Booking Terms & Conditions

BOOKING TERMS AND CONDITIONS

 

Please read these ‘Booking Terms and Conditions’ and ‘Essential Holiday Notes’ carefully, taking time to understand both documents. Both must be read and agreed to before booking. These contains important terms and conditions regarding the trip you are purchasing including, but not limited to, our rights to postpone, cancel or alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers. We reserve the rights to update these, and will notify you if we have done so.

 

Our Company Details:

We are The Pigment Trail Limited, a company registered in England and Wales under company number 11880022. Our registered office address is at 9 Earl Road, Sheen, SW14 7JH United Kingdom. In these booking conditions, when we use the words “we” “us” or “our”, we mean The Pigment Trail Limited. When we use “you” or “your”, we mean the person who made the booking with us (the ‘Lead Name’ as described below).

 

Applicable Law:

The laws of the United Kingdom govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of the United Kingdom.

 

Packaged Travel Regulations:

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR”).  Therefore you will benefit from all EU rights applying to the packages. The Pigment Trail will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, The Pigment Trail has protection in place to refund your payments in the event of insolvency. For more details of the PTRs can be found here:  https://www.legislation.gov.uk/uksi/2018/634/contents/made

 

SECTION A: YOUR BOOKING WITH US

Our contract

All bookings are made with The Pigment Trail Limited.

 

By booking a trip with us, you are consenting on behalf of yourselves and all others on the booking that all participants included on the booking have read these Terms & Conditions in full, are fully aware of them, and accepts these conditions. You also agree that you have read and agree to the Essential Holiday Notes, which includes (but is not limited to) the itinerary, style and physical demands of the trip. You are also consenting to supply us with any information, including health information, that we may reasonably require in order to supply our tour, ensuring that this information is complete and accurate.

 

Your booking will be accepted by us on the basis of these Booking Conditions (which constitutes the entire agreement between you and us). The services to be provided will be referred to in your Booking Confirmation invoice. To make a booking, please return the booking form signed and completed together with the non-refundable deposit.

 

There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, pandemic, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this and other reasons, we encourage you to purchase trip cancellation and interruption insurance and travel protection. (i.e., travel medical insurance and emergency evacuation services). You should consider “no fault” cancellation and discuss this with your insurance provider.

 

The Pigment Trail is not responsible for expenses incurred by Participants in preparing for a trip (eg. non-refundable advance purchase air tickets, equipment, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified, or cancelled by us or by you for any reason. Because the tour may be cancelled when a minimum number of Participants have not signed up, we recommend that you either purchase refundable air tickets or wait until we have confirmed with you approximately 3 months prior to the tour that we have a sufficient number of participants.

 

Any questions, please get in touch with us at hello@thepigmenttrail.com

 

 

Payments and Charges:

By agreeing to our terms and conditions, you agree to paying the stipulated deposit to secure your place on the tour, and to pay the remaining balance, in full, 120 days before departure. If your booking is made within 120 days of the departure date, then the full amount is payable at the time of booking. A booking is accepted only after you complete the booking form, agree to our Terms and Conditions and the Essential Holiday Notes, pay the stipulated deposit, and when we issue a confirmation invoice. Completion of this results in a contract between you and The Pigment Trail from the date of issue of the confirmation invoice.

 

Please refer to the booking confirmation invoice for details regarding final payments. The balance for the tour must be paid not later than 120 days before departure. You must pay this on time to keep your place on the tour. If you do not pay the balance within 120 days, The Pigment Trail may treat the booking as cancelled by you and normal cancellation policy will apply. We reserve the right to cancel your booking and to retain your deposit in accordance with these Booking Conditions.

 

 

The Lead Name & Their Responsibilities:

The person who completes the booking is the ‘Lead Name’. The Lead Name is the person who is entering into the contract with us. By making a booking, the Lead Name is agreeing to these booking conditions (which include the information in the Essential Holiday Notes pages). The Lead Name is the person responsible for paying the total booking price, including any subsequent cancellation or amendment charges that may be payable – even if any of the other people travelling on the booking fail to pay their share of the price.

