Bookings, Deposits and Outstanding Balances
We
can provisionally reserve cabins for you by telephone for 7 days,
but bookings can only be confirmed for you on receipt
of a properly completed booking form and the appropriate deposit
by us or our appointed agent(s). Your booking form and our acknowledgement
constitute a legally binding contract between you and Away4awhile.
We will be bound to provide you with the accommodation as booked
and you in turn will be bound to pay the balance of the cost
which must be paid no later than 6 weeks before the start of
the holiday. Bookings made within 8 weeks of the cruise start
date require full payment. Please refer to additional Terms & Conditions
attached to Special Offers.
The Contract shall be between Away4awhile and the Guest on the
basis of these Conditions and the information contained in the
brochure, and shall be governed by English law and the non-exclusive
jurisdiction of the English courts. By entering the contract
Away4awhile agrees to exercise reasonable skill and care to provide
the holiday. By making a booking, the Guest confirms that all
persons named in the booking have agreed to be bound by these
Conditions and all other terms of the Contract and that the Guest
has the authority to do so.
All holidays are subject to availability at the time of booking.
No Contract shall be made until the deposit (or, where appropriate,
the full price) has been paid, whether or not a booking confirmation
has been issued but all money paid to Away4awhile or its travel
agent shall be treated as having been paid to Away4awhile. Failure
to pay the balance by the due date shall entitle Away4awhile
to cancel the booking and retain the deposit by way of a cancellation
charge. Failure to pay any other amount by the due date shall
entitle Away4awhile to cancel the booking and to retain an amount
by way of a cancellation charge. A booking may only be made by
a person aged 18 or over. All Guests who, at the time of departure,
will be under 18 years of age must be accompanied by a Guest
aged 21 or over who will at all times during the holiday. Away4awhile
reserves the right to require any Guest to produce medical evidence
of fitness to travel on the holiday.
Cancellation
Should you be forced to cancel your holiday you must advise
us immediately and confirm it in writing. On cancellation you
will be liable for the full cost of the holiday whether or not
you have paid the balance due, unless we are able to resell the
accommodation that you had booked, when we will refund any amounts
paid less the deposit. It is a condition of the booking that
every Guest must have travel insurance in force for the entire
duration of the holiday.
We reserve the right to regard changes to dates
after confirmation as a cancellation.
We reserve the right to cancel any holiday for which there are
insufficient bookings or if due to circumstances outside our
control it is impossible to carry out the holiday as stated.
In those circumstances you will if possible be offered alternative
dates. Otherwise any sum received from you will be returned in
full, but you shall have no claim on any account against us.
Consumer Protection
In the unlikely
event of Away4awhile’s insolvency, we
will endeavour to ensure that Guests are not stranded
and will arrange to refund any money paid to Away4awhile for
their holiday and advance bookings. All holidays sold by Away4awhile
in the UK are protected the EEC consumer protection scheme. This
stipulates that monies paid are held in a separate guest account
controlled by the Away4awhile bank. The monies cannot be transferred
to Away4awhile’s current account until the holiday is completed.
Data Protection
In order to process your booking and to ensure that your travel
arrangements run smoothly and meet your requirements, Away4awhile
needs to use the personal information you provide such as name,
address, any special needs, health, medical, mobility or dietary
requirements, etc. Away4awhile may pass personal information
on to other relevant suppliers of your travel arrangements such
as travel agents, and transfer contractors. Your personal information
may also be provided to security and/or credit checking companies,
credit and debit card companies. This may also apply to any sensitive
information that you give to us such as details of any disabilities
or dietary/religious requirements. If Away4awhile cannot pass
your personal information on to the relevant suppliers, Away4awhile
cannot properly effect your booking.
The personal information you provide to Away4awhile, or which
is obtained through your dealings with Away4awhile or appointed
travel agents, will only be used to review, develop and improve
the holidays and services Away4awhile offers; for internal market
research purposes; and for statistical analysis only.
Away4awhile may wish to contact you by post, email and/or telephone
with news, information and offers on its holidays and other services
and for market research purposes.
If you prefer not to be contacted for the purposes set out above,
please contact the Away4awhile, 3 Brindleyplace, Birmingham.
