The following booking conditions, together with the information set out on the relevant page of the British Aviation Tours & Experiences website or on our email proposal will form the contract between you and us for your tour/experience with us.
In this contract a reference to “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
We are Aviation Tours LLP t/a British Aviation Tours & Experiences, JLA, 42 Lytton Road, BARNET EN5 5BY. We, in association with partner providers, arrange visits to places of aviation interest, and book pleasure flights, trial lessons, flight simulator and other aviation related experiences for you. The start point, finish point, and duration and exact content of your tour will be listed on your booking form.
1. In this agreement:
“Meeting Point” means the place specified by us in the Tour Pack as the place we will meet and start your tour/experience.
“Start Date” means the date on which we meet to start your tour/experience.
“Tour” means a tour, and/or flight or experience organised by Aviation Tours LLP.
“Tour Pack” means whatever documents we send to you in hard or soft copy to provide information about your Tour.
2. What is in the tour/experience
The following items are included:
- travel from the Meeting Point to your return to the departure point (which is likely to be the same place); the duration and exact content of your tour will be listed on your booking form.
- accommodation (only if arranged and detailed in your contract) ;
- drinking water;
- services of one or more leaders;
- a donation to a designated charity as stated on the itinerary;
The following items are not included:
- return flights to the Tour destination;
- all other costs incurred before you board transport at the Meeting Point and after you return to the departure point;
- travel insurance or any other insurance personal to you;
- passport and visa costs;
- vaccinations and medication, before, during and after the Tour;
- food and drink over and above what we include in the Tour;
- gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
3.Booking your tour
3.1 Tours must be paid for in advance. We will hold a provisional booking for seven days to allow you time to bank transfer to us your deposit. We follow this strictly because many tours are booked up fast. When we receive your deposit, we will send you a confirmation invoice which confirms your booking. The contract between us comes into existence at that time. You undertake to pay for the tour you have booked and we undertake to provide you with the tour we describe in this website and/or on our email proposal.
3.2 If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into the contract on the basis of these booking conditions (and those fully listed on your booking form) and that you and they have agreed to be jointly and severally liable to us.
3.3 If we are unable to accept your booking, we will of course return your payment to you immediately. The balance payment for all tours is due at latest 8 weeks (56 days) before departure. We will send you a reminder 1 – 2 weeks before the balance due date. If you are making your booking within this period (ie less than 8 weeks prior to your tour), full payment will be necessary immediately with your booking (see also 3.8).
3.4 Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold tours. The prices given on our web site and in our proposal email are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 10% of the advertised/agreed cost of the Tour/experience. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
3.5 You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details by completing a form we shall send to you.
3.6 For bookings made within [six] weeks of your tour, we require full payment within 24 hours of a verbal booking. We may also need your passport details for certain flight experiences.
3.7 Some pleasure flights, trial lessons and experiences involve costs to us in order to secure the booking. In the event of the flight/experience being cancelled or curtailed due to bad weather or mechanical failure, issues to do with the pilot, or other reasons, we regret these costs are not refunded to us so we are not able to pass them on to you.
3.8 If you book a tour less than six weeks prior to the departure date we must receive full payment at the time of booking.
3.9 Some tours require a minimum number of participants in order for a Tour to be viable. In the unusual event that we cancel a Tour, we shall return the full amount of your deposit or other payment less any costs to us in paragraph 3.7
3.10 Some aspects of your tour/experience may be undertaken with other members of the public as part of a larger group. If you wish the tour/experience to be totally exclusive to you or your group please inform us on booking and we will obtain an exact quote which we will email to you. Please note this is likely to considerably increase the cost of your tour/experience
4 Payment
4.1 Payment must be made by electronic transfer for which full information will be provided at the time of booking.
4.2 The last date for payment of the balance of the cost of your tour will be due to us at least eight weeks before the Tour Start Date. We will tell you that last date for payment after we have confirmed our acceptance of your booking.
4.3 If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
4.4 All payments must be in UK pounds sterling
5. Changes and cancellations by you
5.1 We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee of £95.00 per booking and any additional cost of a different arrangement. Please note that our partner suppliers may treat a change as a cancellation and create a new booking, charging a 100% cancellation fee.
5.2 Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office. If you cancel.