 

The Lead Name agrees to provide all those who are named as passengers on the booking with accurate and full information regarding the travel arrangements booked, including any changes made to those arrangements by us or the Lead Name, and confirms that all those named passengers, including any that may be added at a later date, agree to be named on the booking and agree to be bound by these booking conditions (which include the Essential Holiday Notes). When a booking has been confirmed by us, only the Lead Name can cancel or amend the booking. However, in the case of the death or serious illness of the Lead Name we will accept a written instruction to cancel or amend signed by another person named on the booking.

 

 

Special Requests:

If you have a special request for something that is not automatically part of your booking (e.g. quiet room, low floor room, etc), please make the request at the time of booking. We will pass your request on to the relevant supplier to ask if they can provide what you want. Special requests are not guaranteed to be met – even if we’ve made a note of your request on your invoice. That just means we’ve received the request and have passed it on to the supplier.

 

We will not pay compensation for failing to meet a special request unless we’ve confirmed separately in writing to you that the request will be met. When you make a special request, you agree that any personal data you provide including sensitive personal data, has to be passed to the relevant supplier to fulfil that request, and you consent to this happening. Please see our Privacy Section below for more information.

 

 

Confirming Your Contract With Us

Once you’ve booked we’ll issue a confirmation invoice setting out the travel details and price. A contract will exist between you and us when we issue the confirmation invoice, and it will contain all the details of your agreement with us. Please check the details on your confirmation invoice carefully. It is your responsibility to check this information and advise us of any inaccuracies within 14 days of receipt, failing which we cannot accept any liability. As mentioned above, pay particular attention to the date your final payment is due as we may cancel your Holiday if you don’t make your final payment on time. If we do this, your deposit is non-refundable.

 

 

Health, Medical Ailments, Dietary Requirements and Age

It is also your responsibility to advise us in writing, at the time of booking, of any medical or other ailment or allergy. We must also be notified of any special dietary requirement(s). You are responsible for ensuring that the holiday you select is within your physical capabilities. Our trips involve sightseeing in busy areas and sometimes on uneven surfaces. Our tours are not strenuous, but you must be fit enough to be able to manage the requirements of the itinerary.

 

Dietary requirements / allergies: although we will try our best to help where we can, we are unable to give absolute assurance over the contents of your food, and the contact of it with allergens. This is particularly important when travelling to developing countries, such as India, which are not subject to the same strong legal framework for food labelling and exposure as in developed countries. Please contact us if you’d like to discuss this further. It is your responsibility to supply us with any other information that we may reasonably require in order to supply our tour, ensuring that this information is complete and accurate.

 

Our holidays are for over 18s.

 

Travellers with Reduced Mobility, a Disability, Medical Condition or Requiring Special Assistance or a Special Request

As mentioned above, if you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not a guarantee that the request will be met by the relevant supplier. All special requests are subject to availability. Special requirements we have accepted will be specifically confirmed as accepted on your confirmation.

 

Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility or medical condition. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. Overseas accommodation, transport (including transfers) and other holiday services provided in India may not be designed to meet the needs of all disabled holidaymakers. Sometimes our suppliers might not be able to meet your requirements but we’ll be happy to discuss other options with you. If special arrangements do need to be made, an extra charge may apply, this may be the case either before you go or when you arrive in India.

 

 

Flights

We do not organise flights, but we work closely with our recommended agent, Southall Travel, who will supply you with competitive rates on your flights if required.

 

Advanced Passenger Information

If you would like us to organise an airport pick up for you, please provide us with this information when you have booked your flight (once we have confirmed minimum numbers have been met), or as soon as possible thereafter.

