Frui Terms & Conditions
1. YOUR AGREEMENT WITH US
To make a booking, please return the booking form duly signed and completed together with the nonrefundable deposit.
We guarantee that the price of your holiday will not be subject to any surcharges once a booking has been confirmed, except as a result of an increase in taxes or a change in the exchange rate. We will absorb the equivalent of 2% of the holiday price. Should the surcharge be in excess of 10% of the holiday price you will be entitled to cancel your holiday and receive a full refund of monies paid. Should you decide to cancel you must exercise this right within 14 days of the date shown on the surcharge invoice. We will not surcharge within 30 days of the commencement date. We reserve the right to correct errors in both advertised and confirmed prices.We will make these corrections as soon as we become aware of the error. Changes and errors do occasionally occur. Please check the price of your chosen holiday at the time of booking.
3. OUR LIABILITY TO YOU
3.1 The accommodation, transport and other services we arrange on your behalf (“holiday” ) belong to and are managed by independent suppliers. However, subject to the limitations set out in these conditions, we accept responsibility should you or any member of your party suffer death, personal injury or illness, or any related loss or damage as a result of any proven failure to perform, or improper performance of, any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except that we will not be liable when failure to perform or improper performance was due to
(a) the act(s) and/or omission(s) of the person(s) affected or
(b) the act(s) and/or omission(s) of a third party unconnected to the provision of your holiday and which were unforeseeable or unavoidable or
(c) an event which either we or the supplier of the service(s) in question could not have foreseen or avoided even with reasonable due care having been taken and
(d) no liability for loss or damage to personal property or costs arising from loss or damage to such property is accepted, howsoever caused.
3.2 We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where
(a) loss of and/or damage to luggage or personal possessions is concerned where we accept no liability; or
(b) a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid for the Holiday in respect of each person affected. You agree that this maximum amount will be reduced to the extent that you actually participated in the entire Holiday despite the event giving rise to the claim. In the absence of any agreement as to the value of such continuing participation the reduction shall be taken to be the greater of the Daily Value or one half of the amount paid by you for the Holiday. The Daily Value shall be calculated as follows:
(a) Calculate the cost per day to you of the holiday taken by dividing the total cost of the Holiday by the number of days the Holiday covers;
(b) Multiply the result of 3.2(a) by the number of days given by 3.2(c)
(c) The total number of days shall be the total number of days for the holiday excluding any day in which the event of claim occurs and any further day during which you are unable to benefit from the Holiday by virtue of having to deal with the consequences of the event of claim, for example reports to authorities and bankers and insurers.
3.3 It is a condition of the acceptance of liability set out above that you will notify us of any claim you and/or member(s) of your party have in accordance with the complaints procedure set out below. Any person(s) to whom any payment is made must also assign to ourselves or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide ourselves and our insurers with all assistance we may reasonably require with that claim.
3.4 In all cases, our liabilities in respect of carriers and hotel keepers are limited as if we were carriers/hotel keepers within the applicable international conventions.
3.5 Travel arrangements are subject to suppliers' and carriers' conditions which are incorporated into these conditions. See 5. Conditions of Suppliers.
3.6 Our transport will leave the airport hotel at the time specified in our correspondence. Out of respect for our groups, the transport does not normally wait for late arrivals. It is the responsibility of anyone missing our transport to make his or her own way to the destination village hotel. The address and telephone number of destination hotel will be sent to you prior to departure.
4. YOUR RESPONSIBILITIES
4.1 Your holiday receipt contains all details of your agreement with us.
4.2 It is your responsibility to check this information and advise us of any inaccuracy within 7 days of receipt failing which we cannot accept any liability
4.3 Activity holidays can be hazardous. In the interests of safety you undertake to follow the advice of our representative, guide or hotelier, comply with any local codes of conduct, follow the country code and act sensibly and prudently at all times.You also agree to indemnify us from all loss and/or damage arising from any act of default on your part.
4.4 It is your responsibility to ensure that your papers, passport etc. are in order. Non EC residents should check visa requirements with their consulate, and obtain one if necessary. Although the United Kingdom is part of the European Union, you are still required to carry a full 10 year British passport with you every time you travel to a European destination. (Please note that some overseas countries require your passport to remain valid for a minimum period after entry to that country. If your passport is in its final year of validity, you are advised to check the requirements of the country of destination).
You should obtain a European Health Insurance Card (EHIC) which is the replacement for the E111. The EHIC can be used to cover any necessary medical treatment due to either an accident or illness within the European Economic Area (EEA). The card entitles the holder to state-provided medical treatment within the country they are visiting. This may not cover all of the services you would expect within the UK. For information on how to obtain a European Health Insurance Card you can telephone 090 7707 8370 or apply online at www.ehicard.org.
4.5 It is also your responsibility to advise us in writing, at the time of booking, of any medical or other ailment or allergy. We must also be notified of any special dietary requirement.You are responsible for ensuring that the holiday you select is within your physical capabilities.
5. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Such terms and conditions are incorporated into our contract with you so that, to the fullest extent permitted by law, any exclusions and limitations of liability contained in such terms and conditions apply to our contract with you in relation to those services to which they apply. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
6. FOREIGN OFFICE ADVICE
Should the foreign office advise against visiting one of our regions, we shall immediately take their advice and cancel holidays in line with their recommendations. See 11. If we change or cancel your holiday.
