Bloomfield Bespoke Travel
terms & conditions
Standard Booking Terms & Conditions
These Booking Terms and Conditions, with Bloomfield Bespoke Travel whose registered office is at PO Box 7610, Bondi Beach Post shop, Bondi Beach, NSW 2026 | ABN XXX XXX XXX (“we”, “us”, “our”).
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “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.
By making a booking, the first named person on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:
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he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
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he/she consents to our use personal data in accordance with our Privacy Policy and you 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;
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he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
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he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: When selling single service arrangements to you (for example, villa or other accommodation only bookings, airport transfers, private visit or guided tours) we act in the following capacities: as both a Principal and an Agent in the sale of single service bookings.
Where we are acting as an agent, your contract will be with the third party supplier of the arrangements in question (the “Supplier/Principal”). Our obligations to you may therefore vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible:
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Section A contains the conditions which will apply to all bookings.
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Section B contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal.
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Section C contains the conditions which apply when you make a booking where we are acting in an Agency capacity.
SECTION A – APPLICABLE TO ALL BOOKINGS
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Booking your Arrangements
In order to confirm your chosen booking you will be required to make payment to us, in accordance with clause 2, below.
Your booking is confirmed and a binding contract between you and us (where we are the Principal) or you and the Supplier/Principal (where we are acting as an Agent), will come into existence as soon as we have issued you with a stamped copy of your deposit invoice, confirming receipt of your deposit payment and noting that your booking is confirmed.
Please check this confirmation and all other booking documents that you receive carefully, as soon as you receive them. You must contact us urgently advise us if there are any errors or omissions in those documents. Furthermore, you must ensure that all names are shown exactly as written in each passenger’s passport. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
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Paying for your Arrangements
At the time of booking you must pay the required non-refundable deposit (this will ordinarily be 40% of the total cost of your booking or such amount as is otherwise specified at the time of booking) or make full payment, if you are booking within 6 weeks of departure (you will be advised if full payment is required, at the time of booking).
Where you have only paid a deposit, the remaining balance is due 6-8 weeks before occupancy begins and you will be advised of the exact due date on your confirmation invoice.
If full payment is not received by the balance due date:
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Where you have made a booking where we are acting as a Principal, we will cancel your booking and impose the cancellation charges set out in Section B, below.
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Where you have made a booking where we are acting in an Agency capacity, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their own Terms and Conditions.
3. Accuracy
We endeavour to ensure that all the information our website and in any proposals and budgets are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
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Special Requests
Any special requests must be advised to us at the time of booking and made in writing. We will try to arrange for such special requests to be met or, where we are acting as an Agent, will relay those requests to the Supplier/Principal but neither we nor the Supplier/Principal can guarantee that they will be met. Confirmation that a special request has been noted or passed onto the Supplier/Principal or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed all special requests are subject to availability and cannot be guaranteed.
We do not accept bookings that are conditional upon any special request being met.
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Insurance
Adequate travel insurance is a condition of your contract either with us or the Supplier/Principal in question, as applicable. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses, medical evacuations and repatriation in the event of accident or illness. Failure to disclose relevant information, including the nature of your chosen arrangements, may affect your insurance. 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.
If you suffer from any disability or medical condition you should disclose this to your insurer. Please note that special insurance may be required if you intend to scuba dive or undertake any other dangerous sports activities. We cannot be held responsible if you purchase an inadequate insurance policy or if you fail to notify your insurance company of any factors affecting your particular requirements for cover.
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Disabilities and Medical Conditions
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen arrangement.
Acting reasonably, if we (or the Supplier/Principal, where we are acting in an Agency capacity) are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
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Complaints
Where you have made a booking where we are acting as the Principal, we make every effort to ensure that your arrangements run smoothly but if you do have a problem during your stay, please inform both ourselves and the relevant supplier immediately who will endeavour to put things right. If the matter cannot be resolved locally, you must notify us in writing to enquire@bloomfieldbespoketravel.com within 28 days of the end of your stay giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Where we are acting in an Agency capacity, the contract for your arrangements is between you and the Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem during your stay, this must be reported to the representative / manager of the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
Please note that we do not offer an Alternative Dispute Resolution service. You can however access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
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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 any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to (actual or threatened) war, civil strife terrorist activity and its consequences, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we (and any Supplier/Principal) would treat any such changes as Force Majeure, and whilst we or the Supplier/Principal (as applicable) will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
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Your Responsibility for Additional Items booked during your Holiday
Excursions, trips or other tours that you may choose to book or pay for whilst you are taking part in your trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Please note that we cannot accept responsibility for any services which do not form part of our contract (where we are acting as a Principal in your booking). This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them and any excursion you purchase in resort.