 

We also require some personal details, which vary by trip. These include but are not limited to: full name as per passport, date of birth, nationality and passport number, passport issue and expiry date, and Covid-19 vaccination proof. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

 

Inclusions

The land price of your trip includes:

  • All accommodation as listed in the Essential Holiday Notes
  • All transport listed in the Essential Holiday Notes
  • Sightseeing and meals as listed in the Essential Holiday Notes
  • The services of a group leader as described in the Essential Holiday Notes

 

Exclusions

The land price of your trip does not include:

  • International flights and airport transfers (although we can help you organise these) and excess baggage charges
  • Meals other than those specified in the Essential Holiday Notes
  • Visa and passport fees
  • Travel insurance 
  • Optional activities and all personal expenses

 

Prices

We guarantee that the price of your holiday will not be subject to any surcharges once a booking has been confirmed, except as a result of i) an increase in taxes or fees on travel services imposed by third parties not involved in the performance of the package e.g. tourist taxes, iii) an increase in transport costs due to changes in fuel prices or other sources or iii) a change in the exchange rate relevant to the package. We will absorb the equivalent of 2% of the holiday price. Should the surcharge be in excess of 10% of the holiday price you will be entitled to cancel your holiday and obtain a full refund.

 

Should you decide to cancel you must exercise this right within 14 days of the date shown on the surcharge invoice. We will not surcharge within 30 days of the commencement date. Should the cost of your trip decrease by more than 2% due to the changes mentioned above then any refund due will be paid to you. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the cost of your travel due to contractual and other protection in place. 

 

We reserve the right to correct errors in both advertised and confirmed prices. We will make these corrections as soon as we become aware of the error. Changes and errors do occasionally occur. Please check the price of your chosen holiday at the time of booking.

Late Bookings

For bookings received within 120 days of departure we reserve the right to pass on extra costs involved in obtaining accommodation or other services if our group allocation of each has been released back to the supplier. We will notify you of these before booking.

 

Errors, Omissions and Changes

Every effort has been made to ensure accuracy of our printed brochures and/or of the Official Website content, but certain changes and revisions may take place after the printing of our printed brochures and/or the publishing of the Official Website.

 

The Booking Terms & Conditions applicable to your Holiday are those in force at the time of completing the Booking, irrespective of those published in our brochure, so you must read the most up to date Booking Terms & Conditions before booking.

SECTION B: BEFORE YOU TRAVEL

Travel Insurance

Obtaining Comprehensive Travel Insurance is a mandatory requirement of travelling with The Pigment Trail and we would strongly suggest that you should buy as soon as we confirm the trip is going ahead (if you don’t already have it) so that you have cover in case you need to cancel before travel.

Comprehensive Travel Insurance should include, but is not limited to:

– Personal accident, medical expenses, medical emergencies such as illness or injuries while you’re away, repatriation if injured, ill or hijacked.

– For reasons which means you cannot travel.  

– Missed flights

– Trip cancellation insurance to receive reimbursement for flights and other non-refundable expenses should The Pigment Trail trip be cancelled by you or by The Pigment Trail for reasons set out in these Terms & Conditions, including, but not limited to, the tour not reaching the minimum numbers to run.

– It is your responsibility to ensure that you have read and understood all the details of your travel insurance policy. This responsibility includes ensuring your policy covers all activities (optional and included) listed in the Essential Holiday Notes itinerary.

– You are also responsible for ensuring that the policy does not contain exclusion clauses which would mean you cannot access the cover you might reasonably need.

– We cannot be responsible for any costs you incur as a result of failing to take out adequate travel insurance.

You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure The Pigment Trail’s requirements are satisfied. You also agree to assume all costs of medical care, evacuation, transportation, and related costs.

As stated on the Essential Holiday Notes, we require your travel insurance policy number and the insurance company’s 24 hour emergency contact number two weeks before travel. If you have not provided it by the first day of your trip you will not be able to join the trip.  If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details. Please contact your bank for these details prior to arriving in India.

 

Passports and Visas

It’s your responsibility to make you have valid travel documents – including passports and visas.

Check the latest advice from your embassy or consulate for Government Foreign Travel Advice. Please note, this can be subject to change.

Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary. The Pigment Trail is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveller documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document.

 

Visas

Visas are your responsibility. The entry requirement for entering a country can change at any time, so it is important that you are aware of the latest information. Please check the Indian consular website (see website link below) for detailed and up-to-date information for your specific nationality. Any questions, please let us now.

Please ensure you know the requirements for you and allow enough time to acquire the visa.

