These terms and conditions (the “Terms”) set out the contractual arrangements which will apply to your booking with us, Lekker Adventures Limited, trading as Lekker Boutique Travel (“Lekker”, “we” “us”). Lekker is a company registered in England under company no. 08753433 and its registered office is 5th floor (744-750) Salisbury House, Finsbury Circus, London EC2M 5QQ.
We provide unforgettable travel experiences for individuals, couples, families and groups around the world. We arrange tailor-made itineraries suited to you and your specific needs with our trusted partners and suppliers (our “Services”).
Please read these Terms carefully as they set out our respective rights and obligations.
“Act of God” means an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident.
“Act of Terrorism” means an act or threat of violence against civilians.
“Child” means any person that is 12 or under at the date of the last day of that person’s Holiday (as defined below).
“Family Holiday” means a Holiday whereby at least two people are booked on the Holiday and at least one is a Child and one is the legal parent of that Child.
“Holiday” means a trip arranged by us for you, which may include all or only one of the flights, the accommodation and various activities at the destination.
“Supplier(s)” means any person (including employees, agents, contractors, subcontractors and insurers) who provides a service which forms part of the Holiday.
“you” or the “passenger” means any member of the travelling party as indicated on the Itinerary and Quote (as defined below) and/or the confirmation invoice, as issued by Lekker.
1. Financial Security
1.1. If you book a Holiday through us we are required to provide security for the money you pay for it.
1.2. We provide three different types of financial security:
1.2.1. Supplier Failure Cover: We are members of the Travel Trust Association (“TTA”) (membership no. Q2190). As a TTA member, we operate a trust account which ring-fences your money and protects your right to experience the Holiday as you originally booked it or, where this is not possible, obtain a refund, including in the event of Lekker’s insolvency
1.2.2. Safe Seat Guarantee: The TTA will guarantee the financial obligation we have towards you in the event of any fraud or dishonesty.
1.2.3. Air Travel Organisers’ Licensing (“ATOL”): for flights booked through us, we provide security by way of our ATOL (‘Air Travel Organisers’ Licensing’) accreditation (no. 10300) issued by the Civil Aviation Authority. When payment is made by you in relation to a Holiday that includes flights, you will be supplied with an ATOL certificate. We advise you to review the certificate when you have access to it and ensure that all of the details are correct. Any item that is not included on the ATOL certificate will not be provided with security under ATOL.
2. Pre-Requisites to Booking a Holiday
2.1. When booking a Holiday you must be aged over 18 years and have the authority to accept our Terms as well as any third party booking conditions, including if you are booking the Holiday on behalf of anyone other than yourself (an “Accompanying Traveller”).
2.2. By booking a Holiday with us you agree to our Terms and that you warrant to us that you have the authority to accept these Terms on behalf of an Accompanying Traveller for whom you make a booking for.
2.3. Finally, when booking a Holiday that includes any age restrictions you declare that you and any Accompanying Traveller who you are booking the Holiday on behalf of is of the appropriate age to take part in the Holiday, including any activities.
3. Booking a Holiday
3.1. You may have seen us promote our Services, and those materials of promotion may include prices for our Services. Such prices are merely an invitation to treat and are not offers available for you to accept.
3.2. Once you have declared the details of the Holiday that you want, we will provide you with an itinerary containing the full details of your trip (“Itinerary”) and a quote (“Quote”) (together, “Itinerary and Quote”). Please check all the details carefully as you are responsible for ensuring the accuracy of all the information provided and you will have to incur any cost associated with changing those details once the booking has been confirmed.
3.3. Once you have reviewed the Itinerary and Quote and accepted it, we will review the quote to ensure that it has not changed. Changes in the price of the Holiday may result between the time that the Itinerary and Quote is sent to you and you accepting it as a result of currency exchange rate fluctuations, increases in prices from third parties and any other reason.
3.4. If the Quote has changed, we will re-issue the Itinerary and Quote with the updated details, upon which we will wait for your acceptance of it and repeat the process of clause 3.3.
3.5. If the Quote has not changed at the time you confirm you are happy to proceed with the proposed Holiday (the “Instructing Date”), you will be required to:
3.5.1. if the Holiday starts more than three calendar months after the Instructing Date, pay us 25% or more (as to our discretion) of the Quote as a deposit (“Deposit”) and the full price of any flights that we are booking for you, with the balance becoming due three calendar months before the date that the Holiday starts; or
3.5.2. if the Holiday starts within three calendar months from the Instructing Date, pay us the Quote in full.
and upon which a contract between us will come into effect.
3.6. Upon receiving full payment of the Quote in cleared funds, we will issue a booking confirmation (“Booking Confirmation”).
3.7. Please note Lekker reserves the right to pass on any additional charges, taxes, duties, levies that may be applied to us after Booking Confirmation. We also reserve the right to make changes and correct errors in advertised prices at any time before your Holiday is confirmed.
