Terms and Conditions

1. Applicability of these Terms and Conditions.

These are the terms and conditions (“Terms”) on which we agree to supply specialist itinerary services to you and together with the Proposal form they form the basis of the contract between you and Noteworthy.

Please ensure that you read these Terms carefully. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions concerning these Terms please contact us so that we can answer your question before you make the booking.

2. Words or expressions used in these Terms In these Terms:

“we”, “NoteWorthy” or “us” refers to Worthy International Travel Ltd (a company registered in England and Wales with registration number 02007484) of 142, Buckingham Palace Road, London, SW1W 9TR and “you” refers to the person (or persons) who is/are contracting with us for the provision of our services as set out in the Proposal Form. You may be a Traveler or Travelers, or a Tourism Business (who will on-supply our services to the Traveler(s));

“acceptance” means your acceptance of the Proposal signified by receipt by us of the Advance Payment, and “booking” has the corresponding meaning;

“Advance Payment” means the advance payment described in section 4 below;

“Contract” means the contract between you and us for the supply by us to you of the Program consisting of: (a) the Proposal and (b) these Terms that are deemed to be incorporated in and form part of the contract,

“Package” has the meaning as defined in the Package Regulations,

“Package Regulations” means The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended from time to time), which apply where your booking with us consists of the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:
(a) transport;
(b) accommodation;
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package,

“Party” means the persons who will attend the Program, and “Member of the Party” shall be construed accordingly. The Party may consist of one or more Travelers (who have contracted to receive the Program ) and one or more other persons (who have no contractual rights to the Program and who are guests of the Traveler);

“Program” means the Package of services comprising the chosen itinerary and associated arrangements set out in the Proposal;

“Proposal” means the written “At a Glance” proposal issued by us that sets out the details and price of the chosen Program, which amounts to a Package, and also contains a copy of these Terms;

“Tourism Business” means a travel or tourism-related business which is procuring the Program (as principal) for on-supply to the Traveler,

“Traveler” means a person or persons contracting directly with us or with the Tourism Business to receive the Program and who is going to attend the events, experiences, accommodation and/or travel comprising the Program as one of more of the members of the Party,

“VAT” means value added tax or any other similar tax.

3. The Proposal and your Contract with us. Once you have confirmed with us your Program requirements we will provide you with a Proposal that includes details of the Program and the price including the Advance Payment and a confirmatory invoice for the Advance Payment. If you are satisfied with the Proposal you should pay the Advance Payment as explained below under “Payments”. Receipt by us of the Advance Payment signifies your acceptance of the Proposal and the time when the Contract between you and us commences and becomes binding.

The price and any other charges set out in the Proposal will be valid for a maximum period of 14 days. If we don’t receive the Advance Payment within the period specified in the initial confirmatory invoice no binding contract will come into force between us and we reserve the right to revise the Program and/or the price and charges should we feel it necessary in which case, if you wish to continue with the booking, we will provide you with a revised Proposal and invoice that will also be valid for a maximum period of 14 days.

The contacts and content of the proposal we send you is the property of NoteWorthy. Should you contact or book directly with a NoteWorthy contact then you will be a liable for a planning and introducers fee.

We will send a further invoice for the balance of the Price that is payable usually no later than two calendar months prior to commencement of the Program, unless the booking has been made within the two calendar months period prior to the commencement of the Program in which case we will issue one invoice for the whole of the Price including the Advance Payment and that invoice will be payable immediately.

If you are a Tourism Business then we may at your request communicate directly with the Traveler and/or the Party, and may agree to take payment from the Traveler on your behalf, but this will not affect the fact that our contract to supply the Program is with you, and that you are on-supplying the Program to the Traveler. If we take payment from the Traveler on your behalf, we will deduct the Price from such payment (to the extent it exceeds the Price) and forward as soon as reasonably practicable after receipt of cleared funds] any such excess amount to your nominated bank account or if such is less than the Price you will be liable to pay us the amount of the shortfall in accordance with this Contract.

All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named Traveler in the Party (aged eighteen years or over) will be treated by us as the ‘lead name’ for the booking and all correspondence, tickets, vouchers and other documents relevant to the Program will be sent to that person. If you are not a Tourism Business, that person will be responsible for making all payments due to us in accordance with the Contract.

If you are a Traveler, these Terms apply to you and all other Travelers in your Party. You should ensure that you have read and understood these Terms before you accept the Proposal.

By paying, or arranging payment of, the Advance Payment you represent and warrant that you have the authority to accept and do accept the Proposal including these Terms on your own behalf and (if you are a Traveler) on behalf of any other Traveler members of the Party.

Only you shall have any rights to enforce these Terms. If you are a Tourism Business, or if you are a Traveler and there are any non-Traveler Members of your Party, this Contract does not give rise to any rights under The Contracts (Rights of Third Parties) Act 1999 for any other party to enforce any term of this Contract.

