Terms & Conditions

Website usage terms

Whilst every effort has been made to ensure the content and pricing on our website is as accurate as possible, Stubborn Mule Travel can not accept liability for any inaccuracies.

Copyright
All the website content is copyright of Stubborn Mule Travel and can not be reused without written permission, which should be agreed before any publication.

Photographs
The photographs on this website are copyright of the owners and should not be used by third parties. All the photographs have been obtained in good faith from our staff, customers, libraries and in-country partners. We believe all required clearances and fees have been satisfied, but if for any reason you believe this is not the case, please immediately.

Booking conditions

Please Read Carefully

All holidays on this website are operated by Stubborn Mule Travel Limited (referred to hereafter as SMT) and are sold subject to the following conditions. These Booking Conditions, along with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with SMT (“we”, “us”, “our”). In these Booking Conditions, references to “Client”, “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

1. Your contract with SMT

To secure a booking, SMT requires a non-refundable deposit of 30% of the tour cost or full payment if travel is due to commence within 56 days. This payment is deemed to be confirmation that the Client has read and accepts the SMT Booking Conditions. Clients booking by telephone, e-mail or over the internet will be deemed to have read the Booking Conditions and accepted them. A booking is accepted and becomes definite only from the date when SMT has confirmed acceptance following receipt of the deposit payment (or full balance if the booking is made within 56 days) and by issuing a Booking Confirmation or Invoice. It is at this point that a contract between SMT and the Client comes into existence. Before your booking is confirmed and a contract comes into force, SMT reserves the right to increase or decrease prices. SMT reserves the right to decline any booking at their discretion.

Please note that where your booking includes flights, we shall ask for payment in full for those flights at the time of booking them. We are unable to guarantee confirmation of your requested flights if payment is not made by you as at the time that we request it.

If your confirmed arrangements include a flight, we will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

a) He/she has read these Booking Conditions and agrees to be bound by them;

b) He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

c) He/she is over 18 years of age;

d) He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the Courts of England and Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

No employee of SMT other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.

2. Payment for your holiday

The balance of all monies due, including any surcharges applicable at that time, must be paid not later than 56 days before departure. If payment is not received by the due date, you could be liable for normal cancellation fees, furthermore we reserve the right to treat the booking as cancelled by you at any time up to the date of departure. If we do not treat the holiday as cancelled, we reserve the right to charge a fee for any late payments. It is important therefore that you pay the balance by the due date or advise us in writing of any cancellation in accordance with clause 5.

3. Changes

3a.     Changes by You

If you wish to change any part of your booking after our confirmed itinerary has been issued, you must inform us in writing as soon as possible. This can be done by any named person on the booking, over 18. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 5a.

Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. This will typically apply to flights but may also apply to other arrangements.

3b.     Changes by Us

While SMT will use its best endeavours to operate all holidays as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary or modify a holiday or its contents due to prevailing local conditions.

If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you, that includes no liability for any consequential losses you incur as a result of that minor change. Examples of minor changes include changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.

Occasionally we may have to make a significant change to your confirmed arrangements.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i. (for significant changes) accepting the changed arrangements; or

ii. having a refund of all monies paid; or

iii. if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Please note that in no circumstances will we ever be responsible for consequential losses you incur as a result of a significant change. You should have in place an adequate insurance policy that covers such losses in these circumstances. An example of a consequential loss may be additional car parking charges due to delays with transportation.

Compensation:

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

a) where we make a minor change;

b) where we make a significant change or cancel your arrangements more than 42 days before departure;

c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 6).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

4. Substitution of Client

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a) that person is introduced by you and satisfies all the conditions applicable to the holiday;

b) we are notified not less than 7 days before departure;

c) you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d) the transferee agrees to these Booking Conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

5. Cancellation

5a.     Cancellation by You

The Client may cancel the booking at any time provided that the cancellation is communicated to SMT in writing. Written notification is essential even if verbal notification of an intention to cancel has been given. Cancellation charges will be applied as shown below calculated from the day written notification is received by SMT. In addition to the charges shown below airlines may impose 100% cancellation charges and the cost of a new ticket.

In addition to the above cancellation charges, any existing administration fees are also payable in the event of a cancellation by the Client. If the reason for cancellation is covered by your insurance policy, you may be able to reclaim these charges.

Important Note: Certain arrangements such as boat trips or other travel services incur higher cancellation penalties and may impose a cancellation charge of up to 100% of that part of the arrangements. We will notify you of these at the time of booking. Please be aware that any changes or cancellation of flights will always incur full cancellation fees of 100% of the flight cost.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may terminate the package booking at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. You must be able to show at the time you wish to cancel that there is no reasonable possibility of your trip going ahead, in order to rely on this clause.

