STANDARD TERMS AND CONDITIONS OF BUSINESS
All bookings are made with Brown + Hudson Ltd., A registered company in England and Wales with company number 9052229, VAT 192 0311 39, IATA TIDS 96000936 and registered office at 27 Mortimer Street, London W1T 3BL, England, United Kingdom (UK) (referred to in these terms and conditions as “Brown + Hudson”). Your contract will be either with Brown + Hudson or with another supplier of travel services and this will depend on the type of arrangements you book. Your contract will be with Brown + Hudson if it arranges a “package” comprising at least two or more of the following services where the services are sold at an inclusive price and are taken together and where they either cover a period of more than 24 hours or include overnight accommodation: (a) transportation; (b) accommodation; and (c) other tourist services not ancillary to transportation or accommodation which account for a significant part of the arrangements. For all other arrangements, Brown + Hudson is the Booking Agent for the supplier including the supplier of any package where Brown + Hudson act as the agent of that supplier. In this event, your contract will be with the supplier (or suppliers) and Brown + Hudson accepts no responsibility for the suppliers’ actions or omissions. Copies of the conditions of your contract with your supplier are available on request from us, and Brown + Hudson recommends that you ask for them and read them before you book so that you are aware of how they may affect your booking.
1.1.1 WHERE WE CREATE A BESPOKE TRIP FOR YOU, On your enquiry, Brown + Hudson establishes where and when you wish to travel, and if we are satisfied that this is feasible, we will send you a Trip Planning Agreement (TPA) to sign, and you will pay us a minimum non-refundable Retainer Fee (RF) of £1,500. Under certain circumstances this fee will be higher. This RF covers the cost of researching your bespoke trip and this contract with the terms and conditions contained herein will apply. 1.1.2 We will then create a Trip Planning Interview (TPI), which you are required to complete and return to us within 30 days in order that we can create your bespoke trip. Alternatively, the TPI may be completed with one of our consultants on the telephone or in person. In such event, the details of the conversation will be confirmed to you in writing by Brown + Hudson shortly after the discussion. If you fail to return the completed TPI or have the discussion to complete the TPI by phone or in person within 30 days, we will assume you do not wish to use our services; and we will close our file on your bespoke trip. 1.1.3 Upon return of the TPI, we will prepare an itinerary for your consideration and present it to you within seven to 21 days depending on the complexity of your trip. The thought and creativity that goes into making a Brown + Hudson trip is priceless. However, a management fee is applied to the total cost, and this fee is dependent upon various factors including the logistical complexity of the trip. Should you not be satisfied with the final price, Brown + Hudson will endeavour to adjust the trip to meet your budgetary requirements. The experiences we create are priced as complete packages, that include components with confidential contract rates with partners, as such Brown + Hudson is unable to itemise costs. If necessary, a final balance invoice will be issued to take into account additional costs incurred by Brown + Hudson for extras and options not covered in this arrangement. Brown + Hudson does not under any circumstance provide a breakdown of costs. Once the itinerary has been agreed, you will be invoiced for a portion of the full cost, usually 30% but this will vary at our discretion and depending on the nature of the trip, particularly when aircraft or yacht charters are involved. You are required to pay the remaining 70% of the trip’s cost at least three months prior to its commencement. 1.2 Brown + Hudson reserves the right to refuse to accept a reservation at any stage of the process until the invoice has been paid in full. Our experiences entail risks – and rewards – beyond those encountered at home. We always stress that our trips are a partnership with travellers. Our primary objective is to take the hassle out of a great travel experience. In return, we count on people to ensure they are healthy and fit; to prepare themselves by reading about clothing, training, medical requirements and culture-specific etiquette; to appreciate that in some countries, local living standards, practices, services and accommodations may differ from those in North America or Europe (often in delightful ways); and to understand – indeed relish – the fact that a road less travelled means a more unpredictable and more rewarding adventure. 1.3 Where Brown + Hudson provide you with a pre arranged package, the package contract will be formed when we accept your booking and you have paid your deposit, if applicable.
