Kated.com Booking Terms & Conditions
Kated.com LTD Booking Terms and Conditions
Kated.com is registered in England under company number 13046758.
Our registered address is 31a Holly Bush Lane, Sevenoaks, Kent, England, TN13 3TJ.
Our VAT registration number is 365 5779 48.
We are a member of Protected Trust Services. See Section 4 for how we protect all your booking payments.
The following Terms and Conditions apply to all holiday packages booked with Kated.com LTD trading as Kated.com (“we”, “us” or “our”). They form the basis of your contract with us. Please read them carefully as they are legally binding. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
1. WELCOME TO KATED.COM
1a. Kated.com is an exclusive members’ only travel club. Kated.com does not itself own or provide any of the services, facilities or travel arrangements that will make up your travel package or holiday. These are provided by third parties, our travel suppliers, i.e. the travel designers.
1b. As a member you provide us with an email address and we will communicate with you by this email address. We will email your confirmation invoice and any other documentation in this way. We may contact you by telephone if it is necessary to discuss your holiday.
2. RESERVING AND BOOKING YOUR HOLIDAY
2a. Our holidays are tailored to your requirements and so bookings are subject to availability. Before a booking is confirmed you will be sent an itinerary proposal with the full details of your holiday. Once you have confirmed to us that you are happy with the proposal we will proceed to take payment and issue you with a booking confirmation.
2b. Please check that all names are the same as the relevant passport, that dates and timings and all other elements of your holiday is correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.
2c. The nature of tailored holidays means we are often not in a position to confirm every requested element at the time of booking. Once we reasonably expect the key elements of your holiday to be available, we will process your payment and a contract between you and us will come into existence.
2d. A binding contract between us and you (the lead name on the booking) is only formed when we issue you with our booking confirmation after received payment from you, in cleared funds, of either the required deposit or the full price of your holiday (depending on when the booking is made relative to the intended departure date).
2e. A contract between you and us will come into existence when we process your credit/debit card payment or deposit your cheque/cash for your deposit or initial payment into our account and issue you with a confirmation invoice. Where we have taken payment from you but are unable to confirm your booking arrangements, we will issue you with a deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
2f. Occasionally, we have to cancel a booking prior to issue of the confirmation invoice, where the supplier is unable to confirm all key elements, and/or we are unable to offer suitable alternative arrangements. If we have to cancel your holiday prior to confirmation or the arrangements we are able to confirm when we issue a confirmation invoice are significantly different to those requested and any alternative arrangements we offer you are not acceptable, we will refund all monies you have paid us. As bookings can only be accepted on the basis set out above, other than the refund no additional compensation will be payable where your booking is cancelled or a significant change made by us (which you accept) in accordance with this clause. We reserve the right to decline your booking and return your deposit payment at our absolute discretion.
2g. The person named on the quotation (“party leader”) must be authorised to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By paying the deposit, the party leader accepts these Terms and Conditions on behalf all members of the party and confirms that he/she is so authorised to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made.
3. PRICE AND PAYMENT
3a. We reserve the right to alter the prices of any experiences or holidays shown on our website or set out in our written proposal to you at any time before your booking is confirmed. You will be advised of the current price before your booking is confirmed.
3b. Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation. Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. To avoid this we can issue an invoice and accept payment in GBP, EUR and USD by bank transfer. Payments must be made in the currency of the quotation and you will be responsible for any bank charges that may be incurred. All our card payments are encrypted using the internationally accepted security system, SSL.
3c. The price of your confirmed holiday is subject at all times to changes in: the price of transportation resulting from the cost of fuel or other power sources; the level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports. We will absorb any increase in price which amounts to 8% or less of your holiday and if the surcharge decreases by 8% or less, we will not refund this sum.
3d. In all cases, a booking will not be confirmed until we are in receipt of cleared funds. A deposit as specified on your quotation must be paid at the time of booking. For certain travel arrangements, the suppliers concerned may require a higher deposit or full payment at the time of booking. If this applies to your booking, we shall advise you of this prior to booking or may request an additional deposit payment after booking.
3e. The balance of the holiday cost must be received by us not less than 30 calendar days before the departure date. Bookings made within 30 days of departure require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in section 8 will apply.
4. FINANCIAL PROTECTION FOR YOUR HOLIDAY
4a.We are a member of Protected Trust Services and provide full financial protection for all the packages that we sell. We do not sell flight-inclusive holiday packages and are not responsible for your international flight arrangements. We sell non-flight package holidays that are covered by a scheme protecting your money.