3.8. Once we have reserved all parts of the Holiday, we will write to you to confirm.
4. Family Holidays
4.1 When you book a Family Holiday it is your responsibility to ensure that any consents, permissions or other special requirements of the country(ies) to which you visit on your Holiday are met. We will not be held responsible for any fees, damages or losses that may arise from your failure to secure such necessary consents, permissions or other special requirements.
5. Medical information
5.1. Some Holidays require us to provide our Suppliers with your personal details including your medical information, particularly where you have booked diving. We therefore reserve the right to ask you and/or any Accompanying Traveller to complete and sign any medical information forms provided by us. The medical information form must be completed honestly, accurately and must disclose all medical information requested. Any questions concerning a your or an Accompanying Traveller’s mental and physical abilities should be reviewed by their medical practitioner.
5.2. You consent to us storing such information and providing medical information to our Suppliers for the purpose of your Holiday. We reserve the right to request further information from you or to challenge information given by you, and you may be asked to provide a certificate from a medical practitioner confirming your fitness for the Holiday.
5.3. We reserve the right to exclude any person from the entire Holiday or any part of it on the basis of any reasonable medical ground.
5.4. It is your and your Accompanying Traveller(s) responsibility to ensure that you and they are medically fit for the Holiday. Should you or they have any doubts about your ability to travel you are advised to undergo a full medical examination before booking your Holiday as we cannot refund monies if you are advised not to travel or are unable to participate in activities once on Holiday due to a medical condition.
5.5. If you have any mobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during your Holiday or, if you have any special request, you must advise us or your travel agent in writing at the time of booking the Holiday. Whilst we will make every effort to accommodate you, we regret that we cannot guarantee to be able to meet any special request unless we have specifically confirmed so in writing.
5.6. If your or your Accompanying Traveller(s) state of health changes between submitting medical information and the last day of the Holiday, you should inform us, and where possible, the Supplier(s) as soon as possible. We will then provide all reasonable effort to make any necessary changes to the Holiday to accommodate such changes, though no guarantees regarding any changes are made.
6. Prices and Payments
6.1. All quotes included in your Itinerary and Quote will reflect all costs associated with your Holiday known to us at that time and will be in British Pounds Sterling or in certain circumstances US Dollars. Such quotes may change as a result of price changes:
6.1.1. in transportation costs, including, for example, the cost of fuel;
6.1.2. duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports;
6.1.3. currency exchange rates.
6.2. Should any price change, we will notify you as soon as possible and you must settle the difference, as a result of the change, to us within 7 days.
6.3. Before your Holiday is booked by us, you will be required to pay the full cost of the Holiday as set out in the Itinerary and Quote (subject to that price changing as described in clause 3). In the event that you receive your Booking Confirmation prior to payment being cleared in our bank account in full, the contract between us will not be in place until such payment has cleared. We reserve the right to cancel your booking if payments are not made to us within the time requested.
6.4. You may opt to pay by way of a debit or credit card. We accept payment from Visa Credit, Visa Debit, Master Card, Maestro International, Commercial Cards, Maestro, Solo, Electron Cards and American Express. Credit card payments are subject to a surcharge of up to 3% of the value of the transaction, but such charges are sometimes included with the quote set out in the Itinerary and Quote.
7. If we change your booking details
7.1. We will take reasonable care to deliver the Holiday which Lekker is contracted to provide to you. However, as we arrange some Holidays many months in advance, it may, on occasion, be necessary to change certain details of the Holiday, which we reserve the right to do.
7.2. We will endeavour to notify you of any minor change to your Holiday as soon as possible, and we will not compensate you for any such change. What is a minor change is decided by us alone at our discretion, and will most likely be any change to your Holiday that is not a material change as detailed below.
7.3. Occasionally it is necessary to make a material change to your Holiday. Only the following are material changes (“Material Change”):
7.3.1. a change to the departure/arrival airport (except for when the new airport serves the same city as the original one);
7.3.2. a change in your departure time from the UK by more than 12 hours; and
7.3.3. a change in your Holiday’s accommodation to a standard of lower official rating.
7.4. In the event of a Material Change you will have the following options:
7.4.1. Agree to the changes and accept their impact including consequential price variation;
7.4.2. Transfer to another Holiday organised by us (subject to availability) of the same or lesser value;
7.4.3. Cancel the Holiday and receive a refund (where possible) of monies paid.
7.5. We reserve the right to change any part of the Holiday after departure due to local circumstances or events outside of our control. In such circumstances, any additional costs will be covered by you, including incidental costs that may be incurred such as visas, vaccinations and non-refundable flights.
8. Cancellation of your Holiday
8.1. If you decide to cancel your Holiday you must notify us by email to email@example.com and upon confirmation of receipt from us, the Holiday booking will be cancelled. The date of cancellation will be the date we confirm receipt.
8.2. Your Holiday will be cancelled if we do not receive full payment of the Quote at least three months before the Holiday begins, unless the Company otherwise decides.
