COVID-19: Limitation of liability
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to COVID-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
All holidays listed on our website and brochures are operated by Emperor Tours Limited, Emperor House, Colliers Green, Cranbrook, Kent TN17 2LS. Between Emperor Tours Ltd. (“We” or “The Company”) and every person whose name appears on the booking form (the “Client”), the confirmation of booking is subject to the following conditions:
1. Your Financial Protection
All holidays on our website and brochure are ATOL Protected, since we hold an Air Travel Organiser’s License granted by the Civil Aviation Authority. Our ATOL number is 6699. In the unlikely event of our 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. For further information, visit the ATOL website at www.caa.co.uk/atol-protection/ (by clicking this link you will leave our website and we are not therefore responsible for the content of the third party site).
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are 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 where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Emperor Tours Ltd is a Member of ABTA with membership number Y6161. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are therefore obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com (by clicking this link you will leave our website and we are not therefore responsible for the content of the third party site).
2. Booking, Deposits and Final Payments
To make a booking, you must send in (by post or fax) a completed and signed Emperor Tours booking form together with a deposit of £350 per person. If we are unable to confirm your booking, we will immediately refund your deposit. The confirmation/invoice will confirm the details of your holiday booking and show the outstanding balance, which must be paid no later than 10 weeks before your departure. Bookings made within 10 weeks of departure require full payment. Cheques should be made payable to “Emperor Tours Ltd”. Anyone wishing to pay by credit card should be aware that we have to pass on the charge levied to us by the credit card company for processing such a payment.
3. Passports, Visas and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, which must be valid for at least 6 months before it expires from the date of application for a visa. A valid visa is also required for the duration of the tour, and inoculations and preventative medicines as may be required. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
4. Travel Insurance
It is the responsibility of the Client to arrange adequate travel insurance before coming on a tour. Full details of travel insurance must be supplied to Emperor Tours with or before final payment.
5. Group Size
For escorted tours, group size over 10 travellers will be accompanied by a tour leader throughout the trip. For group size less than 10 travellers, English speaking local guides will accompany the group in each city and there may not be a tour leader throughout the trip.
6. Itinerary Changes
Local conditions may necessitate changes in sightseeing, routing and hotels. While every effort will be made to provide the services as offered, we reserve the right to vary your itinerary. In the event that we are forced to change your arrangements, substitute arrangements of a similar standard will be provided. The Company will not be liable where interruptions to itineraries are caused by “force majeure”; e.g. unusual, unforeseen and unavoidable circumstances which are beyond our control, even though all due care has been exercised. Examples of such circumstances include war, riot, industrial dispute, political unrest, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, disease or other unforeseen circumstances.
7. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will endeavour to make these changes but it may not always be possible. Any request for changes must be made in writing from the person who made the original booking. You will be asked to pay an administrative charge of £20 (per person) plus any further costs incurred in making this alteration e.g. cancellation charge applicable to the original arrangements and additional costs of the new arrangements. You should be aware that these costs are likely to increase closer to the departure date that changes are made and you should therefore contact us as soon as possible. ” EMPEROR TOURS LIMITED 2012
NB: Certain travel arrangements cannot be changed after a reservation is made and any alteration will incur a 100% cancellation charge. If you or another member of your party is prevented from travelling we will endeavour to transfer the booking to another person at your request, provided that reasonable notice is given and the transferee meets all the requirements of the travel arrangements. The request to transfer a booking must be made in writing from the person who made the original booking, together with the transferee’s full details and any amendment charges incurred in making the transfer which are levied by our suppliers.
8. Cancellation by You
You, or any member of your party, may cancel your travel arrangements at any time. Notice of cancellation must be made in writing by the person who signed the booking form. In the event you cancel your booking, you will be charged the following percentage of your remaining balance:
More than 60 days before start date – deposit
59 – 35 days before start date – 30% of remaining balance
34 – 28 days before start date – 50% of remaining balance
27 -15 days before start date – 80% of remaining balance
less than 15 days – 100% of the total cost
9. Cancellation and alterations by Us
All tours are planned many months in advance and we reserve our right to make any changes to the tour at any time. Minor changes such as airline/aircraft type, alteration of your outward/return flights by less than 12 hours, change of accommodation (including hotel and cruise) to another of the same standard, change of your sequence/daily itineraries are considered normal and minor to these tours. The Company will only cancel your tour if: a) it is forced to do so by unusual or unforeseeable circumstances, b) it is forced to do so as a result of flight cancellations or c) the minimum number of bookings required to operate the tour has not been reached. Where the minimum number has not been met, The Company will advise Clients at the earliest opportunity and will offer the choice of: a) accepting the changes, b) taking another available tour with The Company and paying or receiving a refund for any price difference or c) cancelling your holiday with a full refund of any monies paid to The Company.
10. Company responsibilities
The Company accepts no responsibility for any damages or loss arising from a failure to carry out the contract as a result of: a) actions by the Client or b) unusual and unforeseeable circumstances beyond the control of the Company or c) any event which the Company, even with all due care, could not foresee or forestall. Where the Company is found to be liable for any damages, howsoever arising, these damages shall be limited to the price paid for the tour. The Company also does not accept responsibility for any injuries, loss or damage for any activities that do not form part of the arrangements provided by us.
If you have a complaint about your tour you should bring it to the attention of the tour leader, local guide or the supplier of the service (e.g. the hotelier) immediately who will endeavour to put things right. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract. If your complaint is not resolved locally you should write to us within 14 days of your return, giving your booking reference number and all relevant information. We promise to deal with any complaint fairly and promptly within the terms of these conditions.
12. Conditions of carriage
The contractual terms of the airlines and companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. Copies of these are available on request. In the event of any flight being delayed, be it domestic or international; outward, onward or homeward, the relevant airline will make arrangements, dependent on the time of day and the duration of the delay. In addition, your attention is drawn to the Travel Insurance detailing the levels of compensation available in such cases. In the event that your luggage is lost or damaged you should claim against your holiday insurance policy. Our liability for lost and damaged luggage is restricted in accordance with relevant international conventions.
The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English Courts.
Emperor Tours Limited is incorporated in England & Wales. Registered Office: Emperor House, Colliers Green, Cranbrook, Kent TN17 2LS, United Kingdom. Company Registration number: 5280591. ATOL No. 6699
Our priority is customer satisfaction, and to achieve this we aim to give you a personalised service. You can be assured that when booking with us there will be no hidden costs. We do not cut-corners to save money, and all hotels and restaurants are of a high standard and quality. To us you are an individual, not just a number. Our staff have either lived or travelled in China and Indochina, creating and personally running tours, for over 20 years. Our in-depth knowledge and understanding of people travelling to Asia is second to none.