Full details of any travel or other arrangements which you make in conjunction with your holiday (such as flights, hotels and/or transfers) which are not booked with or through us must be given to us as soon as possible. We cannot be responsible for any inaccurate or incomplete information you give us or for the effect of this on your confirmed holiday itinerary.
Any expenses or charges we incur in amending the holiday itinerary as a result of such inaccurate or incomplete information will be your sole responsibility.
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Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you 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 holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
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Your obligations for Villa or Private Property Bookings
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Where you have made a booking of a villa or private property , you agree to limit the numbers of people using the property to that agreed with us or the Supplier/Principal. We or the Supplier/Principal may require the names of all the members of your party. If this is the case, anyone whose name is not specified may not stay at the property, nor may numbers exceed that agreed in the booking form. Should the number of people staying at the property, or using its dining or leisure facilities or its accommodation, exceed the agreed figure, those people who are not detailed on the booking form will be asked to leave, and neither BT nor the Supplier/Principal shall be liable to pay any compensation or refund to you or anyone else
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You agree to maintain, or allow the staff to maintain the property in the condition in which it is provided, and to allow the owner or Supplier/Principal or his / its agent’s access to the property for reasons of inspection or maintenance
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You and your party agree to behave in a way that does not distress, damage, annoy or cause danger to others. If this is not observed, you and your party may be asked to vacate the premises immediately, with no refund or compensation for any further costs due to early departure or interruption of your holiday, payable to you or to anyone in your party.
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You and your party agree to behave in such a way that does not endanger or damage the property, its grounds, gardens or any of its amenities.
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You and your party refrain from altering the décor or accommodation or staff arrangements or facilities in any way.
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Photographs taken of the property may not be published through any medium, nor used or sold for profit.
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Damages, Deposits and your Liabilities
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A security deposit will be required from you to cover loss, damages or breakages during your stay, plus any other costs that you or your party might incur. This amount, minus any appropriate deduction will be returned to you as soon as the owner, the Supplier/Principal or his / its agent has verified the level of deductions, if any, needed.
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If you or any member of your party wilfully, recklessly or negligently cause any damage or injury to any person or to the property or its amenities, you agree to compensate the owner or the Supplier/Principal for any costs incurred by him / it in replacing or repairing the damage or injury, and to indemnify either us or the Supplier/Principal for any loss we / it may suffer as a result of such damage or injury, including legal costs.
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If you fail to vacate the property at the time agreed, you may be liable to pay for the additional time spent at the property, and be liable for any costs incurred by us or the Supplier/Principal as a result of the property not being vacated by you at the agreed time, including legal costs.
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Conditions of Suppliers
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
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Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 8).
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Jurisdiction and Applicable Law
These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.
SECTION B – PRINICIPAL BOOKINGS
This section applies to all bookings that you make with us when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.
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Pricing
Price increases may occur any time prior to departure you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.
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Amendments Made by You
Once you have confirmed a booking this will be arranged accordingly. If after this you wish to alter your arrangements, we will make every effort to assist you. Requests for an amendment must be made in writing to us. As all of the travel arrangements we sell are tailor made, the implementation of any changes is time and work intensive. We therefore charge £100 per amendment, per booking, in addition to all communication charges and expenses incurred by us and any charges incurred or imposed by our suppliers in making such changes. These charges will be payable whether or not, Bellini Travel succeeds in confirming your requested amendment. Your request may be treated as a cancellation and rebooking by our suppliers and in these circumstances their cancellation charges will apply.
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 (see clause 18 below).
Please note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
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Cancellation by You
If you wish to cancel a booking, the person who signed these terms and conditions must send a signed written instruction to us requesting a cancellation. A cancellation will not be effective until we receive this instruction.
Should one or more member of a party cancel, it may increase the per person price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as set out below.
Early departures by you or any of your party, where we or the owner / supplier are not at fault, will not be refunded.
Please note: Certain arrangements, once confirmed, may incur a cancellation charge of up to 100% of that part of the arrangements, when cancelled.
Cancellation terms applicable to Villas and Private Properties
Refunds are only made if (in the case of a property booking) a replacement tenant is found or (if in the case of other single service bookings) the service can be re-sold, for the period you have cancelled. If a replacement is only found for a part of the period you have cancelled, or at a cheaper rate, or with additional costs to either us or the relevant owner / supplier, then a refund will only be made after those deductions have been taken into account.
