TERMS & CONDITIONS
These Terms and Conditions apply to all Bookings made through us, Snomads Ltd, a company registered in England and Wales under number 10885827, whose registered address is at The Nova Centre C/O Broadwing Accountancy, 1 Purser Road, Northampton, England, NN1 4PG (“the Company/we/us/our”).
Please read these Terms and Conditions carefully before booking your Holiday through us. You should understand that by booking a Holiday through us, you agree to be bound by these Terms and Conditions. We are at all times acting as an intermediary agent for the Holiday Providers. Our Website provides an introductory service only, to enable you to make bookings directly with your chosen Holiday Provider.
The Holiday Provider will have separate terms and conditions to which you must abide when your Booking is accepted, as described below.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means the provisional booking of the Holiday, including setting the date and agreeing the fees;
“Booking Confirmation” means our confirmation that the Booking has been accepted;
“Contract” means the contract formed once the Booking has been accepted, as explained in clause 2;
“Holiday” means the trip the subject of the Contract;
“Holiday Provider” means the holiday company with which you will enter into a separate contract, on different terms and conditions, for the holiday they are providing for you;
“Services” means the Booking service provided by us;
“Website” means www.snomads.co.uk;
“You” and “Your” means the person making the Booking. Where the person making the Booking is doing so on behalf of another person or group of people, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that other person or group of people.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes emails and text messages.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Each reference to the singular number includes the plural and vice versa. Each reference to any gender includes the other gender. References to persons includes corporations.
2.1 These Terms and Conditions govern all Bookings made via our Website and will form the basis of the Contract between you and us. If you wish to make a Booking with us, our Website will guide you through the Booking process. You will be asked to provide certain information to make the Booking.
2.2 A legally binding Contract between you and us will be formed when we receive your Booking. You will be sent log-in details to pay a deposit of 30% of the total Holiday price, unless otherwise specified. Until this payment is made, your Booking will be provisional only and will be reserved for a maximum of 4 calendar days. Provided payment is made within this timeframe, your Booking will be confirmed. We will confirm such acceptance by sending you a Booking Confirmation via email.
2.3 The balance of the total price is payable no later than 8 weeks in advance of the start date of the Holiday.
2.4 If your Booking is made fewer than 8 weeks in advance of the start date of the Holiday, you will need to make payment of the total price of the Holiday at the time of Booking or no later than 4 calendar days afterwards.
2.5 If full payment is not received 8 weeks prior to start date of the Holiday, we reserve the right to cancel the Booking and the deposit will be non-refundable.
3. The Services
3.1 Unless otherwise stated on the order confirmation, we shall not be responsible for any of your travel arrangements to or from your Holiday destination, as specified on your booking. We may provide recommendations and advice relating to your travel arrangements for your Holiday, however it shall be at your sole discretion to undertake such recommendation and we cannot be responsible for any actions or inactions taken as a result of our advice.
3.2 Check-in and check-out times shall be detailed in your booking, variation to these times may be possible by prior arrangement, however we cannot guarantee that this shall be possible.
3.3 Your Holiday shall be including of some meals. Meal times shall be advised when you check in and shall be strictly between those times. Specific dietary requirements can be catered for, by prior arrangement only.
4. Price and Payment
4.1 The price for the Holiday will be as set out on our Website (except in the cases of obvious error), or such other price as may be agreed in writing by us.
4.2 Deposits are non-transferable and non-refundable except in accordance with clause 5 below.
4.3 Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
4.4 All prices stated are subject to the VAT rules in the relevant Holiday Provider’s country of registration and will be shown as included in the price on the Website. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect Bookings where we have already received payment in full from you.
4.5 All payments are to be made in pounds sterling. Payment can be made by BACS, debit or credit card payment. All payments made by debit or credit card will go through a third party payment gateway provider such as Stripe. Completion of the transaction will be subject to you agreeing to this payment gateway’s terms and conditions. A separate contractual relationship is created between you and the payment gateway and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
4.6 All payments made via our Website will be held in trust in a client bank account, which is segregated from our funds. All such payments will be sent to the Holiday Provider, less our commission payable as an agent.
5. Rescheduling & Cancellations
5.1 You may change your Booking after receiving the Booking Confirmation, no later than 8 weeks before the start date for the Holiday. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that we will be able to do so. If doing so means that we will incur higher costs, we will inform you and ask you how you wish to proceed before taking any action.
5.2 You may rearrange your Booking a minimum of 8 weeks before the start date for the Holiday, to another date agreed between us. If we receive the required notice, and if you rebook another date immediately, we will transfer any deposit already received to the rearranged Booking. If you give us fewer than 8 weeks’ notice, or do not rebook another date immediately, you will lose your deposit and will need to pay another deposit for the rearranged Booking.
5.3 You may cancel your Booking in writing at any time. However, if you do so, you will lose any deposit paid. If you cancel the Booking fewer than 8 weeks before the start date for the Holiday, we will retain the deposit and the final balance payment(s).
5.4 You may also cancel the Booking and the Contract by giving us written notice in any of the following circumstances:
5.4.1 If we have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking us to do so in writing; or
5.4.2 If we enter into liquidation, go bankrupt or have an administrator or receiver appointed over our assets; or
5.4.3 If we change these Terms and Conditions to your material disadvantage.
5.5 If you cancel in accordance with any of the circumstances listed in clause 5.4, we will refund any payments made to us in advance, within 14 days of our acceptance of your cancellation, provided the Holiday has not yet taken place.
5.6 We may cancel your Booking in the following circumstances:
5.6.1 If an event occurs outside of our reasonable control; or
5.6.2 If you fail to make a payment on time as required under clauses 2 and 3; or
5.6.3 If you have breached the Contract in any material way and have failed to remedy that breach within 14 days of us asking you to do so in writing.
5.7 If we cancel your Booking due to an event outside of our reasonable control as detailed in clause 5.6.1, we will contact you in writing as soon as is reasonably possible and will offer to rebook the Holiday or refund any payments made for the Holiday. If we cancel due to either of the circumstances detailed in clauses 5.6.2 or 5.6.3, no payments made for the Holiday will be refunded.
5.8 For the purposes of this clause 5.4, a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the cancelling party. In deciding whether or not a breach is material, no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
6. Complaints: We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing to [email protected]
7. Insurance: It is your responsibility to hold sufficient medical and holiday insurance cover for your travels.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of Contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.
11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
11.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
11.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
11.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
12. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.