It is important that you check the accuracy and completeness of all information about all members of the Party in the Proposal (including all relevant Party members’ addresses for correspondence) and that you check the details of the Program set out in the Proposal before you accept the Proposal. If any details appear to be incorrect or incomplete, please contact us immediately as it may not be possible to make changes later. We regret that we cannot accept any liability if we are not notified of any error or inaccuracy (for which we are responsible) within 10 days of the date of the Proposal. We will use our reasonable endeavours to correct any error or inaccuracy outside of this time limit but in that case you must pay any costs that we may incur as a result of doing so.

Price

The total price and any other charges (together the ‘Price”) payable for the Program will be set out in the Proposal and the invoice(s) issued by us to you. On some occasions suppliers from whom we obtain services as part of your Program may unexpectedly require non-refundable deposits or full payment for their services (in addition to any Advance Payment made at the time of booking) in advance of the date the balance of the Price is due in order to secure those services even if they have previously confirmed availability of those services. If this is the case we may have to ask you to pay an additional Advance Payment to cover this. We endeavour to ensure that the most up to date and correct prices are shown in our Proposal however, we reserve the right to raise or lower our prices at any time to reflect changes in the costs we incur in providing the services. Occasionally, an incorrect price may be shown, due to an error. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price that is actually applicable to the Program. The Price will include any [UK] VAT that is properly chargeable in respect of our services. If you are a UK Tourism Business and require a full VAT invoice for VAT purposes please let us know.

4. Payments and Advance Payment Advance Payment

An Advance Payment must be received to confirm the booking.

If the Price of your Program is less than £3,000 then the Advance Payment shall be 100% of the total price shown on the invoice.

If the Price of your Program is at equal or more than £3,000 then the Advance Payment shall be 40% of the total price shown on the invoice.

As is stated in the Proposal we must receive the remaining balance (60% of total costs) no later than two calendar months before the beginning of the Program or programme.

Payment of the balance of the Price

If you have not paid the Price in full, any unpaid balance of the Price must be received by us by the date set out in the invoice (usually at least two calendar months before commencement of the Program).

How to make payments

Unless we have otherwise agreed in writing all payments should be made in GB pounds sterling by:

(a) credit card (subject to an additional payment by you to cover any fee that the credit card company might charge us for the transaction of which we will inform you at the time) or

(b) by International Money Transfer to:

Account name: Worthy International Travel Ltd.,
Account No. 60086002,
Sort Code 40-11-60,
Address: HSBC, 60 Queen Victoria Street, London EC4N 4TR,
IBAN: GB31 HBUK 401160 6008 6002,
BIC: MIDLGB22.

(c) if we agree in writing that payment can be made in US dollars (US$):

US $ transfer to Financial Institution :(no fees apply)

Account name: Worthy International Travel Ltd.
Address: HSBC Bank USA N.A., Fifth Avenue Office, 452 Fifth Ave, New York, NY 10018.
Account Numbers (bank code identifying your new accounts): 048708607.
Routing Number (bank code for checks and ACH): 21001088
ABA Number (bank code for wire transfers): 021001088
SWIFT Code (bank code for international wires): MRMDUS33

All bank charges relating to our receiving the payment must be pre-paid by you. If payment is made by International Money Transfer a charge of £15.00 must be added to our invoice to cover bank charges.

5. Failure to pay the Price on time and Interest on late payments

If we have not received full payment of the Price by the date specified in the invoice(s), we reserve the right to treat your booking as cancelled by you and you will forfeit your Advance Payment by way of cancellation charges. We will notify you in writing if we are treating the booking as having been cancelled by you in accordance with this section.

If you request us not to treat your booking as having been cancelled with effect from that date for whatever reason, for example, because you have told us that you will be making payment but you subsequently fail to make such payment we will be entitled to treat your booking as having been cancelled by you and you must pay the cancellation charges set out in section 11 depending on the date that we treat your booking as having been cancelled by you.

If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% per annum above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6. Are your payments protected in the event of our insolvency?

In accordance with the Package Regulations your payments are protected as [all monies paid to us by you are held in a trust account from which they may only be withdrawn by us on completion of our contract with you or such monies have been repaid to you or forfeited in accordance with these Terms] OR [we also hold insurance cover to protect your payments].

7. Special dietary requirements, medical conditions, disabilities and reduced mobility

If you or anybody in the Party has any special dietary requirements or disability or medical condition or suffer from reduced mobility that may affect your arrangements or the booking process, please provide us with full details before you finalise the booking so that we can advise as to the suitability of the chosen arrangements and where possible assist you with designing the Program and making the booking to accommodate these circumstances although we cannot guarantee that we will be able to do so. You must also advise us of any changes in such circumstances or onset of them after you have made the booking.