 

Visas for passport holders for UK, Australia, Canada, New Zealand, Germany, USA, and a selection of other nationalities:

You can complete the application for an E-Tourist Visa (eVT) at https://indianvisaonline.gov.in/evisa/tvoa.html. It allows travellers to pre-register and pay for their visa prior to travel to India. Having done this, you will be able to collect this visa upon arrival at one of 16 designated airports in India, providing you meet certain conditions.

NOTE:

– Please be aware of strict conditions regarding application and travel (check under Eligibility section of their website).

– E-visas are only available for entry of up to 60 days. If you plan to be in India longer you will need to apply for a tourist visa at an Indian visa application centre in your home country.

– Tourist visas are available in Single and Multiple Entry. Be sure to check the date you require a visa from and the length of time you will need to cover, especially if you change countries during your trip.

– Please note that travellers entering India overland from Nepal are required to apply for a visa in advance their home country. Visas will not be issued on the Nepal/Indian border. The E-Tourist Visa does not apply to travellers entering India overland.

For your visa application you need to include the following information under the local contact section towards the end of the application: Mr Kalyan Singh Jhala, Karohi Haveli, Udaipur (Outside Chandpole on Lake Udaipur – Rajasthan 313001 India).  India Phone: +91 96801 81111.

The information regarding visas can change at any time. It is important that you refer to the only official visa online site for India: https://indianvisaonline.gov.in/evisa/tvoa.html
This is the only official visa online site. Other sites exist, but are run by either visa service companies or scammers so may not be reliable.

Passport Validity

You are responsible for understanding if your passport meets the requirements for travelling to India. If you need to apply for a passport or to renew one, you should do this well in advance of travel. Check the latest advice from embassy or consulate for Government Foreign Travel Advice. Please note, this can be subject to change.

For UK passengers: The current advice is that your passport must be machine readable, with 2 blank pages for your visa and valid for a minimum of 180 days at the time of your visa application. However, the guidelines regarding passport validity on arrival in India are unclear. To avoid possible problems at immigration, make sure your passport is valid for a minimum of 180 days at the time of entry into India. Please refer here for more details:  https://www.gov.uk/foreign-travel-advice/india/entry-requirements

 

Health Advice

It’s your responsibility to make you have valid followed health advice before you travel. Check the latest advice from your embassy or consulate for Government Foreign Travel Advice. Please note, this can be subject to change. For up to date UK Government health & travel advice please visit www.gov.uk/foreign-traveladvice, www.hpa.org.uk and www.nathnac.org and contact your GP. Please also see our Essential Holiday Notes for more information. We can’t accept any liability for your failure to do this. If we or your carrier are fined because anyone on your booking didn’t have the correct documents/vaccinations, etc., you’ll have to reimburse us.

 

If you want to transfer the holiday to another traveller

You have the option to transfer your trip to another traveller who satisfies all the necessary conditions for the holiday and if we are given at least 21 days notice in writing.  The transferor and transferee are both liable for the costs of any changes and payment of the balance of the package. There will be an £700 administration charge to carry out this transfer.

 

If you want to cancel your booking (rather than transfer to another person)

Only the Lead Name on the booking can ask us to cancel it or to remove any of the named passengers from it. After we have issued the holiday receipt, you must put your instruction to cancel the booking or cancel off any passenger in writing and send it to our correspondence address as stated on our confirmation invoice. Our trips are non-refundable.

 

Any cancellations made 120 days or more to the departure date will result in the retention of the deposit. Any cancellations made within 120 days will result in the retention of the full cost of the tour, as we will have made payments to our suppliers in advance. There are some exceptions to this as outlined in “If we change or cancel your holiday” below. As per the Travel Insurance section in this document, please ensure you choose the correct insurance policy to cover you in this situation.

 

In some cases, if a replacement traveller is secured, we may refund your funds paid less your deposit, less £675 administration fee and less any fees that were incurred to make the transaction. This option will be evaluated on a case-by-case basis and may not be applicable to your trip.

 

There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, pandemics, personal, family or medical emergencies or any other circumstances beyond our control. For this and other reasons, we encourage you to purchase trip cancellation and interruption insurance and travel protection (i.e., travel medical insurance and emergency evacuation services).

