Experience booking conditions

Experience booking conditions

Experiences are provided by independent local companies which are neither owned nor controlled by The Thinking Traveller and for whom we act only as an agent. Whilst every effort is made to keep the description of every Experience up to date, the provider may cancel or amend your experience at their discretion for many reasons including where it considers that there may be a risk to your comfort, health or safety. Some excursions/activities (i.e. helicopter rides, excursions on Mount Etna, boat charter, etc.) may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should contact us so we can put you in contact directly with the local provider before deciding to buy. Please also check that you are covered for the activity(ies) in question by your travel insurance policy.

In acting in the capacity of an agent on behalf of the provider, your contract will be with that provider and will be subject to their standard terms and conditions, and it will not form part of your contracted holiday arrangements with us. Any complaint (including any allegation of breach of contract or negligence) should be taken up with the excursion/activity provider directly. We will do our best to assist you but will have no liability in relation to the performance of that contract.

1. These terms

1.1 What these terms cover. These are the terms and conditions which govern your booking of experiences or any other additional services (which we will refer to together as “Experience(s)” in these terms and conditions) with us.

1.2 We only act an an agent. Experiences are provided by local companies or individuals who are wholly independent of us. When we make sales of Experiences we act only as an agent on behalf of the third-party supplier of the Experience in question, and your contract for the Experience you have booked will be with that third-party supplier (who we will refer to as the “Supplier/Principal” in these terms and conditions).

1.3 Why you should read these terms. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will sell Experiences to you, how you and the Supplier/Principal may change or cancel your booking, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. We are The Thinking Traveller Limited a company registered in England and Wales. Our company registration number is 04421653 and our registered office is at The Old Truman Brewery, 91-95 Brick Lane, London E1 6QL.

2.2 How to contact us. You can contact us by telephoning our team at 0207 377 8518 or by writing to us at info@thethinkingtraveller.com or The Old Truman Brewery, 91-95 Brick Lane, London E1 6QL.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Your booking

3.1 Your agreement when making a booking. When you make a booking with us, the first named person on the booking (the party leader) agrees on behalf of all persons named on the booking that he/she:

  1. has read these terms and has the authority to and does agree to be bound by them;
  2. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
  4. accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.

3.2 Our agency status. When you make a booking of an Experience we act as an agent on behalf of the Supplier/Principal of your chosen Experience. This means that your contract is with the Supplier/Principal and not with us. We are not responsible to you for the provision of the Experience, this responsibility lies with the Supplier/Principal.

3.3 Your contract. When you make a booking of an Experience, we will arrange for you to enter into a contract with the Supplier/Principal of your chosen Experience. Your booking with us is subject to these terms and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you.

4. Making a booking

4.1 How to make a booking. You can initiate a booking of an Experience before you travel with your relevant Local Specialist (via telephone or email) or, where possible, via your Secure Client Area. For all bookings where there is a deposit or administration charge payable in order to confirm the booking, an option will be placed on our booking system which you will be able to view and confirm in your Secure Client Area.

4.2 Confirming your booking. Your Experience booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you either a payment confirmation or booking confirmation on their behalf. Your final invoice should be given to you by the Supplier/Principal when you receive the Experience. All correspondence and documents will be sent to the email address registered on your Secure Client Area.

4.3 Your responsibility to check your documents. It is your responsibility to check the payment confirmation and any other documents we send you carefully, as soon as you receive them, and contact us immediately if any information which appears on this or any other document appears to be incorrect or incomplete.

4.4 If we cannot accept your booking. If we are or the relevant Supplier/Principal is unable to accept your booking, we will inform you of this in writing and will not charge you. If you have already made payment, we will refund this to you. This might be because the Experience is no longer available, or because we have identified an error in the price or description of the Experience.

4.5 Your booking reference. We will assign a reference number to your booking and tell you what it is when we confirm your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.

5. Price of and payment for your Experience

5.1 Where to find the price. Prices for Experiences will be sent to you, upon request, via email by your Local Specialist. Prices for certain additional services available at the property(ies) in which you will be staying (e.g. massage service, yoga and cook service) are also quoted in the property’s House Guide, which will be sent to you once full payment for your property booking has been received. The House Guide for the property(ies) in which you will be staying will also be available to download as a PDF from your Secure Client Area.

