any correction or update, please:
(a) confirm your acceptance of the Itinerary and the Itinerary Price in writing which may be by email (please refer to clause 10), and
(b) pay (i) the full costs of all flights and (ii) the Deposit (which is 25% of the remainder of the Itinerary Price after the deduction of flight costs) in the sum stated in the Invoice so that our account is credited in both cases not later than 7 days from the date you receive the Invoice, unless the proposed departure date for your holiday is within 12 weeks of the date you receive it in which case please:
(c) confirm your acceptance of the Itinerary and Itinerary price in writing, and
(d) pay the Itinerary price in full so that our account is credited in both cases not later than 7 days from the date you receive the Itinerary and the Itinerary Price.
2.2 If you wish to pay by credit or debit card and provide your card details to us, you thereby authorise us to charge your card in accordance with the Invoice and the applicable provisions of clause 2.1.
2.3 If, for any reason, you do not comply with the time limits in clause 2.1, there is no contract and we are entitled, should circumstances so dictate, to revise the Itinerary and/or Itinerary Price and, should you so request us to do so, to send you a revised Itinerary and/or Itinerary Price to which the terms of clause 2.1 and this clause 2.3 shall apply afresh.
2.4 A binding contract comes into existence between us only when we receive, in accordance with clause 2.1 and the timings set out in it, both:
(a) your written acceptance, and
(b) (i) the full costs of all flights and (ii) the Deposit (which is 25% of the remainder of the Itinerary Price after the deduction of flight costs) in the sum stated in the Invoice), or
(c) when the booking is made less than 12 weeks before your departure date, full payment for the holiday.
No contract will exist between the parties until such payments have been received and cleared by our bank.
2.5 Where you confirm your acceptance of the Itinerary and Itinerary Price in writing and pay the sum due under clause 2.1 (and it is received in our account and cleared by our bank) but do so outside the period specified in that clause, we reserve the right, in our absolute discretion, to notify you that, notwithstanding your failure to comply with the time limit, we accept that the Contract has been entered into between us but we are under no obligation to do so. Should we elect not to confirm that a Contract has been entered into between us, we will refund to you payments made by you after deducting all reasonable administrative costs and bank charges related to such refund.
2.6 When the Deposit has been paid in accordance with clause 2.1, you agree to pay to us the outstanding balance, including all sums notified to you in accordance with clause 5(b), so that our account is credited no later than 12 weeks before your departure date.
2.7 If full payment is not received 12 weeks before the departure date in accordance with clause 2.6, we reserve the right to treat the Contract as terminated by you and to apply the provisions of clause 6. You agree that in the event of such termination, we have no further liability to you whatsoever.
2.8 In the event that we are entitled to treat the Contract as terminated by you under clause 2.7 and to apply the provisions of clause 6, you agree that we may in the alternative and in our absolute discretion, in circumstances where you have provided us with your credit or debit card details (whether to make a payment on account or not), use such credit or debit card details to obtain payment of any balance on it becoming due under this Contract and to treat you as having complied with your obligations under clause 2.6 unless you notify us in writing to the contrary before the date upon which any such balance becomes payable by you in which case we will treat the Contract as having been terminated by you and apply the provisions of clause 6.
2.9 The lead booking name agrees to make full payment on behalf of all persons in the holiday party and to take all such steps as are necessary to ensure that all those in the booking party (including anyone added or substituted at a later stage) are aware of and have read the Contract Documentation, including these T&Cs, and agree to be bound by the Contract. By entering into the Contract in accordance with clause 2.1, the lead booking name confirms that he or she has complied with this condition and to provide confirmation in writing if so requested by us.
Medical conditions and disabilities
3.1 We have invited you in our pre-contract information to provide us with details of any medical condition or disability which may affect the arrangements for the holiday or your enjoyment or the enjoyment of any person in your party of the holiday so that we may advise on the suitability or otherwise of the proposed itinerary.
3.2 You agree to provide in writing all relevant details of any and all such conditions and disabilities no later than when you confirm your acceptance under clause 2.1(a) or (c) and further agree that, where you are obliged to provide such details, no contract is entered into between us until we confirm in writing that we have reviewed the details and that the holiday is suitable.