2.1 All payments to Brown + Hudson are to be made by telegraphic transfer directly into the bank account of Brown + Hudson, as follows: Sterling Payments Beneficiary Bank: Arbuthnot Latham & Co., Ltd. Beneficiary Bank Sort Code: 30-13-93 Swift Code: ARBUGB2L Beneficiary Name: Brown & Hudson Ltd. Beneficiary Account Number: 51865501 IBAN: GB11ARBU30139351865501, Euro Payments Correspondent Bank: Dresdner Bank, Frankfurt | Swift Code: DRESDEFF | Beneficiary Bank Name: Arbuthnot Latham & Co., Ltd. | Beneficiary Bank Swift Code: ARBUGB2L | Beneficiary Bank Account No: 805084311 | Beneficiary Name: Brown & Hudson Ltd. | Beneficiary IBAN: GB51ARBU30030811660903 US Dollar Payments Correspondent Bank: Deutsche Bankers Trust Co. Americas, New York | Swift Code: BKTR US 33 ABA/FW No: 021001033 | Beneficiary Bank Name: Arbuthnot Latham & Co., Ltd. Beneficiary Bank | Swift Code: ARBUGB2L | Beneficiary Bank Account No: 04164563 | Beneficiary Name: Brown & Hudson Expeditions Ltd. | Beneficiary Account No: 11660902 | Bank: Arbuthnot Latham | Arbuthnot House, 20 Ropemaker Street, London EC2Y 9AR, United Kingdom | Personal Banker Contact Details: Shane Powell, Tel. +44 207 0122 624 | In the name of Brown & Hudson Ltd. 2.2 An initial payment of usually 30% of the full price is payable at the time of booking (see 1.1.3 above). 2.3 The remainder of the price payable to Brown + Hudson is to be paid three months prior to the commencement of the bespoke trip and/or service. 2.4 Notwithstanding anything to the contrary contained herein, if the bespoke trip is to commence in less than three months, the full price shall be payable immediately. 2.5 If any payment remains unpaid after seven days past the due date of the payment, Brown + Hudson reserves the right to cancel your booking without notice. You will be liable for any costs incurred.2.6 For pre-arranged packages,the payment terms will be provided to you before you book and must be adhered to.
3.1 Unless stipulated by Brown + Hudson, all prices will be in the currency of the country where the service will be rendered for the traveller (in euros within the Eurozone, in sterling within the UK and generally in US dollars elsewhere) or at the discretion of Brown + Hudson. 3.2 Brown + Hudson reserves the right to impose surcharges in respect of cost increases incurred during the creation of your bespoke trip. These may include but are not limited to increases related to fuel, airport costs/taxes, currency fluctuations, increases levied by suppliers used for your bespoke trip or any part thereof or government action (both UK and foreign). If the increase is in excess of 10% of the total cost, you can withdraw from the bespoke trip or package and Brown + Hudson will give you a full refund of all money paid to the company less an administrative charge of £500 excluding the cost of the RF paid. Brown + Hudson will not increase the price of your holiday less than 30 days before departure and nor will it be increased if the fluctuations are less than 2%. However, you must advise Brown + Hudson in writing within 10 days of receiving the increased invoice in order to cancel your bespoke trip. 3.3 No refunds will be given if currency rates improve. 3.4 Value Added Tax will be included in the price wherever applicable.
4.1 If Brown + Hudson is your Booking Agent, your contract with your suppliers may allow the supplier to change the booking details. Where this occurs, Brown + Hudson will ensure that you are promptly notified of any significant changes (for example, to airline flight times and routes) but will accept no liability for the changes or costs which may result. 4.2 Brown + Hudson aims to run the bespoke trip as created. However, occasionally it may be necessary to make minor changes to the bespoke trip. No refund will be made. 4.3 If Brown + Hudson is unable to offer a significant proportion of the bespoke trip or package, you will be offered a refund or an alternative trip of equal or greater value which Brown + Hudson, at its sole discretion, deems suitable.
5. CANCELLATION BY BROWN + HUDSON OR ITS SUPPLIERS
5.1 Brown + Hudson reserves the right to cancel a bespoke trip or package or any part thereof. In this unlikely event, you will receive a refund of all invoices paid to Brown + Hudson less any losses incurred by Brown + Hudson. 5.2 No refund will be issued if Brown + Hudson is forced to cancel, or make significant changes to, the bespoke trip due to circumstances beyond its control or that of its suppliers. These circumstances include but are not limited to man-made or natural disasters, acts of god, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, riots or civil disturbances or acts of government and any acts which lead the British Foreign and Commonwealth Office to advise travellers against non-essential travel to your destination.