4b. Your holiday moneys are held in an independent trust account operated by Protected Trust Services. In the unlikely event that your holiday cannot be provided for reasons of insolvency, ours or our travel suppliers, the Trustees of the account will ensure you receive a full refund for all moneys paid.
5a. It is a condition of booking with Kated.com that that you have or arrange adequate insurance cover for personal liability, medical and holiday cancellation to be valid from the date when the contract between us comes into existence until the holiday is completed.
5b. When obtaining travel insurance you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that may be considered high risk such as skiing, scuba diving, white water rafting, travel by light aircraft, paragliding, kite surfing, wind surfing, safaris, mountain trekking and so on. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident.
5c. If you do not arrange the aforementioned cover, Kated.com may, if it chooses, refuse your booking or cancel your holiday, In any event, Kated.com will not be held responsible for any expenses incurred by you or any member of your party, before during or after your trip, as a consequence of inappropriate or insufficient travel insurance being purchased.
6. PASSPORTS, VISAS AND HEALTH FORMALITIES
6a. We will provide you with general information related to passport, visa and health formalities relevant to the destinations included in your trip, including approximate periods for obtaining visas. Most countries now require passports to be valid for at least six months after your return.
6b. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
6c. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or otherwise comply with any passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
7a. All reasonable care has been taken to ensure that the descriptions, facts or opinions on our website are accurate and not misleading. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change. Additionally, information may have been published many months before your holiday takes place and may be subject to change.
7b. We reserve the right to make changes to the website and any information it contains at any time. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) at the time of booking.
7c. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
8. AMENDMENT, TRANSFERS AND CANCELLATION BY YOU
8a. Should you wish to make any alterations to your confirmed holiday you must notify us as soon as possible in writing by email to [email protected] or to our postal address. Any amendment request will not take effect until received by us. Whilst we will endeavour to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
8b. If your request substantially changes the nature of your confirmed holiday, it will be treated as a cancellation and the terms set out in section 8? shall apply. Any change that results in your holiday price being reduced by 10% or more shall be treated as a cancellation and the charges set out in clause 9 apply.
8c. Please note that some accommodation is priced according to the number of people in the booking. If you wish to change the size of your party, the per person cost of the holiday for other members may increase significantly and some airline tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost.
8d. If you and or any member of your party are considering altering your booking in any way please contact us so we can notify you of any applicable charges.
8e. You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract. We must receive at least seven days’ written notice fromyou in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer.
8f. You and the person to whom you transfer the booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs.
8g. You, or any member of your party, may cancel your travel arrangements at any time before the departure date of your package. The cancellation will take effect from the date that we receive written notification of cancellation from you. We accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you.
8h. As we incur costs from the time you make your booking, cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date.
If you cancel your trip more than 30 days before the intended departure date (i.e. before the balance due date) the cancellation charge will be the deposit amount.
Charges for cancellation less than 30 days before the intended departure date will usually be more than the deposit amount and will vary due to the complex nature of our package holidays. Cancellation charges represent our reasonable costs of terminating your contract based on the time of termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services where applicable.
Cancellation charges are likely to increase the closer the departure date and may be up to 100% of your booking. Cancellation charges for your trip can be confirmed to you on request at any time, including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation.
Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider.
8i. In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party. This will be the case regardless of which members of the party make the deposit and balance payments for the booking. All refunds will be paid within seven days of cancellation.
8j. You have the right to cancel your confirmed arrangements before the departure date without paying the above cancellation charges, due to Unavoidable and Extraordinary Circumstances (as defined in section 11) occuring at the place of destination or its immediate vicinity and significantly affecting the performance of the package. In this event you will be entitled to a full refund of any payments made for the package but will not be entitled to any additional compensation.
9. AMENDMENTS AND CANCELLATION BY US
9a. Occasionally we may need to make amendments to your confirmed trip. We may do this at any time and we will advise you of any changes that affect your booking. Most changes will be minor in nature and will not entitle you to a refund or to change your holiday and no compensation will be due. Examples of minor changes include but are not limited to, a change of accommodation to that of a similar or higher standard, a change of the overall length of the package by less than twelve hours.