5.3 If you cancel, your deposit and any other costs which have been invoiced, will be forfeit. We shall charge an additional sum related to the time remaining before the date of departure, as follows:
Up to 56 days: Deposit plus another invoiced cost, if any
55 – 41 days 35% of tour cost
40 – 29 days: 55% of tour cost
28 – 8 days: 75% of tour cost
7 – 3 days: 90% of tour cost
48 hours: 100% of tour cost
5.4 If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.
5.5 In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other British Aviation Tour or Experience or this booking to some other person. That person must meet any conditions which may apply to the booking and you, must ask for the transfer not less than [42] days prior to the Tour Start Date.
6. Changes and cancellations by us
6.1 We reserve the right to change travel, tour and experience arrangements. This is necessary because many of our tours involve variables which are outside our control. These include, weather, mechanical failure, political issues, traffic congestion, cancellation or delay of public transport, currency problems, and experience and accommodation issues.
6.2 We shall tell you about small changes before departure. If we think a necessary change is important, we will tell you about it as soon as we can and give you the opportunity to either accept the change, or take an alternative tour or experience (paying or receiving a refund / credit in respect of any price difference), or cancel and accept a refund minus any expenses we incur as detailed in paragraph 3.7.
6.3 If such problems occur during a tour and/or experience, we will make every effort to make alternative arrangements so as to comply as closely as possible to the description of the tour in our website/ on your booking form.
6.4 If a problem occurs which is so serious that we have to cancel a tour before the date of departure, you may choose to accept either an alternative tour (paying or receiving a refund/credit in respect of any price difference) or a refund of all money paid minus any expenses we incur as detailed in paragraph 3.7.
6.5 We are not liable to you in any circumstances for loss or damage or loss of your tour/experience when: unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or the change is not significant. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of other travel arrangements.
6.6 We reserve the right to cancel any Tour/experience, for which there are not enough bookings, not less than four weeks prior to departure. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded minus any expenses we incur as detailed in paragraph 3.7 or, if you prefer, transferred to an alternative British Aviation Tour or Experience, minus any expenses we incur as detailed in paragraph 3.7
6.7 You agree that all these provisions are reasonable.
7. Payment Protection
In order to comply with the Package Travel, Package Holidays and Package Tours Regulations 1992 you are covered by our Financial Failure Insurance. In the event of our insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding prearranged travel to and from your destination. Please note that packages booked outside the UK are protected only when purchased directly from us. The protection provided is for refund of money paid if you have not yet travelled or repatriation to the start point of your tour, if it is underway.
8. Travel Insurance
8.1 It is a condition of booking a Aviation Tours LLP that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.
8.2 Cover should be obtained not only against normal travel risks, but against additional risks appropriate to the tour/experience you are undertaking. In particular, local road transport insurance may be inadequate, so you should check that your cover includes accidents/incidents happening whilst you are a passenger in a vehicle, or non-commercial aircraft. Some of our tours/activities carry additional risk that may not be covered by your regular travel or life insurance. It is your responsiblity to check you are covered and have adequate cover. Some tours/experiences involve a degree of agility eg to get in and out of aircraft seats and cockpits. You must judge for yourself if you are agile enough to undertake the tour or particular flight or experience, and follow guidance where appropriate. Aviation Tours & Experiences will only be liable for any loss, damage or injury, accident, or irregularity suffered by any customer however caused, only to the extent that they are themselves liable under English Law for negligence or breach of the conditions of the contract.
8.3 We advise that you should also check that any valuable optical or camera/recording equipment is covered either in your travel policy or your home contents policy.
9. Passport, Visa and Health Requirements
Please note carefully:
9.1 You may need to produce your passport for certain flights & experiences so it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
9.2 Remember to apply for any necessary visa in good time; see paragraph 5.3 for our cancellation terms if you do not turn up for your tour/experience
9.3 Check with your GP what vaccinations and medication you may require and allow time to obtain them. Details are also available from the National Travel Health Network and Centre www.nathnac.org.
9.4 If you are a national of an EC country and are taking a European tour, you should take your European Health Insurance Card (EHIC) available from main Post Offices or online. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday. Remember to bring certificates and confirmations with you in your hand luggage.
9.5 If you need professional medical care whilst on a tour, we will try to obtain it and inform your travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.
9.6 You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company. We will give you a receipt on your return, for you to pass to your travel insurers.
