TERMS & CONDITIONS
Terms and Conditions for Foreverland Ltd. hereafter referred to as ‘Foreverland’.
The information on these pages is important. It explains the responsibilities and obligations undertaken by all parties when booking with Foreverland. When you, being the signatory to the booking or the lead name are acting on behalf of other members of your party, make a booking with Foreverland and it is accepted, a contract is legally made with obligations and rights on your side and ours, as set down below which, unless agreed in writing by each of us, cannot be changed nor be undermined by any verbal understanding.
Unauthorised use of this website and its content may give rise to a claim for damages and/or be a criminal offence. Your use of this website and any dispute arising out of such use of the website is subject to the laws and jurisdiction of England and Wales. From time to time this website may also include links to other websites. These links are offered for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without the prior written consent of Foreverland.
The following Booking Conditions together with the information contained on our website form the basis of your contract with Foreverland. Please read them wisely as they set out our respective rights and obligations. By requesting us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these bookings conditions and agree to them.
In these booking conditions ‘you’ and ‘your’ means all persons named on the booking (including, anyone who is added or substituted at a later date) or any of them as the context requires. References to ‘we’, ‘our’, and ‘us’ are references to Foreverland. All references in these booking conditions to, “event”, “excursion”, “booking”, “contract”, “package”, “tour”, “trip” or “arrangements” mean such package arrangements that you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
To make a booking, you must complete our booking form. This must be signed by the first named person on the booking (“lead booker”). The lead booker must be authorised to make the booking on the basis of these booking 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 agreeing to the booking, the lead booker confirms that he/she is also authorised. The lead booker is responsible for making all payments due to us at this point. The lead booker must be at least 18 years of age when the booking is made. The completed signed booking form must then be sent to us together with the payments referred to under the clause headed “Payment” stated in detail below. Subject to the availability of your chosen arrangements, we will confirm your trip by issuing a verification invoice in the form of an e-ticket. This invoice will be sent to the lead booker. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it. 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). Your full itinerary and any other relevant documentation will be sent to you before departure. Each individual is responsible for the validity of themselves entering into another country and Foreverland will not be held responsible. We will communicate with you by e-mail in relation to your booking. You must accordingly check your emails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
If you wish to, you may contact us by way of email for any of the reasons mentioned in these booking conditions (for example, to request an adjustment) providing you do so to firstname.lastname@example.org
In order to confirm your trip package, a deposit, the amount of which you will be advised of prior to booking (or full payment if booking within 8 weeks of departure), must be paid at the time of booking.
The balance of the trip outside of England must be received by us no less than 2 calendar months before departure. This date will be shown on the confirmation invoice. Reminders are not sent. Deposits are not refundable. 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, you must pay the cancellation charges shown in the clause headed “Cancelling Your Place” below depending on the date we reasonably treat your booking as cancelled.
If you do not pay or cancel your place in conjunction to our cancellation fees by the given deadline, we reserve the right to charge your full outstanding balance to the original card used for deposit payments.
Payments made are subject to a 12% booking fee which may change from time to time and in accordance with these terms and conditions. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error.
A binding contract between us comes into existence when we dispatch our booking confirmation to the lead booker. We both agree that the jurisdiction of English Law (and no other) will pertain to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out beneath). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only and no other. London shall be the default position but the consumer shall have the option to change this, but only within the UK.
a) It is strongly recommended that you purchase a fully comprehensive travel insurance policy, which is appropriate and sufficient for your needs, and any activities you intend to take during your trip.
b) We cannot accept any liability or responsibility if you incur any loss, damage or expense as a result of your failure to take out insurance as referred to above.
Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee that any requests will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier on the inclusion of the special request on your confirmation 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.
If you have any medical condition or disability which may affect your trip or has 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 trip develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
Table of Top Up Dates
DATE OF PURCHASE / TOP-UP DATES
Before March 14th / April 14th
March 15th – April 30th / July 30th
June 1st – June 30th / 6 weeks after purchase
July 1st Onwards / Full Payment Upfront
IMPORTANT: After JULY 1ST 100% is owed on your package and the table of cancellation percentages becomes void.This is due to the proximity to the event and the necessity for us to pay for your package to the third party suppliers immediately.
If we have to cancel the trip due to coronavirus you will receive a refund for the face value of the trip (not including booking fees). If we are not able to run some or all of our events on the trip due to COVID-19, but you are able to use your accommodation according to official regulation, you will receive a refund for the events and excursions which are cancelled.
Alternatively, you will have the option to move your trip to a future date or use as credit against one of our other future events.
If you or any members of your party wish to cancel your holiday, a charge may be made, as we will have incurred expenses in connection with your trip.