8. Insurance

Unless you specifically request us to arrange insurance cover for you for which there would be an additional charge there is no insurance cover included in the Price for the Program. We strongly advise that you arrange insurance cover that is adequate and suitable for your chosen Program and your Party’s particular needs, including insurance for cancellation of the Program that would cover loss of the Advance Payment and cancellation charges that you would have to pay as set out in section 11 below and any other associated cancellation costs and including insurance for the costs of any medical treatment required during the Program.

Please read any applicable insurance policy carefully and, if you are a Traveler, keep it with you during the Program and when travelling to and from the place where your Program begins and ends. Under the Package Regulations we are required to provide you with information about insurance that you may, if you wish, take out in respect of the costs of cancellation by you or the cost of assistance, including repatriation, in the event of accident or illness and this information will be included in the Proposal which you should read before you accept the Proposal.

9. Alterations to your Program at your request

If you want to alter any part of your Program after we have issued the confirmatory invoice we will use our reasonable endeavours to accommodate the alteration but it may not be possible in all circumstances. Any request for any alterations must be made in writing by you. If we can make the alteration we may charge an administration charge of £50 per person included in the Party together with any further costs directly incurred by us as a result of the alteration which may include any cancellation or administration fees charged by our third party suppliers as a result of the alteration.

10. Transferring bookings

If you wish to transfer your or another person’s place in the Party to another person (introduced by you), you may do so provided the reason for the transfer is personal illness, the death or serious illness of a close family member, jury service, redundancy or unavoidable work commitments. Requests for a transfer must be made in writing at least 30 days prior to departure and must be accompanied by documentary proof of the reason for the transfer (eg a doctor’s certificate), full details of the person who will replace you or the original member of your Party, any outstanding balance due for the tour, a payment of £35 per person to cover our administration costs, plus such amount as our third party suppliers require to effect the change (if the transfer can be made). We will inform you in writing of the payments and charges that must be paid before the alteration can be made.

11. If you want to cancel your Program

If you wish, following the issue by us to you of the confirmatory invoice, to cancel your Program, or that part of the Program that relates to any person in the Party, you must notify us in writing stating the reason for cancellation. Cancellation will only be effective upon our receipt of your written notification of cancellation.

We will have incurred costs in arranging your Program and cancelling all or part of it at your request and, therefore, if you cancel all or part of the Program the following charges will be payable by you to reimburse us for all or part of the costs that we have incurred:

(a) we will be entitled to retain the Advance Payment Price (or, in the case of a group booking, that part of the Advance Payment that relates to those members of the Party whose Program is being cancelled),

(b) the following additional cancellation charges (the amount of which depends when the cancellation occurs) expressed as a percentage of the Price (or, in the case of a group booking, that part of the Price that relates to those members of the Party whose Program is being cancelled will apply if they exceed the amount of the Advance Payment(s) unless you are otherwise advised in writing at the time of making the booking:

Example of how cancellation charges are calculated: If the Price for a Program for one person is £4000, then in accordance with section 4 above as the Price is more than £3,000 the Advance Payment would be 40% of the Price which would amount to £1,600.

(a) In that example if the cancellation is made between more than 60 days before commencement of the Program only the Advance Payment is forfeited and no additional cancellation charges would be payable as the Advance Payment of 40% of the Price is higher than the cancellation charge of 30% of the Price.

(b) In that example If the cancellation is made between 30 and 60 days prior to commencement of the Program the cancellation charge would be 50% of the Price (i.e. 50% x £4,000 = £2,000) as this is higher than the Advance Payment of £1,600.

No allowance or refund can be made for meals, rooms, excursions etc. included in the Price of your Program but not taken, nor can any refund be made for services that cannot be used due to lost, mislaid or destroyed travel tickets or vouchers. Part cancellation of a booking may result in increased costs for the remaining Party members

12. Alterations to or cancellation of your Program by us

This Section only applies to the Contract you have with us and does not apply to any contract entered into directly by you or any member of your Party with any third party supplier.

We use our utmost efforts to provide you with the Program that you have booked but because we often plan arrangements a long time in advance of your Program using third party suppliers such as proprietors or operators of places of interest, hotels or transport services over whom we have no direct control it may be necessary for us to make alterations to your Program and we reserve the right to do so. In most cases these changes will be minor. For example, admission to Royal Palaces and Gardens, Official Residences, Government buildings, and other places of historical or other interest that are used for Royal or State ceremonies or for other official purposes may be restricted or denied at short notice.

However occasionally changes may be significant in which case we will inform you in writing as soon as is reasonably practicable.

A significant change would include a change of accommodation to that of a lower standard, a significant change in the Price or a significant change to the Place(s) of interest that were included in the original Program.