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.

This clause outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

5b.     Cancellation by Us

SMT reserves the right to cancel a holiday in any circumstance but, except for force majeure or the Client’s failure to pay the final balance, will not cancel a holiday less than 56 days before departure. Unless the Client fails to pay the final balance SMT will, upon cancellation, return all monies paid excluding any administration fees or offer an alternative tour of comparable standard and will pay compensation according to the scale shown in paragraph 3b ‘compensation’ above, save that no compensation will be paid if cancellation is because of force majeure. A full refund of monies paid to SMT as well as any compensation as detailed in Clause 3b, if applicable, will be the full extent of SMT’s liability. We shall not be liable to you for any incidental expenses incurred by you as a result of any arrangements that you may have made.

6. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. Force Majeure means any event which SMT or its suppliers could not, even with all due care, foresee or avoid. Such events may include war, threat of war, riot, civil strife, industrial dispute, epidemics, health risks, terrorist activity, natural or nuclear disaster, fire, technical or maintenance problems with transport, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, chemical or biological disaster, and all similar events outside our or the supplier(s) concerned’s control.

7. Pricing

SMT reserves the right to amend the price of unsold holidays at any time. We also reserve the right to increase the cost of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

i. The price of the carriage of passengers resulting from the cost of fuel or other power sources;

ii. The level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports;

iii. The exchange rates relevant to the package.

SMT will absorb a sum equal to 2% of the holiday cost excluding amendment charges should a surcharge be necessary. The Client will have to pay any sum in excess of this 2% but if the surcharge results in an increase of more than 8% of the holiday cost excluding amendment charges the Client may cancel the booking within 7 days notification of the surcharge and obtain a full refund of all money paid to SMT except for any amendment fees.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

SMT reserves the right to correct errors in advertised prices. This will be done as soon as SMT becomes aware of the error.

Travel insurance is mandatory for all Clients whilst on a holiday operated by SMT. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance policy and we suggest that this is done as soon the initial deposit is paid. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday, including evacuation and repatriation in an emergency (minimum £2,000,000 of cover), and loss of holiday monies through cancellation or curtailment of the holiday for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour and that any travel insurance they arrange is what they require for their needs and covers the full cost of both flights and tour. Proof of adequate insurance may be requested at the start of your tour and failure to provide this may result in the Client being prevented from joining the tour.

If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

9. Entry Requirements, Passports, Visas, Vaccinations & Health Formalities

It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the holiday. Information about these matters or related items is given in good faith but without responsibility on the part of SMT.

Passport and visa requirements may change and the Client must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).

For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC cannot be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

Up to date travel advice can be obtained from the FCDO, visit https://www.gov.uk/travelaware

If the Client is not a British citizen or holds a non British passport, they must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which they are intending to travel.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validity requirements.

We cannot accept any liability if the Client is refused entry onto any transport or into any country due to failure on the Client’s part to carry all required documentation including an acceptable passport and any necessary visa(s) and/or health certificate(s). If failure to have any necessary documentation results in fines, surcharges or other financial penalty being imposed on us or costs or expenses being incurred by us, the Client will be responsible for reimbursing us accordingly.

All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described on the website or in the itinerary. No unaccompanied minors (those under 18 years of age) can be accepted on holidays operated by SMT, however minors can accompany their parents or guardian on holidays operated by SMT. SMT reserves the absolute right to decline a booking at their discretion.

Clients agree to accept the authority and decisions of SMT’s employees, tour guides and agents whilst on tour with SMT. If in the opinion of such person the health or conduct of a Client before or after departure appears likely to endanger the safe, comfortable or happy progress of a holiday, the Client may be excluded from all or part of the holiday without refund. In the case of ill health SMT may make such arrangements as it sees fit and recover the costs thereof from the Client.

It is the Client’s responsibility to ensure they seek professional medical advice before travelling and to be aware of and to take all necessary health precautions and preventative measures. Details are available from the Client’s GP surgery and from https://www.fitfortravel.nhs.uk/home

11. Local Laws & Behaviour

All participants in holidays operated by SMT are expected to obey the laws and regulations of the countries visited. All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any tour guide, hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

12. Illness or Disability

Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the holiday in which case all monies paid will be forfeit.

If the chosen holiday includes a cruise or excursions or transfers by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the holiday but will enable SMT to take additional precautions for the Client’s safety at such times as may be appropriate.