9.7 Please advise us on booking of any food, nut or other allergies you suffer from
10. Tour Information
Approximately four weeks before the Start Date, we shall send you a pack of information relating to your Tour. This information will include:
1. Location of Meeting Point and time of meeting;
2. Climate and clothing recommendations;
3. Any important details relevant to a particular site/experience that we may visit.
11. Accommodation
If your tour includes accomodation, we will arrange accommodation as close as reasonably possible to the sites/experiences we visit. Accommodation will be in good quality hotels or lodges. Occasionally it may be necessary to use bed and breakfast accommodation. En-suite facilities will be provided wherever possible. We will discuss your exact accommodation requirements when you have made a booking, but please note:
1. We reserve the right to change accommodation to that stated on our website itineraries – (see below “changes of itinerary”).
2. Single rooms are normally available at an extra cost. However, if you so wish, it may be possible for you to share a room.
12. Changes of Itinerary
12.1 Despite careful planning, it is possible that a site/experience may become inaccessible due to matters outside our control, for example through natural disaster, weather, mechanical failure, or political turmoil.
12.2 It is also possible that new information regarding the tour/experience will in our opinion benefit the Tour participants generally by providing a better tour/experience.
12.3 We may therefore decide to make changes to the itinery to accommodate either of the above possibilities. We will tell you of any such change as soon as we decide to make it. If that happens, we in consultation with you may change the content of the tour/experience. If your chosen alternative is of a lower price we will refund the difference minus any costs incurred to us detailed in paragraph 3.7. If it is of a higher price, you must pay the difference.
13. Limitations on our liability
We want you to enjoy a wonderful experience with British Aviation Tours & Experiences. We shall do our best to make your tour/experience special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
1. any event which happens before you board our transport at the Meeting Point or after you leave our transport at departure;
2. any problem arising from your failure to reach the Meeting Point on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
3. any aspect of goods or services you buy or accept other than those arranged by us;
4. medical problems or physical difficulties, even if you have told us about them in advance;
5. medical emergencies;
6. your own carelessness or negligence in any aspect of your behaviour whilst with us, including disregarding specific instructions from us or our providing partners;
7. changes we reasonably make to an itinery or to accommodation or any other aspect of the management of a Tour or experience;
8. problems or issues which we could have resolved whilst on a Tour but which you raise only after your return.
9. injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from either:
- the act or omission of you or anyone in your party;
- the act or omission of a third party not connected with the provision of your holiday.
10. services we have not provided. The services and features included in your Tour/experience are those specified in our web site or in your contract. If you choose to buy other goods or services during your tour/experience, those are not part of the package we provide, even if arranged at your request through our Tour leader. Accordingly we are not liable to you for any happening in connection with that service or those goods.
14. Local standards
14.1 Laws, standards, culture and attitudes are different in many countries from what you may reasonably expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.
14.2 We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.
14.3 Please also note that 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).
15. Limitation of compensation by international conventions
15.1 We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else. The most we will have to pay you for many claims for personal injury will not exceed what a carrier would pay under, for example, the Warsaw Convention or the Montreal Convention for international travel by air, or the EC Regulation on Air Carrier Liability, or the Athens Convention for international travel by sea, or the Convention on International Travel by Rail. Please note: where a carrier 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 for the complaint or claim in question.
15.2 Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be £500.
15.3 Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your tour and/or experience.
16. Flight and other transport delays: limit of our liability
Although we do not book international flights as part of your tour you may be booked on a commercial domestic flight.
16.1 There is no guarantee that flights, trains or ferries will depart at the time specified. If they do not, we are not liable to you for any delay or cancellation or for any failure to take what you think are the best actions to have taken in particular circumstances.
16.2 In the case of air travel, the airline is responsible for providing assistance under the Denied Boarding Regulations. We will try to keep you informed throughout the period of any delay.
16.3 Our policy if a delay occurs, is to continue with our plans until the flight (or other form of transport, if relevant) is cancelled with no suitable alternative flight being offered by the airline. However, if we considered it impossible to find a reasonable alternative form of transport, we would cancel the tour/experience and refund you all payments minus any costs to us as described in paragraph 3.7.
16.4 Where any delay in returning home lasts for longer than 24 hours, the airline should continue to meet your accommodation and reasonable meal expenses. This will be the case where the airline is an EU carrier or was due to depart from an EU airport. They may, however, require you to stay at the accommodation and take the meal arrangements they provide. We regret we cannot meet such expenses where the airline does not do so, or where you choose not to accept the arrangements offered.