If we have to make any significant changes to your Program or cancel your Program you will have the following options:

(a) you may accept the changes to the Program,

(b) you may purchase from us an alternative Program of similar standard to that originally booked (subject to availability) that we offer you and if this alternative Program is cheaper than the original Program you will receive a refund equal to the difference in price; or you may purchase from us an alternative Program and if this alternative Program is more expensive than the original Program you will need to pay more for the alternative Program or if it is cheaper you will receive a refund equal to the difference in price, or

(c) you may cancel the Program, or accept our cancellation of the Program, in which case we will refund to you all monies paid by you under the Contract including the Advance Payment. In appropriate cases you may also be entitled to compensation if in accordance with the table below.

If we have to make a significant change or there is a cancellation of your Program we will, if appropriate and depending upon the circumstances and when the significant change or cancellation is notified to you, pay you the following compensation (the amount of which depends when the notification of change or the cancellation occurs), subject to the exceptions explained below:

Compensation will not be payable and no liability beyond offering the above mentioned choices is accepted by us where (a) we have to make a change to or cancel your Program as a result of unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (b) if we cancel the Program as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is minor.

13. Third party supplier making changes or cancelling

If any third party supplier changes or cancels any part of your booking, we will pass on the new details to you together with any compensation that the third party supplier may offer. As agent only for the third party supplier we cannot accept any liability for any changes or cancellations made to these bookings.

14. Changes or cancellation due to events beyond our control – “force majeure”

Except where otherwise expressly stated in these Terms, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under the Contract is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”.  In these Terms, “force majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, quarantines, fire, dangers incident to transportation, or failures in public or private telecommunications networks and other situations which are outside our control

15. Your responsibilities

Entry into the United Kingdom and health

It is the responsibility of the person who makes the booking to ensure that all members of the Party are in possession of all necessary travel and health documents for entry into the United Kingdom (where applicable). Up to date information on passport/visa requirements for entry into the UK can be found at https://www.gov.uk/government/organisations/uk-visas-and-immigration

We are not liable if you or any member of the Party is refused a visa or entry into the United Kingdom such that you or any member of the Party is unable to participate in the Program; and if you cancel the Program as a result you will be liable to pay our normal cancellation charges. The person who makes the booking is also responsible for ensuring that every member of the Party has adequate travel insurance (see section 8 above). above).

Damage

You accept liability for any damage or loss caused by you to us, any third party supplier or any other party and you agree to compensate us for any claim made by any person against us, and all costs and losses (including our reasonable legal costs) incurred by us at any time, arising from any damage caused by, or any other act or omission of, you or any member of your Party. You should ensure that you and other members of your Party have adequate insurance to cover any such damage, losses or costs.

16. Dealing with complaints

In the unlikely event you have a complaint about any of the Program arrangements booked with or through us, you must tell us or the relevant third party supplier as soon as possible. You can contact us by telephone on +44 (0) 20 3051 5165 by email at info@noteworthy.co.uk. That will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that we or the relevant third party supplier will have the opportunity to put matters right quickly. If you fail to do this, any right to compensation, which you may have, will be extinguished or reduced. If your contract is with a third party supplier, as we act only as agent, we cannot accept any liability for the arrangements provided by that third party supplier. Any assistance provided in resolving a complaint in relation to any booking of this type is provided on a goodwill basis and in our capacity as agent.

17. Our liability to you

This Section only applies to the Contract you have with us and does not apply to any contract entered into directly by you or any member of your Party with any third party supplier.

(a) In respect of Packages We promise that the Program arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you or any member of your Party suffers death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.

(b) In respect of other arrangements that are not Packages We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/visits/transportation, as well as using our reasonable skill and care in choosing our suppliers.

(c) In respect of Packages and other arrangements We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:

(1) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party,

(2) the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable, or

(3) “Force Majeure” as defined in Section 14 above.

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

(e) We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this Section. For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Program.

(f) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Montreal Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves.

18. Excursions and supplier’s terms and conditions

We will not accept responsibility for services or facilities which do not form part of our Contract. For example any excursion, tours or activities you book separately from us during the Program, or any service or facility which any other supplier agrees to provide for you (“Local Events”) are not part of the Program provided by us and these Terms do not apply. For any Local Event your contract will be with the supplier of that Local Event (and not with us) and the supplier’s own terms and conditions will apply. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier.

19. Data Protection Policy

In order to process your booking and meet your requirements, we may need to pass personal details of Party Members on to the relevant suppliers of your travel arrangements including third party suppliers. We would also like to hold such information (including any email address), where collected by us, for our own future marketing purposes (for example, to inform them of promotional offers or to send them our brochure). If you do not wish for such approaches to be made in future, please inform us as soon as possible. For full details of our data protection and privacy policy, and an explanation of how these personal details will be used by us, please refer to our privacy policy.

20. Law and Jurisdiction

This Contract is governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you are a resident in either of those jurisdictions.

Copyright: Worthy International Travel Limited © 2018