3.3 If we reasonably feel unable properly to accommodate the particular needs of the person concerned, we reserve the right to decline the booking or, if full details are not given at the time of booking, to terminate the Contract when we become aware of these details and apply the provisions of clause 6.
Documentation, travel arrangements and travel insurance
4.1 You agree, as soon as you receive them, to read and check the details of the Contract Documentation, tickets and all other information we send to you related to your holiday under the Contract and to notify us immediately, and in any event no later than 7 days from receipt, if any details or information appear to be incorrect.
4.2 You agree that we shall not be liable to you in any way for costs, expenses, damage, loss of enjoyment or inconvenience of whatever nature resulting from errors in any documentation to which reference is made in clause 4.1 unless you notify us of any error or inaccuracy within 7 days of receipt and that, in the event of a failure to notify us within 7 days, you will be responsible for any costs and expenses involved in rectifying any errors and/or inaccuracies except where any such error or inaccuracy is directly attributable to us.
4.3 Without prejudice to the provisions of clauses 4.1 and 4.2, we are not liable to you for any booking error related to the holiday covered by the Contract which is either attributable to you or caused by unavoidable and extraordinary circumstances.
4.4 You agree that it is your sole responsibility to apply for and check the accuracy of and to keep safely and not mislay or lose all passports, visas and other travel documents, vaccination, inoculation and other medical certificates having, in good time, sought and acted on appropriate medical advice for the destinations covered by your Itinerary, and to check all departure times and changes to them made by the carrier or other provider of the travel service and to ensure that you are at the place of departure in good time to check in and complete any and all formal requirements related to your travel and that we are not liable to you in any way for costs, expenses, damage, loss of enjoyment or inconvenience of whatever nature resulting from any failure by you or any person in your party participating in the holiday to comply with these obligations.
4.5 You agree that any general advice given to you orally, on our website or contained in any other of our documentation or literature before the conclusion of the Contract about the destinations covered by your holiday, travel documents, local medical or health precautions or other requirements covered by your sole responsibility under clause 4.4 does not, unless expressly included in the Contract by us in writing, form part of the Contract and does not constitute a representation upon which you rely in entering into the Contract and is replaced and superseded by the advice and guidance you receive from those you contact for the purposes of fulfilling your obligations under clause 4.4.
4.6 You agree to take out appropriate travel insurance to protect you and persons in your party participating in the holiday against all relevant risks including medical and repatriation cover in the event of accident, illness or death and the costs of termination of the Contract by you and that we are not liable to you in any way, in the event of your failure to take out such cover or to comply with the terms of the policy, for costs, expenses, damage, loss of enjoyment or inconvenience of whatever nature resulting from events which should have been covered by such insurance.
Changes to the Contract before the start of the holiday
(a) Transfer and requests by you to change the Itinerary
5.1 Before the start of your holiday, you may transfer the Contract to a person who satisfies all the conditions applicable to the Contract provided that you give us notice in writing not less than 7 clear working days before the day on which the holiday starts and provided also that you pay to us all additional fees, charges and/or other costs (‘transfer costs’) arising from the transfer of which we notify you in writing, such payment to be credited to our account no later than 7 days after you receive such notification.
5.2 If you request a change to your Itinerary in writing to us after the Deposit has been paid and more than 12 weeks before the departure date, we will do our utmost, but cannot guarantee that it will be possible, to make the change or changes requested. Every change is subject to a charge of £100 per person per change (‘amendment charges’) which must be paid to us before the change can become effective and part of the Contract.
5.3 It is not usually possible to make alterations to your Itinerary within 12 weeks of departure and if, having made such a request and having been so informed, you do not then wish to proceed with the original Itinerary, we will treat any such request as a cancellation of the Contract by you and apply the provisions of clause 6.
