In this document:
i) “Tim Best Direct” and “we” or “us” are used interchangeably
ii) The “client” and “you” are also used interchangeably
Bookings are made with Tim Best Direct (the trading name of Gerald Webster Ltd, company 08119424). Please read these booking conditions carefully as they together with any specific information about your confirmed arrangements, form the basis of your booking, and therefore your contract, with us.
All contracts with Tim Best Direct are made subject to the these Terms and Conditions (“T&Cs”) and are governed by the laws and courts of England and Wales (English law). Prior to making any initial payment to us, you should check the confirmation invoice carefully, and let us know of any incorrect or incomplete information immediately. You should also ensure that you have the appropriate travel insurance in place (see section on Travel Insurance below).
Our contract with you comes into existence as soon as we receive your deposit payment (whether that be partial or the full payment), which also confirms that you agree to Tim Best Direct’s T&Cs. Following receipt of the completed booking form and your deposit (usually 20% of the total), Tim Best Direct will by return send confirmation of your booking by email. Please note that while every effort is made to encourage you to complete the booking form, payment of the initial deposit following receipt of your invoice means that you have accepted Tim Best Direct’s T&Cs.
Bookings made 8 weeks or fewer prior to departure, will require full payment on receipt of invoice. Bookings are accepted subject to the service requested being available – bookings can only be secured once the deposit or full payment has been made. Any special requests and issues for us to be aware of should accompany the booking form. We do our best to accommodate them.
Payment of the full balance is due 8 weeks before your departure date. If the full balance is not received by this date, Tim Best Direct reserves the right to cancel the booking, keep the deposit, and apply cancellation charges shown in the section “Cancellation by the Client”.
CANCELLATIONS AND CHANGES TO BOOKINGS
Cancellation by the Client
If you, the client, wishes to cancel the travel arrangements you have made with Tim Best Direct, you must do this in writing (we will accept cancellation notices by email, provided you receive an acknowledgement email from a Tim Best Direct member of staff). As Tim Best Direct will have incurred costs in making your travel arrangements, the following cancellation charges will apply from the date (prior to departure) you receive the cancellation acknowledgement email from a Tim Best Direct member of staff:
More than 56 days prior to departure: Deposit of 20%
56 to 31 days prior to departure: 30% of invoice total
30 to 15 days prior to departure: 60% of invoice total
14 to 8 days prior to departure: 75% of invoice total
Fewer than 8 days prior to departure: 100% of invoice total
Changes by the Client
If you wish to alter any travel arrangements after confirmation of your booking, and up to 8 weeks prior to departure, Tim Best Direct will do everything possible to make any amendment. You will be invoiced for any additional costs incurred as a result of the changes you have made. Whilst we will endeavour to make any changes in the 8 weeks prior to departure, these may be more difficult to achieve and we cannot promise to achieve these and the original arrangements will remain.
Cancellation by Tim Best Direct
If Tim Best Direct has to cancel a booking, you will be offered alternative arrangements or a refund (minus any reasonably incurred costs), and compensation as noted below, although refunds and compensation will not be paid for overseas arrangements cancelled for reasons beyond our control. Circumstances beyond our control include, but are not limited to: adverse Foreign and Commonwealth Office Travel Advice: any industrial action including; strikes and lockouts or other labour disputes; Force Majeure; war; riot or civil unrest; acts of terrorism; malicious damage by any third party; required compliance with any law or governmental order, rule regulation or direction; impossibility of the use of any means of public or private transport or any action of any government or regulatory body; accident; breakdown of plant and machinery; fire; any seriously adverse weather conditions including flood, storm, hurricane or typhoon and other adverse weather conditions such as heavy rain, hail, snow, fog or frost that may affect flights or other transportation; flight delays; other air traffic control issues (including failure of equipment, systems and software); siege; political unrest, police or security alerts or precautionary measures put in place by the relevant authorities.
