Terms & Conditions
Fizz on Foot Limited
When you make a booking with us, which we decide in our absolute discretion to accept, you guarantee that as the lead name, you have authority on behalf of your party and each of them to enter into a contract with Fizz on Foot Limited.
The following terms form the basis of your agreement with us. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking terms and conditions and agree to them in their entirety.
These terms comply with the Package Travel, Package Tours and Package Tours Regulations 1992. References to “we”, ‘us’ and ‘our’ means Fizz on Foot Limited of The Vinery 36 Baldwin Avenue Eastbourne BN21 1UP. ‘You’ and ‘your’ means the person who makes the booking (“lead name”) and all other persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. The lead name must be at least 18 years of age at the time of booking.
The contract between us comes into existence when we accept your booking and you pay the deposit or the full amount referred to in the brochure/on our website, as appropriate to the booking as set out herein or as advertised (or other payment due at the time of booking as set out below).
1. The Price of Your Tour. We will always try to give accurate information on price in our advertising and marketing material and at the time of booking. If we notice we have made a mistake, we will notify you as soon as possible before your booking is confirmed.
We reserve the right to increase or decrease our published prices at any time before you book. If there is any increase we will draw it to your attention at the time of booking.
You must pay the required deposit at the time of booking. The balance becomes payable 10 weeks before departure. For bookings made 4 – 10 weeks before departure, the balance must be paid within 7 days of the date of our invoice. Bookings made within 4 weeks of departure must be paid for in full at the time of booking.
In the event of a manifest error in the pricing, the agreement shall be null and void and we will return any payments made by you, less any costs we have incurred.
After final payment for your tour: We guarantee not to increase the price of your tour once the final balance, due ten weeks before your departure, has been paid in full.
No refund will be payable if any decrease in our costs due to any special offers occurs during this period either.
2. Special Requests.
We always do our best to comply with any special requests made at the time of booking but these are not guaranteed and may be subject to additional charge, which we will agree with you (except as set out in clause 1 under your obligations).
3. Alterations and Cancellations by Fizz on Foot Limited.
Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Please note, some of our tours require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular tour has not been received, we are entitled to cancel it. We will notify you of cancellation for this reason no later than 10 weeks prior to departure. Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your tour. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements; or
(b) purchasing an alternative tour from us, of a similar standard to that originally booked if available. We will offer you at least one alternative tour of equivalent or higher standard for which you will not be asked to pay any more than the price of the original tour. If this tour is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the tour we specifically offer you, you may choose any of our other then available tours.
You must pay the applicable price of any such tour. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper; or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
If we have to make a significant change or cancel we will as a minimum, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where
(1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your tour has not been reached (see above).
No compensation will be payable and the above options will not be available if we cancel 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 a minor one.
Period of notification given to you of any significant changes or cancellation
|Period of notification given to you of any significant changes or cancellation||Compensation per booking – % of Total Tour Cost|
|(Number of days before your tour is due to start||If tour is taken||If you receive a refund|
|More than 70 days||Nil||Nil|
Very rarely, we may be forced by “force majeure” (see clause 4 below) to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from the hotel or our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. We agree that should we obtain such compensation payments ourselves, that we will pass on such compensation to you having deducted any reasonable costs, which we have incurred provided always that within this clause, shall obligate us to pursue such compensation.
4. 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 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 “force majeure”. In these terms, “force majeure” means any event 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 actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
5. Marketing Information – Printed and On-line.
We make every effort to ensure that all the information in our guides and brochures and on our website are accurate and comprehensive. It is based on our best knowledge at the time of going to press/publication or on our website. However, changes may be made and errors may occasionally occur. Where possible we will advise you of any changes or errors at the time of your booking. You must also ensure that you check all the details of your chosen tour (including the price) with us at the time of booking.
6. Our Liability to You
a) We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these terms, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour 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, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting wholly within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
b) 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:-
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 4 above. Provided always that our liability, save in the event of a claim arising from death or personal injury or personal illness shall be limited to a maximum of three times the cost of your travel arrangements.
c) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of our country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.
e) 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 bus or coach carrier. 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 concerned would have to pay under the regulation which applies to the travel arrangements in question. When making any payment, we are entitled to deduct any money which you may have received or are entitled to receive from the carrier for the claim in question
f) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including loss of employment, loss of employment remuneration and or self -employed loss of earnings.
7. Excursions, activities and general area information.
We may provide you with information (before departure and/or when you are on the tour) about activities and walks which are available in the area you are visiting. We have no involvement in any such activities or excursions, which are neither run, supervised or controlled by us in any way. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 6a) above will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the tours referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your tour, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a tour with us, we will pass on this information at the time of booking.
8. Conditions of suppliers.
Many of the services which make up your tour are provided by independent hotels and suppliers. The suppliers provide these services in accordance with their own set of terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable conventions (see clause 6e and 6f above). Copies of the relevant parts of these terms and conditions are available on request from either Fizz on Foot Limited or the particular supplier concerned.
1. Special requests and medical conditions / disabilities If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant hotel or supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the hotel / supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability and additional charge if applicable. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you. If you have any medical condition or disability which may affect your tour or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your tour develops after your booking has been confirmed.
