TERMS & CONDITIONS

Ultimate Escape Ltd – Booking Terms & Conditions (Draft)
1. Your Contract
• The Lead Passenger: By making a booking, the lead passenger (who must be 18 or older) confirms they have the authority to accept these terms on behalf of all party members.
• Formation of Contract: A binding contract exists only when Ultimate Escape Ltd issues a Confirmation Invoice. You must check this document immediately for errors.

2. Payments & Financial Protection
• Deposits: A non-refundable deposit (e.g., £150 per person for packages) is required at the time of booking.
• Final Balance: The remaining balance is due no later than 12 weeks before departure. If not paid, we reserve the right to cancel your booking and retain the deposit.
• Insolvency Protection: In accordance with the PTRs, all payments for package holidays are protected. If your package includes flights, protection is provided via our ATOL licence. Non-flight packages are protected through a trust account or insurance bond.

3. Changes and Cancellations by You
• Transferring a Booking: You may transfer your booking to another person, provided you give reasonable notice (at least 7 days) and pay any additional supplier costs or administration fees.
• Cancellation Charges: If you cancel, the following charges apply based on the days before departure:
• Over 70 days: Deposit only.
• 29–70 days: 50%–70% of total cost.
• 14–28 days: 90% of total cost.
• Less than 14 days: 100% of total cost.
• Exceptional Circumstances: You may cancel without a fee if "unavoidable and extraordinary circumstances" (e.g., war or natural disasters) occur at the destination that significantly affect the holiday's performance.

4. Changes and Cancellations by Us
• Significant Changes: If we make a significant change to your booking (e.g., change of destination or accommodation standard), you may accept the change, take an alternative holiday of equal value, or cancel for a full refund.
• Price Increases: We can only increase prices due to fuel costs, taxes, or exchange rates. If the increase exceeds 8%, you have the right to cancel without penalty. No price changes will be made within 20 days of departure.

5. Our Liability & Assistance
• Performance of Services: Ultimate Escape Ltd is responsible for the proper performance of all travel services included in your package.
• Duty to Assist: We will provide prompt assistance if you are in difficulty during your trip, including providing information on health services and helping with alternative travel arrangements.
• Insurance: It is a condition of booking that you have adequate travel insurance covering cancellation, medical expenses, and repatriation.

6. Conduct & Responsibilities
• Behaviour: We reserve the right to terminate your holiday if your behaviour is disruptive or dangerous.
• Travel Documents: You are responsible for ensuring you have valid passports, visas, and health formalities (e.g., vaccinations) required for your trip.
Ultimate Escape Ltd – Additional Booking Terms [3]
7. Group Bookings
• Lead Name Responsibility: For groups (typically 10+ people), the Lead Name is solely responsible for making all payments, providing a final rooming list (usually 14–30 days before arrival), and relaying all communications to the party.
• Joint Liability: The Lead Name and all adult members of the group are jointly and severally liable for any damage or losses caused by the group to accommodation or suppliers.
• Supervision: For groups including minors, the Lead Name must ensure adequate adult supervision at all times and act 'in loco parentis'. [3, 4, 5, 6]

8. Adventure Activities & Safety
• Assumption of Risk: Participants acknowledge that adventure activities involve inherent risks. You must follow all safety instructions provided by our guides.
• Physical Fitness: You confirm that all members of your party have the appropriate level of fitness and no medical conditions that would make participation unsafe. We reserve the right to exclude any participant who appears unfit or under the influence of alcohol or drugs.
• Waivers: While you may be asked to sign a safety waiver, this does not exclude our liability for death or personal injury caused by our negligence.
• Equipment: You must wear the safety gear provided (e.g., helmets, harnesses) at all times during the activity. [4, 7, 8, 9, 10]

9. Cancellation Policy (By the Traveller)
If you wish to cancel your booking, you must notify us in writing. The following cancellation charges apply to cover our estimated costs and loss of resale: [11, 12]
Days Before Departure [12] Cancellation Charge (as % of total cost)Over 70 daysLoss of Deposit only29 – 70 days50%15 – 28 days70%8 – 14 days90%7 days or less100%
• Standard Refunds: Any applicable refund (minus the cancellation fee) will be processed within 14 days of your cancellation.
• Extraordinary Circumstances: You may cancel without a fee if unavoidable and extraordinary circumstances (e.g., FCDO advice against travel) occur at the destination that significantly affect the holiday's performance. [1, 2, 13, 14]

10. Cancellation Policy (By Us)
• Minimum Numbers: Some trips require a minimum number of participants. If this number isn't met, we may cancel and provide a full refund but no additional compensation. We will notify you no later than 20 days before a 6+ day trip.
• Significant Changes: If we cancel or make a major change, you are entitled to a full refund or an alternative holiday of equivalent or higher quality.

To complete your UK-compliant booking terms for Ultimate Escape Ltd (Registered in the UK, Company No: 17119069), here are the mandatory clauses for Financial Protection and Complaints Procedures as required by the Package Travel and Linked Travel Arrangements Regulations 2018.

Ultimate Escape Ltd – Final Regulatory Clauses
11. Financial Protection
In accordance with UK law, we provide full financial protection for our package holidays: [1]
• Flight-Inclusive Packages: These are protected by the ATOL scheme (Air Travel Organiser’s Licence). When you buy an ATOL-protected flight or flight-inclusive holiday, you will receive an ATOL Certificate. This lists what is protected, where you can get information on what this means for you, and who to contact if things go wrong.
• Non-Flight Packages: For packages that do not include flights (e.g., accommodation and activities only), your money is protected via financial bonding (e.g., with ABTA) or through a protected trust account. This ensures you receive a refund or are brought home if the company becomes insolvent.
• Exclusions: Financial protection generally does not apply to "single-element" bookings (e.g., accommodation only) unless otherwise stated. [1, 2, 3, 4, 5, 6]
12. Complaints Procedure
We aim to resolve any issues immediately. If you have a problem during your holiday:
• In-Resort Reporting: You must report the issue to the relevant supplier (e.g., hotelier, activity guide) and our local representative immediately. Failure to do so may affect your right to claim compensation, as it denies us the opportunity to rectify the problem.
• Formal Complaint: If the issue is not resolved locally, you must follow up with a formal written complaint to our UK office within 28 days of your return.
• Our Response: We will acknowledge your complaint and provide a full response within 28 days. [7, 8, 9, 10]

13. Alternative Dispute Resolution (ADR)
If we cannot resolve your complaint amicably, you may have access to an Alternative Dispute Resolution (ADR) scheme. [9, 11]
• Flight Disputes: For flight-related issues, you can refer your complaint to a CAA-approved ADR body.
Non-Flight Disputes: If we are members of a travel association like ABTA, you can use their independent arbitration scheme. These schemes provide a quicker and cheaper alternative to taking legal action in the courts. [9, 11, 12, 13, 14, 15