6. CHANGES BY YOU
6.1 If, after our invoice has been issued, you wish to change your bespoke trip or package in any way (for example, your chosen departure date), Brown + Hudson will do its utmost to make your changes but this may not always be possible. Any request for changes must be made in writing. 6.2 You may be asked to pay an administration charge of £100 for each person whose travel arrangements are changed, along with any further costs we incur in making this alteration.
7. CANCELLATION BY YOU
7.1 If you wish to cancel a bespoke trip or package or leave/return early, Brown + Hudson will endeavour to do what it can to help you make any necessary arrangements. However, all payments are non-refundable, and any additional costs incurred by Brown + Hudson occasioned hereby shall be your liability. 7.2 Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
8.1 Comprehensive insurance is compulsory for all persons booking on a Brown + Hudson bespoke trip. You must ensure that your insurance is valid for the duration of your bespoke trip. 8.2 Your insurance policy must be comprehensive and include sufficient cover, especially regarding cancellation, curtailment, theft, accident, repatriation, medical, third party, liability for injury to others and death, and loss or damage to equipment. 8.3 You must produce proof of insurance if required by Brown + Hudson. 8.4 You should secure your insurance cover at the earliest opportunity to ensure you are covered and in any event prior to departure or within 14 days of payment of the full invoice, whichever date is earlier. 8.5 If you live in North America, ask us whether we have travel insurance facilities that may be suitable for you.
9. YOUR BEHAVIOUR AND RESPONSIBILITIES
9.1 You are expected to behave decently and with consideration to Brown + Hudson, any suppliers and fellow travellers.
9.2 You must comply with rules and regulations set by accommodation providers and all other suppliers from time to time. 9.3 Brown + Hudson does not accept responsibility should you suffer any injury as a result of or in connection with you skiing or snowboarding off-piste, hiking other than on level walking paths or bicycle riding. 9.4 You are responsible for looking after the accommodation where you stay during your bespoke trip. You may have to pay Brown + Hudson a damage deposit on rental property; this deposit will be returned to you after completion of the bespoke trip, provided no damage has occurred in the accommodation. If damage has been inflicted on the rented accommodation, all clients who occupied that property are responsible for costs incurred to rectify the damage caused. 9.5 Brown + Hudson reserves the right to remove any traveller or travellers from all or part of the bespoke trip if Brown + Hudson feels they are behaving in an unacceptable manner. Brown + Hudson will not be responsible for repatriation or any costs incurred, and no refund will be given as the result of being removed from the trip or part thereof. 9.6 All of your property is your own responsibility. You may be able to make a claim if the loss suffered is covered under the terms of your insurance policy.
10.1 You are responsible for telling Brown + Hudson and any suppiers of your holiday services of any medical or health condition that could have an effect on your ability to participate in or your performance on the trip and of any pre-existing medical problems/conditions. If your medical condition should change during the course of the trip, you must keep Brown + Hudson informed. 10.2 Any medical information you submit to Brown + Hudson will be held in the strictest confidence and Brown + Hudson will abide by all of its obligations under the Data Protection Act and associated legislation. In the event your trip is cancelled or curtailed because you have failed to inform us of any medical condition, you will be entitled to any refund and we will be entitled to recover from you any loss that we have incurred.
11.1 You are responsible for obtaining all required travel documentation. You must obtain any required visas and have a passport that is valid for at least six months from the date that you enter all foreign countries. It is also your responsibility to ensure that these documents are in good order and that you have them with you when necessary. 11.2 Brown + Hudson is not responsible for any costs incurred due to your not having the correct documentation when required.
12. TRAVEL ARRANGEMENTS
12.1 You are responsible for checking in for all flights and other travel arrangements in good time and with the correct documentation. Brown + Hudson will not be responsible for any costs incurred by your failure to be there on time or with the required documents.