7. CHANGING YOUR BOOKING DETAILS
We realise that occasionally you may wish to make minor changes to your booking which do not involve a change of date, location or transfer to another person. Wherever possible we will endeavour to make these changes, subject to availability, and you will be liable to pay any costs which result.
8. IF YOU TRANSFER YOUR BOOKING TO ANOTHER HOLIDAY
If for any reason you decide not to travel (rather than cancel your booking and incur cancellation charges) you may transfer your booking to another holiday. The option to transfer must be taken up 56 days or more prior to the commencement date. Transfers from discounted holidays are not permitted. All monies due to us at the time of the transfer shall become nonrefundable and may only be used against an alternative holiday taken within 12 months of the original booked holiday. Should the total cost of the alternative holiday be less than the transferred monies no refunds or further transfers will be permitted. The right to transfer is subject to an administrative fee equivalent to 20% of the cancellation charge defined below. This fee is payable within 7 days of receipt of transfer confirmation.
9. IF YOU CANCEL YOUR BOOKING
If for any reason you cancel your holiday after we have issued the holiday receipt, you must notify us in writing. The cancellation of your holiday comes into effect upon receipt of the written notification from you and the following cancellation charges will be due:
- Up to 90 days before departure - 50% of deposit
- 89 - 31 days before start date - Deposit only
- 30 – 15 days before start date - 80% of cost of holiday
- Less than 14 days before start date - 100% of cost of holiday
- These cancellation charges exclude flights and apply to all monies due to us at the time of cancellation.
10. IF WE CHANGE OR CANCEL YOUR HOLIDAY
Although we try hard to avoid cancellations and changes to the holidays, due to the forward planning of our holidays this is sometimes unavoidable.We must therefore reserve the right in any circumstances to cancel or make changes to your holiday. This includes cancellations due to force majeure or under booking. See definitions below. With the exception of force majeure, these changes can be major or minor. In the case of a major change or cancellation (a major change is defined as a change to accommodation of a lower rating for all of your holiday or a change of holiday dates) we will advise you as soon as possible and we give you the following options:
- Accept the new arrangements
- Take an alternative holiday subject to availability (if a lower price we will refund the difference; if a higher price you must pay the difference)
- Withdraw and accept a full refund of all monies paid (excluding holiday insurance premiums or additional costs we have incurred on your behalf)
In the event of a minor change (any change that is not defined as a major change above or force majeure), the above options will not be available to you. We also reserve the right for any reason or at any time, at our sole discretion, to decline to accept or to retain any person on a holiday as a client particularly if their conduct is disruptive and affecting the enjoyment of other participants on the trip, and we shall be under no liability for any costs incurred by such a person as a result of our doing so.
FORCE MAJEURE is the unusual and unforeseeable circumstance beyond our control, the consequences of which neither we or our suppliers could avoid, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers, or other similar events beyond our control.
UNDER BOOKING is the situation in which the minimum number of clients required to operate the tour is not met. That number is 6 and we may cancel the tour in these circumstances. In this instance, you are entitled to receive a full refund for the holiday cost (excluding flights or additional costs you have incurred as a result of booking the holiday).
11. TRAVEL INSURANCE
It is a condition of booking a holiday that you are covered by medical and personal accident insurance. This should include medical repatriation. We strongly recommend that you also take personal property insurance sufficient to cover the value of your possessions against theft, other loss or damage.
Our terms set out above exclude liability for theft loss or damage of personal property.
We strongly recommend that you and all members of your party are adequately insured as soon as you book your holiday. Where you are making flight arrangements we strongly recommend that you consider using a credit card for payment to provide extra protection in the event of your chosen airline ceasing to operate.
If you have a complaint whilst on holiday you must report it at the time to Frui. Failure to notify the Frui representative at the time, providing the company with an opportunity to rectify the cause of the complaint, may result in your loss of any legal rights in respect of the particular matter. Should we be unable to resolve the problem locally, written details must be received at our office within 7 days of your return to the UK.
14. UK COURSE BOOKINGS
For all UK course bookings full refunds can only be made up to 3 working days after your booking. After that time, if you would like to cancel or reschedule your course booking we will be able to offer you a credit for a future course. This is valid on any course booking within six months of your original purchase.
If you would like to reschedule or cancel your course, we require at least 3 working days notice before the date of the course. Less than this, and you will incur a £20 late cancellation fee. We need to charge this fee regardless of the reason for cancellation, to guarantee our numbers and make our courses viable to run, because of not being able to fill your place at late notice.
If your course is rescheduled due to weather, you will be issued with a credit for the full amount of your booking. Refunds cannot be given for courses rescheduled due to weather.
We do not store credit or debit card details of any of our customers.
All of our course booking transactions are handled by PayPal.
15. USE OF DISCOUNTS
If you have received a conditional discount from Frui, to be used on a product, it can not be used in conjunction with any other offer or discount.
If you have purchased a voucher with a discount, the voucher can not be used to pay for any product which is currently discounted.
Unconditional discounts must be used within two years of the offer, unless stated otherwise.