Tim Best Direct will pay compensation as follows:
Days prior to departure cancellation made by a Tim Best Direct member of staff:
Up to 14 days: £50 per person in total
15 – 30 days: £40 per person in total
31 – 56 days: £20 per person in total
Changes by Tim Best Direct
Tim Best Direct will endeavour not to make any changes a booking after it has been confirmed, although we reserve the right to make amendments, as certain matters are beyond our control. If changes are necessary we will inform you as soon as possible. If there is a major change, you will be offered the choice of accepting the change or of changing the booking, and if neither of these suit, Tim Best Direct will provide a full refund (excluding any reasonable costs incurred). A ‘major’ change is one which results in a significant alteration to the essential terms of the contract between us, for example a significant change of price destination/resort/city. In these circumstances, if you choose to change your booking to a more expensive holiday, you must pay the difference, but if to a less expensive holiday, we will refund accordingly. If the change is minor, we will inform you of the change as soon as practical, but Tim Best Direct is not obliged to provide you with a refund.
FOREIGN AND COMMONWEALTH OFFICE (“FCO”) ADVICE
Please note that your travel insurance (see section below on travel insurance) can be made invalid by adverse FCO advice. It is your responsibility to ensure that you are up-to-date with the latest foreign travel advice as issued by the government/authority relevant to your travel insurance. For British Citizens, please consult the relevant sections of website: www.gov.uk/foreign-travel-advice. Non-British Citizens should check the relevant government’s travel advice website(s). Tim Best Direct will always endeavour to do all it can to alert you to instances when the FCO advises against travel to the area to which you are travelling, but as mentioned, you are required to check the relevant government website for the most up-to-date advice.
The cost of some of the arrangements are not in our control and are subject to revision without notice. If at the date the balance is payable the total price of the holiday (excluding any insurance premium if applicable) has risen by more than 10%, by giving immediate written notice you are entitled to cancel your holiday and a full refund will be made (excluding any non-refundable flights or reasonably incurred costs).
If the rate of exchange between Sterling (£) and a foreign currency used for the calculation of your holiday cost changes adversely affecting the overall Sterling (£) total, Tim Best Direct will be entitled to surcharge you with the extra cost, provided you are informed in writing 40 days or more before your departure.
No reductions or refunds will be made after departure in respect of any booked services not utilised.
Any complaint about a holiday or the arrangement thereof must be delivered in writing to Tim Best Direct within 21 days of your return from your holiday. Furthermore, any complaint while on holiday must be notified to the person in charge of providing the service, and to any local representative of Tim Best Direct.
LIABILITY AND RESPONSIBILITY
Tim Best Direct acts as an agent for suppliers of air, road and sea transportation, of accommodation and services provided. Bookings are accepted subject to the conditions of those suppliers, and subject to the laws of the country in which these various suppliers operate such facilities.
Tim Best Direct shall not be liable for any aspect of the arrangements made, and in particular for illness, injury, accident, death, damage, delay, additional expense, or loss of whatever kind the client may suffer due to circumstances beyond our control.
As the client making the booking (ie signing the form/paying for the travel arrangements), you must ensure that you and all those travelling with you have passports that are appropriately valid and are in compliance with any local requirements for all the countries you are visiting (e.g., two spare pages together for South Africa, 6 months validity from the end of your holiday), that you have appropriate visas and have the correct vaccinations and medication (e.g., anti-malarials) for your trip. There are time limits for when airlines allow pregnant women to fly, please inform us if you or one of your party are pregnant and we can advise on the airlines’ requirements; ultimately, it is your responsibility to inform us.
You are also responsible for ensuring that all existing medical condition or disabilities which may require assistance are declared prior to booking your holiday. If this changes between booking and departure, you must let us know so that we can inform our suppliers. We are not liable if any carrier refuses to carry you or a member of your party due to a medical condition or disability (for example if they do not have the correct equipment to secure a wheelchair).
You are also responsible for your own behaviour and that of your party. Tim Best Direct and our suppliers reserve the right to refuse your booking or your right to board any form of transportation and to remove you or a member of your party from transportation, accommodation or any part of your travel arrangements if you or any member of your party: is under the influence of drugs or excessive drink/drunk; possesses any illegal substances; behaving violently, disruptively, dangerously or irresponsibly, or in a manner that presents a risk or is causing a nuisance to others; and committing any criminal offence. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances.
