BOWLING TOURS LIMITED TERMS AND CONDITIONS - HOTEL BOOKING CONFIRMATION

The terms of the agreement between Bowling Tours Limited and you being the Tour Operator are as follows;

1. Interpretation and Definitions

1.1 “Bowling Tours”, “our”, “we” and “us” refer to Bowling Tours Limited.

1.2 “You” and “your” refer to your business as a Tour Operator.

1.3 “Services” refers to all services and goods (if any) including without limit bookings of hotel rooms, ferry crossing and Eurotunnel tickets, Disneyland Paris tickets or any other service or booking which Bowling Tours offer to supply in accordance with these Terms and Conditions.

1.4 “Contract” refers to the contract for the sale and purchase of the Services.

1.5 Any additional services booked by Bowling Tours (which are not part of these terms and conditions) may be subject to separate terms and conditions depending on the type of service performed by Bowling Tours.

1.6 “Hotel” refers to any hotel in respect of which Bowling Tours books accommodation at your request.

1.7 These terms and conditions take precedence over any terms and conditions or other terms presented by you or your agents.In the case of any conflict between the provisions of these terms and conditions and any terms and conditions or other terms presented by you or your agents, the provisions of these terms and conditions shall prevail.

2. Basis of Contract with Bowling Tours

2.1 Bowling Tours shall act as agent for sale of rooms by the Hotel in accordance with any written quotation or order supplied by Bowling Tours to you.

2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing by a director of Bowling Tours with your authorised representative.

2.3 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

3. Booking Procedure, Order and Specification

3.1 To confirm your reservation and to ensure that Bowling Tours has the correct information for your booking you are requested to sign and return our Bowling Tours Hotel Booking Confirmation document within 7 days of receipt, as alternatively the space may be released. Please note if you do not comply with returning the confirmation document this does not negate the booking and you will continue to be liable for all charges as set out in the booking confirmation.

3.2 You shall be responsible for ensuring the accuracy of the terms of any confirmed booking and for providing us with any necessary information relating to the provision of the Services within such a time as is sufficient for Bowling Tours to make the necessary arrangements for the contract to continue to be performed in accordance with its terms.

3.3 A provisional rooming list must be received by Bowling Tours before the cancellation deadline or not less than 31 days before the date of arrival, whichever is earlier, unless otherwise specified on the Bowling Tours Hotel Booking Confirmation. After the cancellation deadline, if you still have rooms allocated and which you have not yet sold to your customers, Bowling Tours will on request endeavour to hold such unsold rooms, in addition to those sold to allow you maximum selling time. This must be agreed in writing and you will be responsible for the charges for all unsold rooms on the original allocation not released back to the Hotel by the specified deadline.

3.4 Final Rooming Lists must be received by Bowling Tours not less than 14 days before the date of arrival, unless otherwise agreed on the Bowling Tours Hotel Booking Confirmation. On receipt of a final rooming list, Bowling Tours may instruct the hotel to release all remaining unallocated rooms. If no final rooming list is received by Bowling Tours 14 days prior to the date of departure, Bowling Tours do not guarantee that such rooms originally booked or reserved as per the Bowling Tours Hotel Booking Confirmation document or any other document will remain available to you. Please note if you do not comply with sending the rooming list, this does not negate the booking and you will continue to be liable for all charges as set out in the booking confirmation.

3.5 If any further rooms are required after this time you must request these from Bowling Tours in writing. Bowling Tours will endeavour, but not guarantee, to book such further rooms.

3.6 We will endeavour to update you with regard to any changes in the standard and quality of our hotels from the time of the booking to the date of departure provided that Bowling Tours has been notified of the same by the Hotel. Any dispute which may arise between you and the hotel (whether in relation to service, bookings or otherwise) shall in the first instance be dealt with by Bowling Tours. Thereafter, if you are not satisfied with our recommendation you shall take the matter up directly with the hotel and any proceedings shall be issued against the hotel and not Bowling Tours.

3.7 If you are not satisfied with Bowling Tours’ service you must communicate this in writing as soon as is reasonably practical and Bowling Tours will endeavour in assisting with a resolution.All complaints must be communicated within 24 hours or earlier, whichever is practical.

4. Price

4.1 All prices quoted are inclusive of VAT.

4.2 We reserve the right to give notice to you to increase the price of the Services to reflect an increase in our costs due to;

(a) Any changes in departure dates or specifications for the Services which are requested by you.

(b) Any delay caused by your failure to provide adequate information or instruction.

(c) Any factor beyond our control such as, without limitation, any foreign exchange fluctuation, currency regulation, or     alteration of duties

(d) Any changes in prices charged by Hotels or other service providers.

(e) Any city taxes imposed by local authorities

5. Terms of Payment

5.1 All monies are to be paid in sterling and cheques and bank transfers should be made payable to Bowling Tours Limited unless otherwise stipulated.