9b. If we are constrained by circumstances beyond our control to make any significant changes to the main characteristics of your confirmed trip we will notify you as soon as possible. Within the period we shall specify in the notice you may either: (i) accept the proposed changes; or (ii) accept a substitute package of equal or higher value that we offer; or (iii) terminate the contract without paying a cancellation charge.
9c. Where any changes to your contact result in the package being of a lower cost you are entitled to an appropriate price reduction. If you choose to terminate the contract you will be provided with a full refund within seven days after the contract is terminated.
9d. While we hope we never have to cancel your trip, this is occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or higher quality, including but not limited by, the opportunity to postpone your trip to future dates. If we can only offer you alternative arrangements of a lower quality we will give you a full and prompt refund.
9e. If we cannot offer you an alternative we will give you a full refund within seven days and we will also be liable to pay appropriate compensation, unless we are prevented from performing the contract before of Unavoidable and Extraordinary Circumstances (as defined in section 11) occuring at the place of destination or its immediate vicinity and significantly affecting the performance of the package.
10. PERFORMANCE OF THE PACKAGE
10a. Kated.com does not itself own or provide any of the services, facilities or travel arrangements which make up your Package Holiday. These are provided by third party Travel Providers. Our role is to exercise reasonable skill and care in making your booking and to exercise reasonable skill and care in making the arrangements for the Travel Providers to provide the services, facilities and travel arrangements to you.
10b. That withstanding, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
10c. The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Kated.com. 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 which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
10d. If after departure you perceive any lack of conformity during the performance of your package travel contract you must inform us without undue delay. We will remedy any lack of conformity within the reasonable period that you require, unless that is impossible or entails disproportionate costs, taking in account the extend of lack of conformity and the value of travel services affected. If the problem is still not resolved upon your return please write to us within twenty eight days of your return, giving your booking reference and other information. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred and this may affect your rights under this contract.
10e. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make suitable alternative arrangements of equivalent or higher quality for you at no extra charge. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.
10f.You will be entitled receive compensation from us without delay for any damage which you sustain as a result of any lack of conformity, unless the lack of conformity is attributable to you or attributable to a third party unconnected with the provision of travel services included in the package contract and is unforeseeable or unavoidable; or is due to Unavoidable or Extraordinary circumstances (see section 11).
11. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
11a. Except where otherwise expressly stated in these Terms and Conditions, there may be circumstances where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “Unavoidable or Extraordinary Circumstances”.
11b. In these Terms and Conditions, where we refer to “Unavoidable and Extraordinary Circumstances“, it means an event or situation which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid, and the consequences of which could not have been avoided even if all reasonable measures had been taken.
11c. Such events may include but are not limited to, political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God and all similar events outside our or our suppliers’ control.
11d. Advice from the UK Government Foreign & Commonwealth Office to avoid or leave a particular country may constitute Unavoidable or Extraordinary Circumstances.
12. SUPPLIERS’ CONDITIONS
12a. Independent suppliers provide most accommodation, services and transport. All bookings are subject to the additional terms and conditions of our independent suppliers and regulations of these carriers/ transport proprietors/accommodation providers and service suppliers. Copies of the additional terms and conditions and regulations are available on request at the time of booking.
12b. These conditions may limit or exclude our liability to you and may be subject to provisions of international conventions. Many third party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.
13. OUR LIABILITY
13a. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) 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 (iii) Unavoidable and Extraordinary as defined in section 11 above.
13b. Our liability to you (except in cases involving death or personal injury) shall be limited to three times the cost of your holiday, subject to any limits or conditions imposed by the relevant international conventions (copies of which can be made available on request). Our liability shall also be limited in accordance with the contractual terms of our suppliers that provide the travel services built into your package holiday, the terms and conditions of which are incorporated into your booking.
13c. You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
14. PERSONAL INFORMATION AND PRIVACY
14a. By accepting these Terms and Conditions, and pursuant to UK legislation, you consent and authorise us to request from the contracted service providers and process any personal information relating to you or your group.
15. LAW AND JURISDICTION
15a. The contract between us and you is governed by English law and is subject to the jurisdiction of the English courts.
15b. Any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between you and us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
- The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages.
- Kated.com will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Kated.com has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent. More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018.
- Your Key rights under the Package Travel and Linked Travel Arrangement Regulations 2018 can be found by following this hyperlink.
- You can view The Package Travel and Linked Travel Arrangements Regulations 2018 by following this hyperlink.