8.3. If your Holiday is cancelled, we will refund you the payment you have made to us:
8.3.1. less any amount that has been paid to our Suppliers and cannot be recovered from them;
8.3.2. less any losses we have incurred as a result of currency exchange fluctuations; and
8.3.3. less our reasonable charges for processing the cancellation and the time spent by us organising your Holiday.
8.4. Subject to our third party Suppliers terms and conditions, where you have booked a Holiday with us, you or any Associated Traveller, may transfer your Holiday booking to any suitable third party provided you notify us at least 30 days prior to departure. You must provide us with the full name, address and contact number of the person to whom you want the new ticket to be issued, deliver your ticket to us and pay us a reasonable administration fee for issuing the new ticket, as determined by us.
8.5. Any additional costs or penalties involved with such substitutions, such as changing airline tickets, will be passed onto you and must be paid to us upon request.
9. Our liability to you
9.1. Lekker is liable to you for the proper performance of its obligations under this contract. We accept liability for any failure to perform the contract or the improper performance of the contract, unless the failure or the improper performance is due to:
9.1.1. You or any other person in your party; or
9.1.2. A third party unconnected with the provision of our services to you and are unforeseen or unavoidable; or
9.1.3. Unusual and unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
9.1.4. Any event which we, even with all due care, could not foresee or forestall including any Act of God or Act of Terrorism.
9.2. Where any failure to perform is as a result of clauses 9.1.2, 9.1.3 or 9.1.4 we will provide you with such assistance as Lekker is reasonably able to provide.
9.3. Our liability to you, is in any event limited to the lesser of the following:
9.3.1. Except in the case of damages for death or personal physical injury, twice the amount paid by the person claiming for the Holiday; or
9.3.2. The minimum amount payable under any international convention governing or relating to the provision of the service complained of. Lekker is to be regarded as having the benefit of any limitation of compensation contained in any of these conventions; or
9.3.3. The contractual terms of companies that provide transportation for your travel arrangements. These terms are incorporated into this contract.
9.4. Lekker will not liable for any loss suffered by you as a result of one of our Suppliers failing to perform their obligations.
10. Acceptance of Risk
10.1. You acknowledge and accept that the nature of the trip could be adventurous and participation involves some degree of personal risk. You also acknowledge that the political, cultural and geographical nature of some of the countries visited by you during your Holiday are more challenging and unstable than that which is experienced in the UK. It is your and your Accompanying Travellers’ responsibility to source and understand possible relevant travel information risks associated with travelling. You acknowledge and accept all and any personal risk involved in such travel and warrant that all Accompanying Travellers have accepted such perceived risk.
11. Travel Documents
11.1. You and your Accompanying Travellers must be the holder of a valid passport (valid for 6 months from the date of your return from the Holiday), and have obtained all appropriate visas, permits and certificates for the countries you will visit. You accept full responsibility for obtaining all such visas, documents and permits prior to the commencement of the trip and you are solely responsible for any adverse consequences resulting from missing or defective documentation of the above nature.
11.2. Any advice or information that we give with regard to visas, vaccinations, climate, clothing, baggage, special equipment etc. is purely advisory and is provided as a courtesy to you. While we shall take reasonable care to ensure the accuracy of any such advice, we accept no responsibility or liability for the accuracy of the information provided. Lekker is happy to supply you with an information sheet regarding visas for British citizens holding British passports upon demand.
12. Claims and Complaints
12.1. If you have a complaint or problem during your trip, please inform our representative or the Supplier (for example the hotelier) immediately so that they may try to address it immediately. Should the problem not be resolved to your satisfaction, please put your complaint into writing and send it to us by email within 30 days of the end of your trip. Failing to do so deprives us of the opportunity to investigate and further address the matter and you will therefore be deemed to have waived any rights against us if we do not receive your complaint within this period.
12.2. We exclude all liability for any loss or damage to your and your Accompanying Travellers’ property.
13.1. We strongly recommend that you take out insurance cover against cancellation, curtailment, personal liability and loss of property for your Holiday. In some circumstances, which we will notify to you, it will be compulsory that you and your Accompanying Travellers have insurance cover before, during and after the Holiday. We will not be responsible for any costs incurred as a consequence of inappropriate or insufficient travel insurance being purchased.
13.2. You and your Accompanying Travellers may be obliged to present proof of insurance on the day the Holiday commences.
14. Personal Information
14.1. In certain circumstances third party Suppliers may require us to provide them with your personal information, including sensitive personal information about your health. You hereby consent to us providing all details that we have about you, which will only provide when we deem it necessary. By providing us with such information, you consent to us using and sharing that information as appropriate.
14.2. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give us as explained above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing, we will tell you this when we ask for your details and give you the opportunity to opt out if you do not want us to do so.
15.1. These Terms and any non-contractual obligations arising out of or in connection with it, are subject to English Law and the exclusive jurisdiction of the Courts of England.