13.1 Some aspects of Brown + Hudson’s bespoke trips may be run by third-party suppliers. These services and activities include but are not limited to accommodation, biking, walking, horseback riding, rafting, kayaking, canoeing, paragliding, ski and snowboard tuition, transfers, avalanche awareness courses, yoga courses, off-piste skiing and snowboarding, gliding, and helicopter and other aircraft flights or charters. These aspects may be dependent on factors outside Brown + Hudson’s control, such as weather, and if they do not run for any reason, no refund will be given. 13.2 You must acknowledge that many of the activities offered are inherently risky. Brown + Hudson does not accept responsibility and is not liable for any negligent acts or defaults of any supplier or any other person, company or corporation not directly under its control. 13.3 Some suppliers may request that you sign a waiver or acknowledgement of risk. If you refuse to sign, you may be excluded from that activity and no refund will be issued.
14. BROWN + HUDSON’S RESPONSIBILITIES & LIMITATIONS OF LIABILITY
14.1 Brown + Hudson’s obligation to you is to take reasonable care to properly perform the holiday contract and this is discharged when we or our suppliers take reasonable care to perform our obligations or comply with any local standards applicable to any services.We accept no responsibility for the actions or omissions of suppliers when it acts as your Booking Agent, and in such cases the rest of this clause 14 does not apply. 14.2 Although Brown + Hudson takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities on the trip in which you participate do have a risk of accident and injury. Therefore, you will not take any unreasonable risks, and if you do, then you are responsible for your own actions and any loss or damage flowing. 14.3 Brown + Hudson will make all reasonable checks that guides and instructors have the appropriate qualifications. 14.4 Brown + Hudson will be under no liability at all if you suffer loss, death or personal injury where there has been no fault on the part of Brown + Hudson or its own employees or the loss and damage has been caused by circumstances over which Brown + Hudson could not reasonably forsee or prevent or are caused by a third party unconnected with the provision of your trip or by your fault. 14.5 Subject to these terms and conditions Brown + Hudson may accept responsibility for death, injury or illness which you must prove was caused solely by the negligent acts and/or omissions of its employees or agents and its suppliers whilst acting within the scope of, or in the course of, their employment in the provision of your contractual travel arrangements. 14.6 The amount of any compensation to which you may be entitled will be limited in accordance with and/or in an identical manner to: 14.6.1 the contractual terms of the companies that provide you services including the transportation for your travel arrangements. These terms are incorporated into this contract; and 14.6.2 any relevant international convention, for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. Brown + Hudson is to be regarded as having all benefit of any limitation of compensation contained in these or any other conventions. 14.7 Brown + Hudson does not accept responsibility for unusual and unforeseen circumstances beyond our control where the consequences could not have been avoided even if all due care had been exercised or could not have been foreseen or forestalled.
15. CURRENCY REFUNDS
15.1 All refunds made by Brown + Hudson may be made in the currency originally used to make the relevant payment.
16. COMFORT & RISKS
16.1 As already highlighted in these terms and conditions, whilst we believe our trips provide benefits and rewards, they also entail the risk of loss and damage and injury. Therefore, while we try to see that you have a great trouble-free experience, you will be aware that local standards, practices, travel conditions, facilities, safety standards, services and accommodation differ and may be of a lower standard and less comfortable than the U.K and that which you are used to and we and our suppliers and not obliged to meet any higher standard. We hope this makes for a more authentic and rewarding adventure.
17.1 Any complaints or suggestions about your trip should be made to Brown + Hudson at Suite 6 The Shaftesbury Centre, 85 Barlby Road, London, England, United Kingdom, and every effort will be made to reach an amicable solution. 17.2 If an amicable solution cannot be agreed, you may send your complaint or suggestion in writing, within 28 days of the end of your bespoke trip, to Brown + Hudson. Please note that any complaint about services must be made to us our our supplier immediately any problem arises failing which we cannot be liable for any problem we were not given the opportunity to rectify.
18. LAW & JURISDICTION
18.1 These terms and conditions and all disputes arising out of or in relation to the contract entered into between Brown + Hudson and you will be interpreted in accordance with and governed by the laws of England and Wales. 18.2 In entering into a contract with Brown + Hudson you accept that any dispute arising from such contract will be subject to the exclusive jurisdiction of the English courts.