 

The Pigment Trail is not responsible for expenses incurred by participants in preparing for a trip (eg. non-refundable advance purchase air tickets, equipment, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified, or cancelled by us or by you for any reason. Because the tour may be cancelled when a minimum number of participants have not signed up, we recommend that you wait until we have confirmed with you approximately 3 months prior to the tour (sometimes sooner) that we have a sufficient number of participants.

 

If we change or cancel your holiday

While we endeavour to operate all trips as described, and remedy any changes where it is possible and appropriate to do so, we reserve the right in any circumstances to cancel or make changes to your holiday at our sole discretion.

When your booking is cancelled, then you agree that a full refund of trip payments made to us will constitute full settlement of any claims you may have against The Pigment Trail or our suppliers, partners, or travel intermediaries. When a tour is cancelled for foreseeable reasons, then you agree that a full refund of trip payments made to us will constitute full settlement of any claims you may have against The Pigment Trail or our suppliers.

In the rare event that The Pigment Trail is forced to postpone a trip for any unforeseen circumstance beyond the reasonable control of The Pigment Trail, such as, but not limited to, acts of nature, war, labour strikes, pandemics, earthquake, flooding, etc., The Pigment Trail will bank 100% of your paid fees as a credit to use for another trip. You will have the option to travel on your rescheduled trip date or transfer 100% of your booking amount to travel on another The Pigment Trail departure. In some but not all cases and depending on how close to your departure The Pigment Trail may have to reduce credit due to advanced payment to suppliers. We will use reasonable efforts to recover advanced payment and refund the balance when possible.  However, The Pigment Trail does not guarantee recovery of any or all of the advance payments made, and the use of reasonable efforts to recover these payments will not include the institution of legal proceedings in foreign jurisdictions.

The Pigment Trail reserves the right to cancel any trip at any time for any reason, including if there are too few participants, or if the quality of the trip or the safety of travellers is judged by The Pigment Trail in our sole discretion to be compromised. In such cases, a refund of payment received by The Pigment Trail shall constitute full and final settlement. The Pigment Trail is not responsible for any loss incurred on account of non-refundable or non-transferable air OR travel tickets.

With the exception of circumstances out of our control, changes to your holiday can be major or minor. In the case of a major change (i.e. substantially affecting the performance of the package – for example a change to accommodation of a lower rating for all of your holiday or a change of holiday dates) or cancellation we will advise you as soon as possible and we give you the following options:

  • Accept the new arrangements
  • Take an alternative holiday subject to availability (if a lower price we will refund the difference; if a higher price you must pay the difference)
  • Withdraw and accept a full refund of all monies paid (except for any amendment charges which arose before cancellation). We’ll also consider compensation where appropriate.

In the event of a minor change (any change that is not defined as a major change above or force majeure), the above options will not be available to you.

We ask that you appreciate and acknowledge that the nature of this type of travel requires flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

In the unfortunate event that Debra, or an immediate family member of Debra, experiences an untimely illness or death, The Pigment Trail reserves the right to find a suitable replacement to lead the excursion so that the trip will continue as planned.

We also reserve the right for any reason or at any time, at our sole discretion, to decline to accept or to retain any person on a holiday as a client particularly if their conduct is disruptive and affecting the enjoyment of other participants on the trip, and we shall be under no liability for any costs incurred by such a person as a result of our doing so.

If we have to cancel your holiday, we will notify you as soon as possible and give you a reasonable period of time to decide which of the options described above you would like to take. If we do not hear from you, we shall send a reminder to you, and if you still do not respond then we may cancel your Holiday and provide you with a refund.

No compensation will be payable if we cancel because of Circumstances Beyond our Control or because the minimum number of persons required to book the Holiday for it to take place (as described in your booking) has not been met. We can also cancel your booking if you fail to make payment on time.

Please note all refunds take a minimum of 14 days to process.

SECTION C: WHILST ON OUR TRIP

The Start and End Points of the Trip

The Start: It is your responsibility to be ready to embark on the trip as specified in the itinerary. The Pigment Trail is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.

