Booking Terms and Conditions
1. Terms
1.1 "Booking Form" means the online booking form provided on the Spirit of History website or the booking form in our brochure.
1.2 "Departure Date" means the date on which you are due to depart on your holiday. Either to the workshop or the departure point specified for your tour.
1.3 "Force Majeure" means circumstances beyond the control of Spirit of History which will include (but shall not be limited to) acts of God, fire, flood, drought, avalanche, explosive, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority, strikes, lock-outs and labour disputes of whatever nature.
1.4 "Spirit of History" means Spirit of History, whose registered offices are at Robert Denholm House. Bletchingley Road. Nutfield. Surrey. RH1 4HW.
1.5 "Total Holiday Cost" means the total cost of all the services that you request in your booking, including costs for services to be provided to other individuals included in your booking.
1.6 "Major Change" means a change of quality of accommodation, change of outward/return travel by more than 12 hours, change of Departure Date or such other changes as deemed by Spirit of History to be significant enough to have the effect of a Major Change.
2. Agreement
2.1 Your holiday contract is with Spirit of History.
2.2 The Terms and Conditions set out in this section together with the contents of the on line and paper Booking Form and the e-mail or postal confirmation that you receive from Spirit of History accepting your booking comprise your agreement ("the Contract") with Spirit of History. By completing the Booking Form, you acknowledge that you have read, understood and accepted all of these conditions and guarantee that you have the authority to accept and do accept all of these conditions on behalf of your party.
2.3 The Contract will exist as soon as you receive an email or postal acknowledgement from Spirit of History confirming receipt of your deposit or full Payment.
3. Payment
3.1 No contract will exist between you and Spirit of History until you have made a deposit or full payment.
3.2 The balance of any monies due from the customer must be paid to Spirit of History eight weeks before departure or upon receiving the final invoice. If Spirit of History does not receive the balance as indicated they reserve the right to cancel the booking without further reference to the customer and any monies paid will be forfeited.
4. Surcharges
4.1 Credit card transactions are subject to a 2.5% surcharge. American Express card transactions are subject to a 3.5% surcharge. Debit cards are not subject to a surcharge.
4.2 The price of your travel arrangements can be varied due to changes in transportation costs, such as fuel. Also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1 per person together with an amount to cover agent's commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid except for any amendment charges. If you decide to cancel for this reason, you must exercise your right to do so within fourteen days from the date that we notify you of your price increase. Whether you cancel or not, you will also be entitled on the terms set out in respect of major changes in paragraph 7 below, to accept an offer of alternative travel arrangements from Sprit of history if Sprit of History is able to do so and compensation as set out below. Some apparent changes have no impact on the price of your travel due to contractual or other protection in place.
5. Your alteration of the booking
5.1 Sprit of History reserves the right to charge £10 per alteration rising to £15 per alteration in the period of 14 days or less before your departure date, if you wish to change any details of the Booking Form that you have submitted. However, Sprit of History may not always be able to meet your request and have no obligation to do so. If we are unable to make the alterations as you have requested and you do not wish to continue with the booking, then our cancellation fees apply.
6. Your cancellation of your booking
6.1 If you want to cancel your holiday, you must advise Sprit of History in writing by post, e-mail or facsimile immediately. Verbal cancellations will not be accepted.
6.2 Cancellation periods are calculated from the date that written confirmation is received at Sprit of History's Offices.
6.3 In the event of you cancelling the holiday the following cancellation charges will apply:
More than 56 days before departure - Deposit only
More that 35 days before departure - 60% of total
More than 21 days before departure - 80% of total
14 days or less before departure - 100% of total
7. Alteration of the booking
7.1 It is unlikely that Sprit of History will have to make any change to your holiday but occasionally small changes will have to be made due to unforeseen circumstances such as adverse weather conditions, supply problems with third parties with whom Sprit of History has contracted to provide services to you, labour disputes or civil unrest. We reserve the right to make such changes and will advise you of them as soon as practicable. If a Major Change is made, you will be given the choice of either accepting the changed arrangements, choosing another holiday from Sprit of History of the same cost as the one that you booked or cancelling your holiday and obtaining a full refund of all payments that you made to Sprit of History except for any payment that you made to Sprit of History for alterations made to the Booking Form at your request prior to us notifying you of the Major Change.
7.2 You must notify Sprit of History of your choice within three days of Sprit of History's offer of alternative holiday arrangements. If you fail to do so, you are deemed to accept the alternative arrangements offered.
8. Sprit of History Cancellation
8.1 Sprit of History reserves the right to cancel your holiday at any time with a full refund, but without compensation up to 35 days before the Departure Date. Including;
(a) if the holiday becomes impracticable by way of numbers not reaching our minimum requirement (the minimum requirement being 15 paying persons booked before 28 days of departure) However, we reserve the right to run our holidays with less than the minimum requirement at our discretion.
(b) If the holiday is untenable or inadvisable through "Force Majeure" see paragraph 1.3
9. Sprit of History's liability to you
9.1 Sprit of History accepts no responsibility for any damage caused to you by the failure of it to perform a contract or the improper performance of a contract if the failure or the improper performance is due neither to any fault of Sprit of History nor of another supplier of services because:
(a) the failures which occurred in the performance of the contract are attributable to you;
(b) the failures are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable; or
(c) such failures are due to:
(i) unusual and unforeseeable circumstances beyond the control of Sprit of History, the consequences of which could not have been avoided even if all due care had been exercised; or
(ii) an event which Sprit of History or the suppliers of the services even with all due care could not foresee or forestall.
9.2 Sprit of History is not liable for death, bodily injury or illness caused to you on holiday unless it is proved that it is due to the negligence of Sprit of History's employees, agents, suppliers or sub-contractors acting in the course of their employment and this is brought to Sprit of History's attention at the time.
9.3 Sprit of History's liability in any action (excluding that of personal injury, illness or death) will be limited to twice the cost of your holiday.
10. Insurance
10.1 You must arrange your own travel insurance.
11. Travel documents
11.1 It is your sole responsibility to ensure that you have the correct travel documents e.g. passport, visa etc.
12. Complaints
12.1 If you wish to make a complaint or claim whilst on your trip you must discuss this first with the Group Leader in order to give us the opportunity to solve the problem. We cannot accept any liability whatsoever if we are not informed immediately, of any problem during your stay. Complaints not resolved on the trip should be made in writing within 14 days of the end of the holiday.
13. Miscellaneous
13.1 If any provision within these terms shall be prohibited by Law or judged by a Court to be unlawful, void or unenforceable, such terms shall to the extent required be severed and rendered ineffective as far as possible without modifying any remaining provisions within these Terms and Conditions and shall not in any way affect any other circumstances or the ability to seek an enforcement of these Terms and Conditions.
13.2 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provisions within these Terms and Conditions, these Terms and Conditions are not intended to and do not give any person who is not a party to them any rights to enforce any of them.
13.3 This Agreement shall be governed by and construed in accordance with English Law.
13.4 The Parties irrevocably agree that the Courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.