The percentage cancellation charge will depend upon the time at which the cancellation payment is made, as determined by the ‘Package Cancellation Percentages’.
All cancellations must be made in writing. Verbal cancellation is not acceptable.
All deposits are non-refundable.
If you fail to make your scheduled top-up payment as determined by the ‘Table of Top up Dates’, fail to inform us of your cancellation in writing and/or fail to pay your cancellation fee as determined by the ‘Package Cancellation Percentages’, we reserve the right to charge an automatic late payment fee of £50 per person.
Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges under the terms of your insurance policy, which we strongly advise that you undertake. You must, however, pay the cancellation charges first and then seek a refund from the insurance company.
Cancelling Your Whole Group Booking:
Group bookings are placed by a “Lead Booker’ or “Group Leader”.
If one or more of the group fails to make the scheduled top-up payment as determined by the ‘Table of Top up Dates’, fail to inform us of their requested cancellation in writing and/or fail to pay your cancellation fee as determined by the ‘Package Cancellation Percentages’, we reserve the right to charge the groups total full outstanding balance to the original card used for deposit payments after the top-up deadline.
Under these circumstances the Lead Booker is fully liable for any outstanding costs they or their guests may have.
Package Cancellations Percentages
Cancellation charges for packages may increase depending on when you make the cancellation payment as determined by cancellation percentages table below. Deposits are non refundable.
Package Cancellations Percentages
Under 3 weeks after booking you owe 0% of the total of your package
3 weeks after booking you owe 25% of the total of your package
4 weeks after booking you owe 50% of the total of your package
5 weeks after booking you owe 75% of the total of your package
6 week after you book, you owe 85% of the total of your package
IMPORTANT: After JULY 1ST 100% is owed on your package and the table of cancellation percentages becomes void. This is due to the proximity to the event and the necessity for us to pay for your package to third party suppliers immediately.
CHANGING YOUR BOOKING:
After you have received your confirmation email after booking, changes should be notified in writing and if we can comply, a charge per person per change will be made (including name changes). Any alteration within 8 weeks of departure; change of accommodation/departure date/resort, may be considered as a cancellation and subject to cancellation charges. You may add extra members to your booking at any time, providing you have first checked availability with us and payments are made for additional people. We cannot guarantee that changes will be possible. You must notify us of any changes in writing and we will endeavour to make the changes. There is a £20 administration charge for any changes made to a booking. In addition, we insist that it is done within the following conditions: The booking does not include services provided by suppliers who will consider the booking cancelled if changes are made. Your arrangements remain exactly the same as the original booking. The replacement person takes on the exact cost of your trip as paid by you. Any cost by a third party to change the booking will have to be covered by the passenger or the replacement person. You must put your request to transfer your booking in writing and the replacement person must signal in writing their acceptance of the terms of our agreement. That person must comply with all noted terms and conditions.
You will remain responsible for the payment of any balances relating to your trip should that person be in default of payment. It is a breach of contract for anyone to sell or give such accommodation to another person without our knowledge and agreement of Foreverland. All booking amendments must be initiated by the designated lead booker only.
If We Make A Change To or Cancel Your Booking:
We start planning the trips we offer many months in advance. Occasionally, we have to make changes to and correct errors in our 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, our trips require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular trips have not been received, we are entitled to cancel it. We will notify you of cancellation for this reason at least 4 weeks prior to departure. In this case, we will offer you the options shown below. Cancellation for lack of numbers is at our discretion and occasionally we may decide to operate a trip even though the minimum number has not been reached. 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 trip. 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 a significant change to your trip arrangements is made to the trip you have booked and for which you have received a confirmation invoice, or if we cancel the trip within 4 weeks of the original departure date, you may choose to:
Accept the changed arrangements as notified to you by us (this may involve a change of resort).
Purchase a replacement holiday from us, of at least the same standard if available (and paying supplement or receiving a refund in respect of any price difference)
Cancel your holiday and receive a full and prompt refund of all monies paid to us. We will pay compensation as detailed unless the change is for reasons beyond our control as described below. We will always refund the difference in price if the replacement holiday is of a lower standard and price. You must notify us of your choice within 7 days of our offer of alternative holiday arrangements. If you do not, we will assume your acceptance of the new holiday arrangement. No compensation is payable for minor changes. Minor changes do not entitle you to cancel or change to another holiday without paying our nominal charges.
We shall be under no further liability to you, nor shall we be liable for any costs or expenses outside the trip cost. Compensation will not be paid to people attending with free places. If a significant change is made as a result of unusual and unforeseeable circumstances beyond our control , the consequences of which we could not have avoided even with due care which include but are not limited to those circumstances set out under the heading Force Majeure compensation we regret cannot be paid. We regret we cannot meet any costs or expenses you incur as a result of any change.All refunds provided will be paid within 1 month of the refund being approved by a member of the Foreverland team.