We are happy to help you with airport transfers, and will advise you of the time you will be collected from the relevant airports, specified in our correspondence. Our communication will stipulate if the arranged airport transfer will wait for late arrivals. Specific Information of the Start And End of the Trip are provided in your Essential Holiday Notes.

 

Our Responsibility for the Performance of Your Holiday

Your agreement with us is an agreement for services. Where we provide the services, facilities or travel arrangements which make up your Holiday, we have a legal duty to use reasonable skill and care in providing them to you.

Where we have arranged for third parties to provide the services, facilities or travel arrangements which make up your Holiday, we have a legal duty to use reasonable skill and care in making the arrangements for these third party suppliers to provide the services, facilities or travel arrangements to you.

If we comply with any applicable regulatory or legal requirements that will mean we and our suppliers have properly performed our obligations to you under our contract with you. Taking reasonable skill and care doesn’t necessarily mean we have to comply with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care hasn’t been used by us or our supplier if you wish to make any claim against us.

We also have a liability to you for the performance of the travel services included in your Holiday, irrespective of the fact that the travel services might actually be provided by one of our third-party suppliers.

You must tell us immediately of any failure to perform or improper performance of your Holiday (“Failure”). This will give us the opportunity to resolve the Failure whilst you are on your Holiday. If we refuse to do so, or it’s necessary to resolve the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation, in accordance with the “Our Liability To You For Your Holiday” section below.

 

Health and Safety

Due to rough terrain and uneven surfaces, we recommend that you are mindful of where you are walking at all times, including when crossing roads. Crimes against people and property are a fact of life throughout the world and you have the same responsibility for your own safety and your belongings while you’re on holiday as you do at home. It’s best not to approach cats, dogs and other animals as these may carry the rabies disease which can be passed on through bites and scratches.

 

Changes And Cancellation By Us – Once We’ve Left

We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.

Our tours are comprehensively researched and we shall use all reasonable endeavours to meet the itinerary of the tour, but sometimes there may occasionally be some changes. We, and our guides, have extensive knowledge of the area, and will tailor the itinerary accordingly and as necessary. The amendment should not materially affect the nature or quality of the services provided, and The Pigment Trail will keep you informed in such an event.

In emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note, we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

If a significant proportion of the travel services included in your Holiday cannot be provided, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your Holiday. The alternative arrangements shall, where possible, be of equivalent or higher quality. Where they are of lower quality you will be entitled to a price reduction. You may only reject the alternative arrangements we offer to you if they are not comparable to what was included in your original Holiday or if the price reduction we offer to you is inadequate.

If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with the “Our Liability To You For Your Holiday” section below. If a Failure substantially affects the performance of your Holiday, and we have not resolved the problem within a reasonable period of time, you may cancel the remainder of your Holiday without paying a termination fee.

In cases of non-conformity, or where you reject alternative arrangements, if your holiday included transport to the destination, we shall repatriate you to your place of destination using equivalent transport if the conformity is not remedied except where the lack of conformity is

  • attributable to the traveller;
  • attributable to unforeseeable or unavoidable actions of a third party not connected to any of the travel services included in the package; or
  • due to unavoidable and extraordinary circumstances

In these circumstances you will also not be entitled to compensation for damages.

Where it is impossible to ensure your timely return to the place of departure because of unavoidable and extraordinary circumstances, we will pay for accommodation for a period not exceeding three nights per traveller.

 

Providing Assistance

If you are experiencing difficulties on your trip, we will always provide appropriate assistance where we can e.g. information on aspects such as health services, local authorities and consular assistance, as well as practical help. Where appropriate we will charge a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.

 

Excursions

Excursions include any sightseeing trips, events, tours, attraction tickets or similar, which you choose to go on while on holiday and which you pay us extra for. Excursions can either be booked and/or paid for in your destination, or pre-booked and paid for after you book your Holiday or Single Component (“Excursions Booked Separately”). Excursions can also be booked at the same time as booking your Holiday (“Packaged Excursion”). All excursions are arranged by third party suppliers and are subject to the section “Our Liability To You For Your Holiday”.