5.2 The price may change after you have booked. In some cases, Supplier/Principals reserve the right to pass on any increase in the price or additional charges which arise after booking in accordance with their terms and conditions.

5.3 Currency in which payments must be made The prices for all Experiences are quoted in Euros and, where you are required to pay your balance locally, you will need to pay the balance due in Euros. For all Experiences where full payment is made to us (with the exception of wine orders – please see below) you will be able to choose whether to confirm your booking in Euros, Sterling or US Dollars. Please note that when we take full payment for an Experience or additional service, the currency and amount will be fixed at the time of booking and the balance payment will be in the same currency as the deposit payment. Payments for wine orders (Planeta and Tormaresca) are only accepted in Euros.

5.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some Experiences may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price at your booking date is less than our advertised price at your booking date, you will be charged the lower amount. If the correct price at your booking date is higher than the price advertised, we will contact you for your instructions before we confirm your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the Supplier/Principal may cancel your booking and refund you any sums you have paid.

5.5 How to pay for your booking. The applicable payment method depends on the Experience you have booked. You will either need to pay a booking fee or a deposit at the time of booking and then the balance locally (in Euros) to the Supplier/Principal or we will take payment (deposit at the time of booking and balance 9 weeks prior to departure or full payment at the time of booking if within 9 weeks of departure) on behalf of the Supplier/Principal and no further payment will be due locally. Where payments are made to us, we accept the following methods of payment: Credit cards: Visa, MasterCard and American Express; Debit cards: Maestro, MasterCard Debit, Visa Electron, and Visa Debit. We also accept payments by bank transfer.

5.6 You must ensure you are able to pay locally, where appropriate. For those Experiences where local payment is required, you must ensure that you are able to pay using a method that the Supplier/Principal is able to accept. Please note that many Supplier/Principal’s will only accept a Euro cash payment and do not have credit or debit card facilities. Please check with us if you are unsure which method of payment you can use for your particular Experience.

6. How to make changes to your confirmed Experiences booking

6.1 How to request a change. Should you wish to make any changes to your confirmed Experience booking, please contact us. We will contact the Supplier/Principal and let you know if the change is possible. Changes to your Experience booking can only made in accordance with the Supplier/Principal’s terms and conditions. If the change is possible, we will let you know about any changes to the price of the Experience or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the Supplier/Principal cannot make the change or the consequences of making the change (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 7).

6.2 Our amendment fee. Where your requested change can be made, you must pay all costs and charges incurred or imposed by the Supplier/Principal together with an amendment administration fee of £25 per change, before the change can be made.

6.3 Not all Experiences can be changed. Please note that certain Experiences cannot be changed or transferred after they have been confirmed and any change could incur a cancellation charge of up to 100% of the cost of the Experience and require you to re-book.

7. If you wish to cancel your confirmed Experiences booking

7.1 Your right to cancel your booking. You may cancel your confirmed Experience booking at any time. Should you wish to do so, you must contact us in writing, using the contact details at clause 2.2. Such notification will only be effective on receipt by us.

7.2 Cancellation charges may apply. Where you cancel a confirmed Experience booking, the Supplier/Principal’s cancellation charges shall apply and you will be required to pay those cancellation charges. In particular, please note that:

  1. if you cancel either a cook service or shopping service within 48 hours of the start of the service and the shopping has already been done, you will be liable to pay for the shopping on presentation of a receipt. If a cook service or shopping service is cancelled on the same day as the service is to be provided or is due to commence then the full cost of the service will be payable to the Supplier/Principal.
  2. for Experiences where the balance payment is due locally, you may need to pay a cancellation fee to the Supplier/Principal directly in accordance with their terms and conditions;
  3. Where you have booked a transfer, it is typically the case that the Supplier/Principal will apply the following cancellation charges (however, we will advise you if different cancellation charges apply, at the time of booking):

Period before departure within which we receive written notification of cancellation (as a % of total invoice)

  • More than 7 days: None
  • 7 days – 73 hours (inclusive): 20%
  • 72 hours – 25 hours (inclusive): 50%
  • 24 hours or less: 100%

7.3 Certain fees are not refundable. All booking and administration fees are non-refundable.

7.4 Cancellation fees may be covered by your insurance policy. Depending on the reason for cancellation, you may be able to reclaim any cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned and we are able to provide a cancellation invoice on behalf of the Supplier/Principal, on request.