(b) Changes to the Itinerary Price
5.4 You agree that, once the Contract has been entered into, we may increase the Itinerary Price provided that the increase exceeds 2% of the Itinerary Price and is a direct consequence of changes in:
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources, and/or
(b) the level of taxes or fees on the travel services included in the Contract imposed by third parties not directly involved in the performance of the Contract, including tourist taxes, landing taxes and/or embarkation or disembarkation fees at airports and ports, and/or
(c) the exchange rates relevant to the holiday and the provision of services necessary for its performance under the Contract provided that we notify you in writing of such increase and the reasons for it together with a calculation of the increase at the latest 20 days before the start of your holiday.
5.5 Once the Contract has been entered into, you are entitled to a reduction in the Itinerary Price corresponding to a decrease in the costs referred to in clause 5.3 (a) – (c) which occur before the start of the holiday provided that such decrease exceeds 2% of the Itinerary Price.
5.6 The revisions to the Itinerary Price in clauses 5.4 and 5.5 shall be calculated by taking the increases or decreases directly relating to the changes in cost of fuel or other power sources, taxes or fees and/or exchange rates to which reference is made in clause 5.4 (a) – (c) and, after adding or deducting our reasonable administrative costs and bank charges directly related to this exercise, adding them to or subtracting them from the Itinerary Price as applicable.
5.7 The provisions of clauses 5.4 – 5.7 inclusive shall apply to each new set of circumstances giving rise to an increase or decrease exceeding 2% of the Itinerary Price.
5.8 In the event that an increase or, taken together, increases in the Itinerary Price of which we notify you under clause 5.4 exceeds or exceed 8% of the Itinerary Price, you are entitled to rely on the provisions of clause 5.10.
(c) Insignificant changes to terms of the holiday
5.9 You agree that, once the Contract is concluded, we may change the Itinerary and other details of the holiday (other than the Itinerary Price which may be changed in accordance with clause 5.4) provided that the change or changes is or are insignificant and that we inform you of them in writing.
(d) Significant changes to terms of the holiday
5.10 In the event that, before the start of the holiday:
(a) we are constrained by circumstances beyond our control to alter significantly any of the main elements of your holiday included in the Contract, and/or
(b) cannot fulfil any special requirements which you have and which have been included in the Contract, and/or
(c) propose to increase the Itinerary Price in accordance with clause 5.4 by more than 8% of the Itinerary Price, we will notify you in writing of:
(d) the proposed changes and, where appropriate, their impact on the Itinerary Price,
(e) a reasonable period (which shall not be shorter than 7 days unless the holiday is due to start 7 or fewer days from and including the date of notification by us) within which you must inform us of your decision under clause 5.11, and
(f) any substitute holiday (or part of the holiday as applicable) which we are in a position to offer to you and which, if possible, is of at least equivalent quality and the price of such substitute holiday or part.
5.11 In the event that you receive notification from us under clause 5.10 (d) to (f), you may, within the reasonable period specified by us, inform us in writing that you either: (a) accept the changes or
(b) terminate the Contract without any obligation to pay a termination fee, in which case you may accept a substitute holiday if we have been able to offer one subject to entering into a new contract with us.
5.12 In the event that significant changes to the holiday under clause 5.10(a) or any substitute holiday (or part) accepted by you under clause 5.11(b) result in a holiday of lower quality or cost, you will be entitled to an appropriate price reduction.
5.13 In the event that you terminate the Contract under clause 5.11(b) and do not accept a substitute holiday (or part), we will refund all payments made to us by you or on your behalf not later than 14 days after the Contract is terminated. The Contract shall be deemed to be terminated on the first working day after the day on which we receive your written notice of termination under clause 5.11(b).
5.14 Should you fail you notify us of your decision within the reasonable period under clause 5.10(e), we will send you a reminder in writing requesting you to notify us of your decision within 24 hours of our reminder. Should you fail to notify us of your decision within the 24 hours, we may, in our absolute discretion, terminate the Contract and refund all payments made to us by you or on your behalf not later than 14 days after the Contract is terminated after deduction of all reasonable administrative costs and bank charges related to such refund. The Contract shall be deemed to be terminated on the first working day after the day on which we notify you in writing that we have terminated the Contract under this clause 5.14.