5.2 Subject to any further terms agreed in writing between the parties, by default Bowling Tours shall be entitled to invoice you for the price of the Services 14 days before the date of departure and to be paid immediately on issue of the invoice.

5.3 If you fail to make payment on the date agreed (the amount of such a payment and the payment date being agreed either by means of further terms agreed in writing, or by default) then, without prejudice to any other right or remedy available to us, we shall be entitled to:

(a) Suspend performance of our contractual obligations until payment has been received.

(b) Charge you interest on a daily basis on the amount unpaid, from the date of the invoice to the date the required payment is received at the rate of 5% above the base rate from time to time of HSBC.

(c) In the event of invoices being outstanding for longer than 30 days, Bowling Tours shall be entitled to cancel any future bookings and all outstanding invoices will become immediately due and payable in full.

5.4 You are responsible for any additional costs incurred by you during the booking over and above those specified in the booking confirmation and you must settle these directly with the Hotel or other serviced provider on their demand.

5.5 From time to time a deposit may be required. This will be specified by the Hotel or other service providers. In such circumstances, in which this arises, non-payment of the said deposit, may lead to the cancellation of the Hotel or other service booking.

6. Booking Amendment and Cancellation

6.1 All cancellations and booking amendments must be confirmed to Bowling Tours in writing at least 31 days prior to arrival or as specified on the Bowling Tours Hotel Booking Confirmation, whichever is earlier.

6.2 If you fail to cancel the booking in writing before the stipulated cancellation deadline mentioned in 6.1, then without prejudice to any other right or remedy available to Bowling Tours, you will remain liable to Bowling Tours for the full purchase price of all rooms originally booked.

6.3 If you fail to provide Bowling Tours with the latest sales update 31 days prior to the arrival date or before the agreed cancellation deadline on the Bowling Tours’ Hotel Booking Confirmation, whichever is earlier, Bowling Tours may either:

(a) Provide the Hotel with the last sales update received in writing by Bowling Tours from you and release all the unsold rooms.

(b) Confirm the original allocation as agreed on the Bowling Tours Hotel Booking Confirmation with the Hotel and you will remain liable to Bowling Tours for the full purchase price of all rooms subsequently cancelled.

6.4 If any individual room/s are released from allocation or cancelled within 31 days to the arrival date or after the agreed cancellation deadline on the Bowling Tours Hotel Booking Confirmation, whichever is earlier, without prior written agreement with Bowling Tours then, without prejudice to any other right or remedy available to Bowling Tours, you will remain liable to Bowling Tours for the full purchase price of those room/s.

6.5 The final numbers on the tour must be finalised by the cancellation deadline. Individual cancellations made after this deadline are likely to be liable for 100% cancellation charges.

7. Warranties and Liability

7.1 Bowling Tours do not give any warranty or undertaking in respect of the standard of any of their Hotels. All warranties implied by statute or law in relation to the provision of the Services are excluded by Bowling Tours to the maximum extent permitted by law.

7.2 Except in respect of death or personal injury caused directly by us, Bowling Tours shall not be liable for any defects in the Services or any failure to provide Services and any resulting consequences.

7.3 As such where any hotel is not up to standard or there is a breach of warranty or an implied or express contractual term, or where there is any other breach or negligence by the hotel you shall seek an indemnity from the hotel and not from Bowling Tours. If required by you, Bowling Tours shall add its name to any action against such a hotel provided that you keep Bowling Tours fully and effectively indemnified (in advance) of all costs, expenses, and losses in relation to the same including (without limit) to damages resulting from a judgment or other decision.

7.4 You are required by the terms and conditions of this agreement to agree and undertake not to deal with the hotel or other service provider directly. Therefore, Bowling Tours shall not be liable for any arrangements made between you and the hotel or other service providers directly and Bowling Tours reserves the right to discharge the contract or suspend any bookings under the contract without liability to you.

7.5 Bowling Tours shall not be liable to you for a delay in performing, or any failure to perform, any of Bowling Tours’ obligations in relation to the services, if the delay or failure was due to any cause beyond our reasonable control.

8. Insolvency

8.1 This clause shall apply if:

(a) You make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual firm) you become bankrupt or being (a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or

(b) An encumbrancer takes possession, or a receiver is appointed, of any of your property, or assets, or Bowling Tours reasonably apprehends that any of the events mentioned above is about to occur in relation to you.

8.2 If any part of clause 8.1. applies then, without prejudice to any other right or remedy available to Bowling Tours, Bowling Tours shall be entitled to discharge the Contract or suspend any bookings under the contract. If the Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

9. Governing Laws

9.1 This contract shall be governed by the Laws of England and Bowling Tours agrees to submit any matter in relation to the interpretation and performance of this agreement to the Courts of England.

Information updated Apr 2016