16.5 If you wish at any time to return home early or independently, for example by booking an upgrade with the airline or by organising overland travel, we will provide whatever assistance we can. All expenses involved in doing so will be your responsibility.
16.6 EC Regulation No 261/2004 (The Denied Boarding Regulations) apply where the airline is an EU carrier or the affected flight was due to depart from an airport within the EU. Where applicable, you must pursue the airline for the compensation or other payment due to you. The compensation set by the regulations is your full entitlement. It covers, for example, distress, disappointment, inconvenience or effects on other arrangements. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
16.7 If, for any reason, we make a payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you agree, when requested, to assign to us the rights you have or had to claim the payment in question from the airline.
16.8 If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – “Referring Your Complaint to the CAA”.
16.9 Remember that transport and other service providers have their own booking conditions or conditions of carriage or service. You will be bound by these as far as that service is concerned. Such conditions may limit or exclude liability on the part of the relevant provider and they are often also subject to international conventions.
17. Help we need from you
17.1 Most British Aviation Tours & Experiences require reasonable physical fitness and appropriate footwear & clothing. You should be prepared to walk up to a couple of miles a day, sometimes on uneven or slippery surfaces, be able to walk up and down one flight of stairs, and if appropriate be able to get yourself in and out of an aircraft seat, and in and out of a cockpit.
17.2 To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in the UK.
17.3 If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.
17.4 If at any time, it is our opinion (given by any of our staff or Tour leaders) that you are acting in a way which may be abusive, cause accident, injury, discomfort or extreme displeasure to you, any other Tour member, or any member of the public, we may exclude you from the programme for the remainder of the Tour using reasonable force if applicable, and in extreme cases with the assistance of the local Police. You may need to arrange your own transport back to the meeting or departure point, or point of your choosing, and you will be responsible for any costs incurred in doing so. In addition no refunds for your tour will be given. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.
18. Complaints
We shall try our utmost to provide a happy and fulfilling tour, flight, and/or experience, but if we fail in any way, do please raise any issue with your Tour leader immediately. If your complaint cannot be satisfied it is not dealt with to your satisfaction at the time of reporting it to the leader(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.
19. Miscellaneous
In this agreement unless the context otherwise requires:
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- [except where stated otherwise,] any obligation of any person arising from this agreement may be performed by any other person.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- For the purposes of the Data Protection Act 1998 you consent to the processing of his personal data (in manual, electronic or any other form) relevant to this agreement, by us [and/or any agent or third party whom we nominate]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
- The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
- In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
- We are not liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and the Agent agree that any dispute arising from it shall be litigated only in England and Wales.
In addition:
You are bound by and agree to our partner providers terms and conditions of business which can be provided on request.
For flying & simulator experiences:
1. Please wear “sensible” shoes – trainers are ideal (we cannot fly you in flip-flops or high heels!), and clothes that allow easy movements. Trousers may be better than skirts or dresses for ladies. Some tours/experiences involve a degree of agility eg to get in and out of aircraft seats and cockpits. You must judge for yourself if you are agile enough to undertake the tour or particular flight or experience, and follow guidance where appropriate. Aviation Tours & Experiences will only be liable for any loss, damage or injury, accident, or irregularity suffered by any customer however caused, only to the extent that they are themselves liable under English Law for negligence or breach of the conditions of the contract.
2. You will be required to fill in a medical questionaire and may be excluded if our providing partner believes it is unsafe or unwise to let you participate. Guests should be in good health and free from heart, back or neck problems, motion sickness, or other conditions that could be aggravated by this experience. It is advised that expectant mothers should not participate.
3 You may be measured and/or weighed to make sure you are within legal limits to operate the flight/experience. Refusal to do so may preclude you from the flight/experience, and no refunds will be made.
4. You must not consume alcohol within 3 hours prior to a flight or experience.
5. All Customers and Participants consent to the filming and recording of their involvement in the tour/experience. In doing so it is also agreed that the resulting footage can be used for the purposes of promoting us and that the intellectual property rights of the footage are Our sole property. In the event that the tour/experience fails to record, We will only refund the cost of the video recording that the Customer has paid for in advance of the tour/experience.
These terms and conditions are updated from time to time and you are bound by the latest version.