Termination of the Contract by you
6.1 Subject to the provisions of this clause 6, you may terminate the Contract at any time before the start of the holiday by notifying us in writing. Termination of the Contract shall be deemed to be effective on the first working day after receipt by us of your written notice to terminate under this clause 6.1.
6.2 If you terminate the Contract under clause 6.1, you agree that, in all circumstances, the payments made by you or on your behalf which are identified in clause 6.3 are not refundable and that you will pay to us the termination fee in accordance with clause 6.4.
6.3 In all cases of termination of the Contract by you under clause 6.1, you agree that any amendment charges already incurred by you and the price of, and taxes related to, any issued international or domestic airline tickets and any and all other services for which tickets, vouchers or similar have been issued, for example car and other transport hire, tours, are not refundable and are to be treated separately from the termination fee under clause 6.4.
6.4 The termination fee is:
(a) where only the Deposit has been paid, the Deposit, and
(b) where the full Itinerary Price has been paid, the full Itinerary Price less, if any, cost savings and income from alternative deployment of the travels services of which we notify you in writing and/or sums which we are able to recover on your behalf from suppliers of travels services under the Contract after the deduction of all reasonable administrative costs and bank charges related to any such cost savings, income and/or recovered sums.
6.5 You agree that, given the nature of the bespoke travel arrangements under the Contract, it is unlikely that there could be any cost savings and income from alternative deployment of the travels services and that we may be precluded by contractual terms with suppliers of travel services from recovering any sums paid to them and that we are not liable to you in any way should there be no such cost savings or income or sums recoverable from suppliers of travel services.
6.6 If the reason for termination is covered under the terms of the insurance policy which you are required to take out under clause 4, you may be able to reclaim the termination fee.
6.7 In the event of unavoidable and extraordinary circumstances occurring in the country of holiday destination which significantly affect the performance of the holiday or the carriage of passengers to the destination and in respect of which a warning or equivalent has been issued by the UK Foreign and Commonwealth Office or appropriate government body or agency in other relevant countries, you may terminate the Contract before the start of the holiday without paying a termination fee in which case you will be entitled to a full refund of payments made by you under the Contract after the deduction of all reasonable administrative costs and bank charges related to such refund but not to additional compensation.
Termination of the Contract by us
7.1 We may terminate the Contract in circumstances where:
(a) we are prevented from performing the Contract because of unavoidable and extraordinary circumstances and notify you in writing without delay before the start of the holiday,
(b) the number of persons enrolled for the holiday is smaller than the minimum number stated in the Contract and we notify you:
(i) in the case of trips lasting more than 6 days, not later than 20 days before the start of the holiday,
(ii) in the case of trips lasting between 2 and 6 days, not later than 7 days before the start of the holiday, and
(iii) in the case of trips lasting less than 2 days, not later than 48 hours before the start of the holiday.
7.2 In the event that we terminate under clause 7.1:
(a) we will provide you with a full refund of any payments made under the Contract after the deduction of all reasonable administrative costs and bank charges related to such refund, and
(b) we will not be liable to you or any other person for additional compensation.
8.1 We are responsible for the performance of the travel services included in the Contract. We do not accept responsibility for the performance of any travel or other services of any kind which are not included in the Contract.
8.2 During your holiday, you agree:
(a) to inform the relevant local organiser (e.g. camp or hotel manager/safari provider) immediately of any issue or question related to or affecting your holiday;
(b) if your issue or question cannot be resolved locally, to inform us immediately of any lack of conformity which you perceive during the performance of a travel service included in the Contract unless you are precluded from doing so immediately because of total lack of means of communication in which case you will make every effort, without undue delay, to avail yourself of a means of communication and then immediately so to inform us.
8.3 If any of the travel services included in the Contract are not performed in accordance with the Contract, we will seek to remedy the lack of conformity within a reasonable period requested by you save when to do so would:
(a) be impossible, or
(b) entail disproportionate costs, taking into account the lack of conformity and the value of the travel services affected.
8.4 In the event that, for a reason identified in clause 8.3 (a) or (b), we do not remedy a lack of conformity within a reasonable period requested by you, the provisions of clause 9 shall apply.