In any event, even if a replacement is found, a cancellation charge of 5% of the total booking cost will be charged to you and we will retain our commission.
If no replacement tenant can be found than no refund shall be payable in any circumstances, however you may be able to make a claim against your insurance company.
Cancellation charges applicable to Hotels and other single service bookings
Period before departure in which you notify usCancellation Charge
More than 42 daysLoss of Deposit
42 – 29 days75% of holiday cost
Less than 29 days100% of holiday cost
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Amendments or Cancellation by Us
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “force majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
Changes to a confirmed booking may be unavoidable, as property owners are free to make changes to their own homes and other suppliers may vary or withdraw the services that they offer. There may sometimes be minor changes made before you leave, and if so, we will keep you informed. Minor changes do not give you the right to cancel a booking. Occasionally, we may have to make a major change to your booking. Major changes are when the property you have booked becomes unavailable, or we have to change the date of your booking, in which case you may treat this as a cancellation by us, and the terms of clause 20 will apply. All other changes are classed as minor.
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Cancellation by Us
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If we have to cancel all or part of your booking due to fault or negligence on the part of us or the owner / supplier, you will be offered a full refund of all the appropriate monies paid to us. Alternatively, we will, subject to availability, offer you another property or service of a similar standard or other dates. You may choose which option to take. If you choose to accept the alternative property or service offered, you must pay the difference if it is more expensive. If it is cheaper, we will return the difference to you. If you choose to take the same property or service at a different date, if the cost is more expensive, you must pay the difference. If it is cheaper, we will refund the difference.
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If we are obliged to cancel the booking once occupancy has already started, we will endeavour to find you alternative accommodation, or refund the rental due on the cancelled part of the occupancy.
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In connection with a cancelled or altered holiday, we will not be liable for any costs owed to or paid to any company or individual other than to us.
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No refund will be made by us if we are obliged to cancel all or part of the booking through no fault of our own or of the owner, or due to circumstances beyond our control, the consequences of which could not have been avoided even if all reasonable care had been taken, or the occurrence of which could not have been either foreseen, or forestalled. This includes but is not limited to actual or threatened war, riot, civil strife, industrial dispute, terrorist activity, natural or ecological or nuclear disasters, fire, earthquake or adverse weather conditions.
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If you are in breach any of the terms of our contract with you, including but not limited to the payment terms or behaviour obligations on you, we may cancel your booking even after occupancy has started, with no liability for refund, damages or for provision of alternative accommodation. See clause 11 for your responsibilities where you make a property booking.
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This clause 20 sets out the extent of our liability to you in the event of cancellation by us for any reason whatsoever.
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Our Responsibilities
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Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
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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:
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the act(s) and/or omission(s) of the person(s) affected; or
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the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
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unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
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an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
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We limit the amount of compensation we may have to pay you if we are found liable under this clause:
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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 $50AUS per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
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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 twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
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It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
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Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.
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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; or (b) relate to any business.
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We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. 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.
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Changes to Villa or Private Property Bookings
If we are forced to withdraw or limit any services referred to in our description of the property, such as water supply, electricity supply, number of beds available, we will pay you the appropriate compensation. We will not pay compensation for changes or events that are outside our control or about which we had not been notified, nor for minor changes that do not affect your enjoyment of your stay, such as alterations made to furnishings or interior décor.
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Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner. If in our opinion or in the opinion of any 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 third party or damage to property, we reserve the right to terminate your booked arrangements 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 service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service 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 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.
SECTION C: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. We will inform you during the booking process where we are acting in an agency capacity. Please read this section in conjunction with Section A of these Booking Conditions.
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Payment
Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for arrangements booked will be held by us on behalf of the Supplier/Principal concerned.
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Your Contract
When making your booking we will arrange for you to enter into a contract with the Supplier/Principal named on your booking invoice . As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the Supplier/Principal.
The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these Terms and Conditions.
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Amendments or Cancellation by You
Any cancellation or amendment request must be sent to us in writing and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their Terms and Conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure).
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Amendments or Cancellations by the Supplier/Principal
We will inform you of any changes or cancellations made by the Supplier/Principal as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
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Administration Charges
In certain circumstances we apply an administration charge for the services we provide:
SERVICEADMINISTRATION CHARGE
CancellationSupplier/Principal’s charge + $600AUS
AmendmentSupplier/Principal’s charge + $200AUS
Special requests after booking has been confirmedSupplier/Principal’s charge + ($20AUS)
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Our Responsibility for Your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission earned in relation to your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.