2. Regulations and behaviour. You must abide by the rules and regulations of hotels and other suppliers and be considerate towards everyone you come into contact with during your tour. If you fail to observe such rules or behave in such a way as to cause or be likely to cause (in our reasonable opinion or the reasonable opinion of the relevant supplier) danger, distress or significant annoyance to anyone or damage to property, we are entitled without prior notice, to terminate the tour of the person(s) concerned. In this situation you will be required to vacate your accommodation or other service immediately and we will have no further responsibility towards you including any return travel arrangements. No refunds will be made and we will not meet any expenses or costs incurred as a result or pay any compensation.
3. Damage. When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance and public liability and motor insurance to protect you if this situation arises.
4. Safety. You must always take reasonable precautions for your own safety during any of our tours.
5. Facilities in Low Season. The provision of certain facilities at your accommodation may be restricted in low season or in cases of very bad weather. Where specific opening dates are not given, this should not be taken as an implied guarantee of their availability for all the season.
6. Planning your Journey. It is your responsibility to plan your journey and to provide a roadworthy vehicle. We will not make refunds for unused accommodation where insufficient time has been allowed for journeys or if you have broken down. You are responsible for arriving in good time for your tour. We cannot let other clients down by waiting for you if you have been seriously delayed.
7. Holiday Insurance. As responsible tour operators, we believe it is essential that you take out adequate holiday insurance for the duration of your time away. If you have a holiday insurance policy, please provide us with your policy details. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We are not responsible if you do not take out adequate cover.
8. Payment and your Confirmation.
We accept the deposit as part payment for your tour. The final balance must be received by us 10 weeks before departure. Bookings made 4 – 10 weeks before departure must be paid for within 7 days of the date of the invoice. Bookings made within four weeks before departure must be paid for in full at the time of booking. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 9, depending on the date we reasonably treat your booking as cancelled. For bookings made less than 10 weeks but no more than 4 weeks before departure, we reserve the right to require an additional deposit to cover possible cancellation charges and in some circumstances increased administration costs. We will confirm your tour by issuing a confirmation invoice. This invoice will be sent to the lead name. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
9. Alterations and Cancellations. Should you wish to make any changes to your confirmed tour, please notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. All changes are subject to availability. Where we can, an amendment fee of £20 per amendment will be payable together with any costs or charges incurred or imposed by the relevant suppliers. If you reduce the number of nights’ accommodation after your booking is confirmed, we reserve the right to require you to pay for the number of nights originally booked. Alterations within 8 weeks of departure: If you wish to alter your tour dates by more than two weeks this will be treated as a cancellation (see below) and your new tour arrangements will be treated as a new booking. Alterations within 2 weeks of departure: All alterations will be treated as a cancellation (see below) and your new tour arrangements will be treated as a new booking. Alterations whilst on tour: We will do our best to accommodate any alteration you wish to make whilst away (subject to availability). We reserve the right to charge an amendment fee of £20 per amendment to cover administration and telephone costs together with any costs or charges incurred or imposed by the relevant suppliers. You will be required to pay the extra cost (if any) and any extra charges for additional members of your party who were not notified to us when the reservation was originally made. Cancellations: The lead name must confirm in writing all cancellations made before your tour departure date. No action will be taken by us until we have received your written instructions. You are strongly advised to send such notification by recorded delivery as we cannot be responsible for non-receipt of written instructions or emails. Any claims must be made directly to the insurance company concerned. The following cancellation fees (including the amount of the deposit) are payable
• More than 10 weeks: deposit only
• Between 4 – 10 weeks before departure: 40% of the total tour cost
• Between 2 – 4 weeks before departure: 70% of the total tour cost
• Less than 2 weeks before departure: 100% of the total tour cost
Alteration and cancellation of travel bookings: Changes, alterations and cancellations of transport operator bookings are subject to their own terms and conditions and cancellation charges are likely to be payable to them in addition to any Fizz on Foot Limited amendment fees.
10. Complaints and Arbitration. Should you experience a problem with your contracted tour arrangements whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative/agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us using the contact details we have provided you with during your tour, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of the end of your tour giving your booking reference and full details of your complaint. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result. All letters received by us will be acknowledged within14 days of receipt with a full response or explanation for any delay in being able to provide a full response being sent within 28 days of receipt. In the event of your being unhappy with our response, it is agreed that both parties will use their best endeavours to engage the services of an Arbitrator and agree the costs of the Arbitration shall be in the award of the Arbitrator.
11. Your contract. The contract between us comes into existence when we accept your booking and you pay the deposit referred to in the brochure/on our website (or other payment due at the time of booking as set out below). We both agree that English Law (and no other) will apply to your contract and any dispute, claim or other matter which arises between us will be dealt with by the Courts of England and Wales only.
12. Data Protection. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use and pass on the personal data you provide us with (such as name, address, any special requirements etc.). We take full responsibility for ensuring that proper security measures are in place to protect your information in line with GDPR. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. This also applies to any sensitive information that you give to us such as details of disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. We will hold your information, where collected by us, and may use it to inform you of other offers or to send you brochures. If you do not wish to receive such approaches in the future, please write to us at: Fizz on Foot 36 Baldwin Avenue Eastbourne East Sussex BN21 1UP. We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us at the above address and we will delete all your details.