B1 2JB.
If you wish to obtain a copy of the personal information held
about you, please write to Away4awhile at the above address.
Security, Safety and Support
We reserve the right to decline a booking without
assigning a right to do so.
Guests are expected at all times throughout
the holiday to conduct
themselves in a proper manner and with due regard to the health,
safety, comfort, enjoyment and general well-being of all persons,
including not smoking inside the boat which includes the provision
of any external service or facility forming part of the holiday.
In the event the guest in the Masters opinion ignores safety
advice or instructions from the crew or British Waterways Official;
or it appears that a Guest’s conduct, behaviour or health
is such as to be a breach of this requirement or the Guest’s
behaviour, health or conduct is likely to endanger the Guest’s
own health or safety; or that of any other Guest or crew and
make Away4awhile liable for the costs of any medical treatment
and/or maintenance, then Away4awhile and/or the Master shall
have the right according to the particular circumstances to take
any one or more of the following measures as may appear to be
reasonable and appropriate :–
• We reserve the right to terminate a holiday and remove the Guest
from boat;
• We reserve the right to refuse to embark or to disembark the
Guest at any place of call on the cruise
• We reserve the right to summon Emergency Services to assist with
a guest if necessary in the Master's opinion.
In the event of Away4awhile and/or the Master acting in accordance
with the above, neither the Guest nor (at the sole discretion
of Away4awhile) any other person travelling with the Guest (whether
or not under the same booking) shall be entitled to make a claim
against Away4awhile for any loss or expense incurred as a result
of such action, whether for a full or partial refund of the
fare or for any other form of compensation cost of returning
to any place or for any other form of loss or expense whatsoever.
Where the Guest is returned to the start point of the holiday
pursuant to this clause at Away4awhile’s expense, Away4awhile
shall have the right to recover the cost of this.
The Guest must not bring on board the boat any goods or articles
of neither an inflammable or dangerous nature, nor any controlled
or prohibited substance. To do so shall be a breach of these
Conditions and shall render the Guest strictly liable to Away4awhile
for any injury, loss, damage or expense and the Guest shall compensate
Away4awhile in full for any loss, damage or expense suffered
by Away4awhile as a result of such breach. The Guest may also
be personally liable to statutory penalties.
Water Restrictions and Force Majeure.
We reserve the right to alter or amend a published route if
this is made necessary by canal stoppages, water shortages, flood
or we deem it to be in the best interests of our passengers.
You shall have no claim against us and no particular right of
cancellation, should any rerouting be necessary.
Whilst we make every effort to keep to our advertised holiday
we shall not liable for any loss to you caused by the delay,
mechanical breakdown, failure to keep to time, or cause whatsoever.
Personal Accident and Guests Property
We shall not be liable for any loss or damage to any article
or personal property belonging to you which may sustain damage
during the holiday or whilst the articles are upon the boat or
on any vehicles or premises belonging to us or our agents.
Except in respect of death or personal injury caused by our
negligence, we shall not be liable for any personal injury suffered
by you during the holiday or whilst upon the boat, or premises
or vehicles belonging to us or our agents, however caused. Wherever
possible, Away4awhile will offer general assistance to any Guest
who suffers illness, personal injury or death during the period
of the holiday, whether or not arising from an activity forming
part of the holiday and whether or not the result of fault by
any party.
Any cost
or expense which is reasonably incurred by Away4awhile for
or on behalf of the Guest in respect of any form of medical,
dental or similar treatment, hotel, transportation or any other
expense shall be repayable by the Guest to Away4awhile whether
or not such sum is covered by the Guest’s travel insurance.
We will not be liable for any loss or damage to your vehicle
or its contents at a designated parking area. We reserve the
right to offer alternative parking location.
General
No children under the age of 14 will be carried, except on a
whole boat charter when additional booking conditions will apply.
No pets may be brought aboard the boat unless by special arrangement
or in the case of guide dogs.
Smoking is not permitted inside the boats.
We reserve the right to levy a surcharge should our VAT ratings
or the rate of VAT change.
Whilst every effort is made to ensure the accuracy of the contents
of our brochure, website and publicity material we shall not
be liable for any inaccuracies that may exist.
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