13. If you have a Complaint

If the Client has a complaint about any of the holiday arrangements the Client must bring it to the attention of the tour guide or other representative of SMT at the time so that they may use their best endeavours to rectify the situation. It is only if SMT is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the Client’s ability to claim compensation from SMT being extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to SMT within 28 days of the completion of the holiday.

14. Acknowledgment of Risk

The holidays operated or supplied by SMT have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of personal risk and exposure to potential hazards over and above those associated with normal ‘package’ holidays.

All bookings are accepted on the understanding that such risks and hazards are appreciated by the Client and that they undertake all tours, treks and other activities at their own volition.

1. We accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmed itinerary and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmed itinerary and the information we provided to you regarding the services prior to booking.

2. We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

3. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

a. the acts and/or omissions of the person affected; or

b. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

c. Force Majeure (as defined in clause 6).

4. We limit the amount of compensation we may have to pay you if we are found liable under this clause:

a. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

b. Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

c. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

ii. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

5. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmed itinerary and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

6. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

7. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

8. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

a. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

b. related to any business;

c. indirect or consequential loss of any kind.

9. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

10. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

The prices shown on this website do not include international flights. SMT will use its best endeavours to ensure that all flight prices are correct at the time that they are quoted. The fare can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued. Flight bookings cannot be transferred.

i. Please note the existence of a “UK Air Safety List” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates) detailing air carriers that are subject to an operating ban in the UK.

ii. We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate the Client’s flight(s) at the time of booking. Where we are only able to inform the Client of likely carrier(s) at the time of booking, we will inform the Client of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after the Client’s booking has been confirmed will be notified to the Client as soon as possible. If the carrier(s) with whom the Client has a confirmed reservation become subject to an operating ban as above as a result of which we/the carrier are unable to offer the Client a suitable alternative the provisions of clause 5 will apply.

iii. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with the Client’s flight. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

iv. It is the Client’s responsibility to check the return flight times whilst the Client is travelling as we may not able to contact the Client once s/he starts travelling.

v. Any change in the identity of the carrier, flight timings and/or aircraft type (if advised) will not entitle the Client to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

vi. If the Client’s flight is cancelled or delayed, their flight ticket is downgraded or boarding is denied by the airline, depending on the circumstances, the airline may be required to pay the Client compensation, refund the cost of the Client’s flight and/or provide the Client with accommodation and/or refreshments under EC Regulation No 261/2004 – The Denied Boarding Regulations 2004. Where applicable the Client must pursue the airline for the compensation or other payment due to them.

vii. Please note that you are responsible for contacting the carrier directly if you wish to purchase additional items on your flights, for example, seat reservations, extra luggage. SMT accept no responsibility for these items that you arrange directly with the carrier.

17. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 6 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

For non-flight packages

Your payment to Stubborn Mule Travel Ltd is made directly to a clients’ trust account, supervised by an independent trustee. The trustee is a Banker, Chartered or Certified Accountant, or Solicitor appointed by the Travel Trust Association, a trade association that provides financial protection for the consumer. Your funds are held in this account and may not be released unless you receive your holiday or your funds are released to another company that becomes responsible and provides for your financial protection. This means that in the very unlikely event that Stubborn Mule Travel ceases to trade, your money is safe. For more information and to verify our membership (Q0176) please visit www.traveltrust.co.uk

For flight inclusive packages

We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number T7608 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].

When you buy an ATOL protected product 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

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 (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.

19. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

20. Information Schedule

Please find below, further information about your package booking.

Standard Information Form on Traveller’s Rights when booking a Package Holiday

(Telephone and Offline Sales)

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to the packages. We, Stubborn Mule Ltd (company registered number 7684916 with registered office 10 Liberator House, Clopton Park, Clopton, Suffolk, IP13 6QT, will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

PART 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

1. Travellers will receive all essential information about the package before concluding the package travel contract.
2. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
3. Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
4. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
5. The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
6. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
7. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
8. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
9. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
10. Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
11. The organiser has to provide assistance if the traveller is in difficulty.
12. If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Stubborn Mule Ltd has taken out insolvency protection for non-flight packages the Travel Trust Association, account number Q0176 and for flight-inclusive packages by way of ATOL with the CAA. ATOL number T7608. Travellers may contact the Travek Trust Association for non-flight packages and the CAA for flight-inclusive packages if services are denied because of Stubborn Mule Ltd’s insolvency.

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here:

https://www.legislation.gov.uk/uksi/2018/634/contents/made

and https://www.legislation.gov.uk/uksi/2018/1367/pdfs/uksi_20181367_en.pdf