You and your party must fully cooperate with any safety procedures and instructions given by individuals and organisations running activities while you are on holiday. Many suppliers, e.g., safari camps, will request that you complete a waiver form in respect of your stay or certain activities.
Tim Best Direct requires every client to take out holiday insurance, which should cover in particular, cancellation by you, the client, and assistance in the event of accident or illness. A summary of cover which meets our requirements is available.
If you are not arranging insurance through Tim Best Direct, we require you to confirm to us that you have appropriate travel insurance for the travel arrangements we are making for you. For example, if we are arranging a skiing holiday for you, your travel insurance must specifically cover this. You must also have this in place before you pay your initial deposit. Please note, we will consider cancelling your holiday booking, if your insurance does not fully cover the arrangements we have made for you.
Tim Best Direct makes every effort to make sure that information set out in brochures, on its website and in literature (whether printed or digital) is correct. Tim Best Direct reserves the right to make changes, and will notify you, the client, of such changes prior to accepting the booking. Any brochure published by Tim Best Direct is our sole responsibility. It is not issued on behalf of and does not commit the airlines mentioned therein, or any airline whose services are used in the course of the tours. Holidays in our brochures may use the services of IATA and non-IATA airlines.
The client’s booking with Tim Best Direct and any matters arising from it are governed in accordance with English law.
Any written notification relating to cancellation or changes to your travel arrangements sent to Tim Best Direct by email, must be acknowledged by a member of Tim Best Direct personnel for it to be valid.
GERALD WEBSTER Ltd, TRADING AS TIM BEST DIRECT, FINANCIAL FAILURE INSURANCE
Policy Number: ATTCMGA/FFI/047 2016
Gerald Webster Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations 1992” all passengers booking with Gerald Webster Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Gerald Webster Ltd. This insurance has been arranged with MGA Cover Services Limited (registered address Farren House, The Street, Farren Court Cowfold West Sussex RH13 8BP, company registration: 08444204 authorised and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street, Dublin 2, Ireland, who are authorised and regulated by the Financial Conduct Authority registration number 203120).
In the unlikely event of insolvency you must inform MGA Cover Services Limited immediately on +44 (0) 20 3540 4422. Please ensure you retain the booking confirmation/invoice as evidence of cover and the value of your holiday.
Policy exclusions: This policy will not cover any monies paid back to you by your travel insurance or any losses which are recoverable under another insurance or bond. This policy will also not cover any loss sustained by passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
ATOL – AIR TRAVEL ORGANISER’S LICENCE
Most of the flight-inclusive holidays and flights Tim Best Direct offers are ATOL protected, as we hold an ATOL number 11140 granted by the Civil Aviation Authority (CAA). This means that in the unlikely event of Tim Best Direct’s insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking that you have not been able to use. For further information, please visit the ATOL website at www.atol.org.uk.
While many of the flights and flight-inclusive holidays Tim Best Direct offers are financially protected by the ATOL scheme, ATOL protection does not apply to all holiday and travel services. For example, non-flight packages are protected by our financial failure insurance – please see above. Otherwise, please contact us for more information about what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
Tim Best Direct, or the suppliers of the services you have booked with us, will use reasonable skill and care to provide you with the services you have bought (or a suitable alternative). Where neither Tim Best Direct nor the supplier are able to do so for reasons of insolvency or for reasons that we could not reasonably foresee or forestall, an alternative ATOL holder may provide you with these services or a reasonably suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
We provide financial protection for our package holidays as follows:
For flight-based travel, as noted above, this is through our ATOL number 11140. When you buy an ATOL protected flight or flight inclusive holiday from Tim Best Direct, you will receive an ATOL Certificate. This covers the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you, and who to contact if things go wrong. Tim Best Direct will provide you with the services listed on the ATOL Certificate/and related itinerary (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer/travel insurance where applicable).