We accept responsibility for Packaged Excursions subject to the paragraph “Our Liability To You For Your Holiday”. However, Excursions Booked Separately do not form part of your Holiday and are not governed by the PTR. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Excursion Booked Separately. We, our representatives, employees or agents are acting as booking agents only for the relevant supplier of the Excursion Booked Separately. The contract for any Excursion Booked Separately is between you and the supplier of that excursion. It’s your responsibility to note carefully any conditions of contract contained in any excursion advertisement, booklets, ticket or receipt you’re given. For Excursions Booked Separately your excursion contract may be subject to the laws of the country in which you take the excursion and if you have a complaint about it, you may be required to bring any claim before the Courts of that country, rather than in the UK.

 

Customer Behaviour

We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe i) your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or could cause damage to property; or ii) you are unfit to travel; we may end your Holiday and terminate your contract. You will be prevented from using your booked accommodation, transport, and any other travel arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay. Alternatively, at our discretion, you may be allowed to continue with your Holiday but may have to comply with specific conditions. We’re not responsible, and we’ll have no liability, for accidents or injuries, loss or damage which may have been caused as a result of:

  • your inappropriate or irresponsible behaviour;
  • any broken glass/china or the like which you’ve broken and/or left in a way from which injury can result, or;
  • your judgment being impaired by alcohol.

Property Damage:

If you or any member of your party causes any damage or breaks anything at your accommodation, you must report it promptly to a member of our staff or to the staff at the accommodation. We and/ or the accommodation owner will hold you liable for paying for any damage you cause to the accommodation, furniture, fixtures, fittings or any other items within or around the accommodation. If you fail to pay, you will also be liable for any legal costs incurred in pursuing a claim against you.

In the interests of safety, you undertake to follow the advice of our representative, guide or hotelier, comply with any local codes of conduct, follow the country code and act sensibly and prudently at all times. You also agree to indemnify us from all loss and/or damage arising from any act of default on your part.  

SECTION D – MAKING A COMPLAINT AND OUR LIABILITY TO YOU

If You Have A Complaint:

We want all our customers to have an enjoyable time. However, if you’re not satisfied please complain as soon as possible to us whilst accompanying you on the trip. We’ll do everything reasonably possible to resolve your complaint whilst you’re on holiday. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour to the address in your Essential Holiday Notes.

It’s difficult and sometimes impossible to properly investigate a complaint if we’re not told about it during the Holiday or once it’s over. Failure to follow the above procedures during your Holiday, and/or failure to complain within 30 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your Holiday, you or we could have taken steps to reduce any loss or damage suffered or could have entirely prevented it from being suffered.

 

“Our Liability To You For Your Holiday”

The accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers. However, subject to these conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any proven failure to perform, or improper performance of, any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable when failure to perform or improper performance was due to:

  • the act(s) and/or omission(s) of the person(s) affected or
  • the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
  • an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.

We will offer you an appropriate price reduction for any period during which there is a Failure, unless that Failure is attributable to you, a third party unconnected with the provision of the travel services included in your Holiday and is unforeseeable or unavoidable, or is due to Circumstances Beyond our Control. We will also offer you appropriate compensation for any damage which you sustain as a result of any Failure (including death or personal injury caused by a Failure), except where such Failure is attributable to you, a third party unconnected with the provision of the travel services included in your Holiday and is unforeseeable or unavoidable, or is due to Circumstances Beyond our Control. If any International Convention applies to or governs any of the services or facilities included in your Holiday and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the relevant international convention (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For the avoidance of doubt, this means that we’re to be regarded as having all the benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your Holiday. For claims which do not involve death, personal injury or damage caused intentionally or with negligence, including if any part of your Holiday is not as described by us in our Holiday contract with you, the maximum we’ll pay you in any circumstances is three times the price of the Holiday. This maximum will only be payable when every aspect of your Holiday has gone wrong and you have not received any benefit from your Holiday. Any sums received by you from suppliers will be deducted from any sum we pay to you as compensation.

 

Photos and Marketing

You consent to us using images and videos of you taken during the trip for advertising and promotional purposes in any medium. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

 

Privacy Policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our Privacy Policy at https://www.thepigmenttrail.com/data-privacy/

 

These terms were last updated on 2nd May 2023.