8.5 In the event that it is not possible to provide a significant proportion of the travel services as agreed in the Contract, we will seek to offer you, at no extra cost, suitable alternative arrangements of, where possible, equivalent or higher quality or, together with an appropriate price reduction, alternative arrangements which result in a holiday of lower quality. You are entitled to refuse any such alternative arrangements only if either:
(a) they are not of equivalent quality to those in the Contract or
(b) the price reduction for arrangements resulting in a holiday of lower quality is inadequate.
8.6 We are not liable to compensate you for any damage resulting from any lack of conformity where the lack of conformity is:
(a) attributable to you or any person in your party participating in the holiday, or
(b) attributable to a third party unconnected with the provision of the travel services included in the Contract and the lack of conformity is unforeseeable or unavoidable, or
(c) due to unavoidable and extraordinary circumstances.
8.7 Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. We accept no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to us, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. We accept no liability for death, injury or illness that derives from carriage by air or sea. Where applicable, in so far as international conventions limit the extent of, or the circumstances under which, any compensation is to be paid by a provider of a travel service included in the Contract, the same limitations apply to us.
8.8 In other cases, any compensation payable by us, excluding compensation for personal injury, damage caused intentionally or negligently and liability which by law cannot be limited, is limited to a maximum of three times the Itinerary Price for the person or persons affected.
8.9 In circumstances where, during the holiday, you experience a difficulty over and above any issues and questions referred to in clause 8.2, we will, upon receiving written or telephone communication from you, provide assistance to the best of our ability including the provision of appropriate information on health services, local authorities and consular assistance and assistance to you to make distance communications and, if appropriate, to find alternative travel arrangements. You agree that, upon written request from us, you will immediately reimburse our reasonable costs of providing any such assistance if the difficulty has been caused by you or any person in your party participating in the holiday intentionally or negligently and that you will provide us with all relevant information about the difficulty and its cause to determine whether it has been so caused.
(a) In accordance with The Package Travel and Linked Travel Arrangements Regulations 2018, we have put in place appropriate insolvency protection through the Travel Trust Association (‘TTA’) of which we are a member. Payments made by you to us will be paid into and held in our TTA Trust Account by the designated Trustee and released only in accordance with the applicable rules of the TTA and with consent of the Trustee.
(b) The contact details of the TTA are:
Travel Trust Association, 2 Crown Square, Woking, Surrey, GU21 6HR, 01483 545787
(c) As a member of the TTA, we are also able to provide, as required, ATOL cover on a case-by-case basis under the ATOL Angel scheme.
Amendments to this Contract and notifications in writing
10.1 To be valid and form a part of this Contract, any amendment must be in writing and expressly agreed by both us and you and record the date from which the amendment is to be effective.
10.2 Any amendment to the Contract and any notice or notification to be given in writing under this Contract may be given by registered or recorded delivery mail or by email. In the case of registered or recorded delivery mail, the address for Bonamy is its registered office and for you the postal address with which you provide us for correspondence by mail. In the case of email, the address for Bonamy shall be the address of the person with whom you are dealing being an address @bonamy.co.uk with copy to email@example.com and for you the email address with which you provide us for email correspondence.
In this Contract, the following terms have the following meanings:
(a) ‘Itinerary Price’ includes any amounts, charges or other sums which, at the date of the Contract, have not be confirmed but which are for services to be included in the Contract which themselves have been identified and which have been estimated and which, once confirmed, are notified in writing to you as part of the Contract;
(b) ‘lack of conformity’ means a failure to perform, or the improper performance of, the travel services included in the Contract;
(c) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party seeking to rely on such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
Governing law and jurisdiction
This Contract and any matters arising from it shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to hear any and all proceedings between us either relating to the Contract or arising out of it unless we agree in writing in accordance with clause 10 an alternative forum for dispute resolution including all necessary terms for the appointment of a relevant person or persons to adjudicate, the mandate of such person or persons and the applicable procedure.
Waiver of claim against introducer
If you have been referred to us by another part (for example a travel agent), you agree to hold them blameless and waive any and all claims against such party. Any issues you may have must be directed to us and dealt with under the terms of the Contract.