If We Have To Cancel Your Booking:
We must therefore reserve the right to cancel holiday arrangements at our discretion. Where your holiday is cancelled other than due to your default in payment or failure to obtain the minimum number of passengers, we will offer you the choice of either purchasing an alternative holiday of at least the same standard (if available), (and paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us. In addition, we will pay you compensation as set out above subject to the following exceptions. Compensation will not be payable and liability beyond offering the above mentioned choices cannot be accepted where we are forced to make a change as above subject to the following exceptions.
No compensation shall be payable if we cancel as a result of your failure to make up all payments due in full and on time or failure to obtain the minimum number of passengers. iii. In all cases, our liability is limited to offering the above choices and the compensation set out as noted (where applicable). We regret we cannot meet any expenses or costs you incur as a result of any cancellation. No compensation is payable where we cancel more than 4 weeks before departure.
Very rarely, we may be forced to cancel or curtail your holiday after the date of departure where circumstances amounting to ‘force majeure’ (as described below) occur. In this very unusual situation we regret we cannot make any refunds, pay any compensation or be responsible for any costs or expenses you may incur as a result. Force Majeure Except where otherwise expressly specified in these booking conditions, 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 booking conditions, “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, whether actual or threatened, war, riot, civil strife, terrorist activity, communicable diseases, pandemics, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Once the booking form has been signed, it is your responsibility to ensure you behave accordingly whilst on the trip. Furthermore you must ensure that:
You do not smoke in your accommodation.
You act in a responsible way and do not behave in a way likely to cause damage to property or offence or danger, to other people.
You are aware that you are responsible for any damage or loss caused, which must be paid at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claim subsequently made against us as a result as well as our own and the suppliers legal costs.
If the behaviour of any member of your party on the trip is causing or is considered likely to cause offence, danger, damage to property and/or distress to others, we reserve the right at all times, without prior notice, to terminate the trip of the person(s) concerned or, at our discretion, that of the whole party. If, for example any accommodation owner or manager, or senior member of our staff, considers that the behaviour is unacceptable they are authorised to terminate a booking wherever and whenever necessary and require the person(s) to leave the accommodation or property. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination, cancellation charges will apply.
Dealing with Problems: If a complaint arises you should report it as quickly as possible to our representative or agent and the supplier so that efforts can be made to rectify it to your satisfaction. Our representative or emergency contact can deal with most problems on the spot. If we are unable to resolve matters, you must email us at Hello@theforeverland.com within 28 days of return, explaining the problem fully.
OUR LIABILITY TO YOU
We promise to do our very best, that the trip 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 booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted trip 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 trip 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 within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (including 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 trip and which were unforeseeable or unavoidable or – is due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or – an event which we, or our employees, agents, suppliers and subcontractors, could not, even with all due care, have foreseen or forestalled. ‘force majeure’ as defined in the clause headed “Force Majeure” above
Please note, 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 hostel 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 as part of our contract and any trip you purchase in resort. 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.
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 the 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. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
You must ensure you have appropriate travel insurance to protect your personal belongings, Foreverland will not be responsible for any damage or liable for any losses.
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 sea, rail or road carrier or any stay in accommodation to which any international convention or EU regulation applies, 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 hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question. Please note: where a carrier or hotelier 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 similarly are not 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 carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
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.
You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint. You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. Conditions of Suppliers.
Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see “Our Liability to You” above). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
ON THE EVENT
You will be asked for proof of age identification at any or all of our participating venues. only a Passport and/or driver’s licence photo-card will be accepted for the purpose of proving that you are over the age of 18 years. If you have no such proof of age identification this may result in entry to any and/or all of our participating venues being refused. Refunds will not be possible under any circumstances if this occurs. Incorrect forms of identification will result in entry to any and/or all of our participating venues being refused. Refunds will not be possible under any circumstances if this occurs. Any wristband or t-shirt which you purchase for any Foreverland event is/are only valid on the date specified. We will not be responsible for any wristbands or t-shirts that are lost or stolen. We are unable to accept any liability or replace any wristbands/t-shirts lost, stolen or damaged after they have been received by you. Participating venues and Foreverland accept no responsibility for any personal property. This includes any property deposited in any cloakrooms, at any of our participating venues. In booking with us you consent to being filmed, photographed and/or recording as a participant in a Foreverland trip. The use of any photographs, film or recorded material taken will be solely used for the purposes of our marketing operations, to include; flyers, posters, banners and any form of digital marketing practices operated by Foreverland.
In accordance with “The Package Travel , Package Holidays and Package Tours Regulations 1992″ all passengers booking with Foreverland are fully insured for the initial deposit and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Foreverland.