8. If the Supplier/Principal changes or cancels your confirmed Experiences booking

8.1 Our responsibility if the Supplier/Principal changes or cancels your booking. Please note that since we act as a booking agent on behalf of the Supplier/Principal we have no liability to you in the event the Supplier/Principal makes a change to or cancels your confirmed booking. We will, where we become aware of such issue, inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed booking or to cancel your booking. We will also liaise between you and the Supplier/Principal in relation to any alternative experience arrangements offered by the Supplier/Principal, but we will have no further liability to you.

8.2 Where you are due a refund from the Supplier/Principal. Where the Supplier/Principal is required to cancel your booking for any reason, we will, where possible, assist you in obtaining a refund from the Supplier/Principal. Where the Supplier/Principal refunds your booking amount, we will forward this on to you – but only when we have received that refund from the Supplier/Principal. We cannot refund any amount to you if we haven’t received the same from the Supplier/Principal. Any refund due to you which is received by us from the Supplier/Principal, will be forwarded on to you in accordance with this clause.

9. Events beyond our control

9.1 What are Events Beyond Our Control. In these terms, “Events Beyond Our Control” means a situation which is beyond our or the Supplier/Principal’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics (including but not limited to the ongoing impact of the COVID-19 pandemic), fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel.

9.2 Responsibility for Events Beyond Our Control. Except where otherwise stated in these terms, neither we nor the Supplier/Principal of your chosen Experience will any liability including for compensation, costs and expenses where the performance or delivery of an Experience is prevented or affected by, or you otherwise suffer any damage, expense or loss as a result of Events Beyond Our Control.

9.3 Covid-19. You acknowledge that the Supplier/Principal of your Experience will need to comply with national and/or local guidance and requirements relating to Covid-19 and will have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of your Experience and all measures will be taken with the purpose of securing your safety and those around you.

10. Our responsibilities

10.1 Our responsibility for your Experience booking. For all sales of Experiences we act as a booking agent on behalf the Supplier/Principal. As agent, we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Experience(s) provided by them. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Experiences that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

11. Your responsibilities

11.1 You must check what you are booking and that your chosen Experiences are suitable for you. You must ensure you check all details of your chosen Experience at the time of booking. Some Experiences (e.g. helicopter rides, excursions on Mount Etna, boat charter etc.) may involve an element of risk or require a good level of physical fitness. If you are in any doubt as to what may be involved (including any fitness requirements), you should contact us so we can put you in touch with the Supplier/Principal before deciding to confirm your booking.

11.2 Insurance. You must purchase adequate travel insurance for your Experience. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs, ensuring it covers all the activities you plan to undertake and protects you against cancellation, medical and repatriation expenses and personal liability claims. If you wish to arrange additional activities while you are away, please check your cover before doing so. Please read your policy details carefully and take them with you. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.

11.3 Travel advice. For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites (or the applicable website for your country of residence) before booking in order to make an informed decision about your Experience and the destination in which it will take place, and again before departure.

12. If there is a problem with your Experience

12.1 How to report a problem. If you have a complaint about your Experience while it is taking place, you must tell the Supplier/Principal straight away. You can also contact us and, if we are able to, we will assist you in resolving our claim or complaint on a goodwill basis in our capacity as an agent.

12.2 If you are still unhappy after your Experience has taken place. If you have a complaint or claim that you wish to pursue, please write to us within 28 days of the conclusion of your Experience and we will contact the Supplier/Principal on your behalf, in our capacity as an agent only. Since we act as an agent on behalf of the Supplier/Principal, we are not responsible to you for any refunds or compensation payments and nor can these be made without the Supplier/Principal’s authorisation.

13. Other important terms

13.1 Website and Brochure accuracy. Every reasonable effort is made to provide accurate and up to date information on our website and in our brochure. Regrettably, however, changes and errors do occasionally occur. We cannot accept liability for errors. Prices and details of Experiences and additional services are subject to change without notice and availability.

13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.

13.3 If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.4 Which laws apply to these terms and conditions. These terms and conditions are written in accordance with English law.