Traveller Terms and Conditions of Booking
Blue Sky Wildlife is a digital advertising platform, or online marketplace, where we connect travellers with tour operators specialising in wildlife tours.
We advertise and/or take bookings/payment on selected Tours organised by Tour Operators based both within and outside the EEA. The Tours advertised on the Blue Sky Wildlife site consist of land-based arrangements only, such as guided tours, accommodation and ground transportation.
International and/or domestic flights prior to and post Tours are not included.
These Bookings Terms and Conditions (henceforth: Terms) shall be applicable to the travel contract entered into between a user of the Blue Sky Wildlife site and the tour operator, travel arranger, tour organiser or destination management company (DMC) (henceforth: Tour Operator) and/or Blue Sky Wildlife. When such a user makes a direct enquiry and/or booking via Blue Sky Wildlife Booking Platform for a wildlife trip, tour, experience, journey or travel arrangement (henceforth: ‘Tours’) offered and owned by such Tour Operator, having made their Tours available via the Blue Sky Wildlife site.
Such user (henceforth: ‘Lead Name(s)’,‘Traveller’, ‘Traveller 1’, ‘You’ or ‘Yours’) in these Terms means all persons having made a payment or on whose behalf (including anyone added or substituted at a later date) a payment has been made to the Blue Sky Wildlife or directly to the Tour Operator, or with a view to entering into a Travel Contract with Blue Sky Wildlife or directly with the Tour Operator for the provision of accommodation and/or a Tour will in these Terms also be referred to as the contracting parties. Refer to Section 2 Travel Contract.
Blue Sky Wildlife makes available information about Tours and Tour Operators so that Travellers can choose who to book with. Once a Traveller confirms a Tour with the Tour Operator (directly or via Blue Sky Wildlife site e.g. “Confirmed Tour”), payment can either be made as mentioned below.
The Traveller can either choose to:
- make a direct enquiry and subsequently a direct payment to the Tour Operator; or
- make a direct booking and payment via the Blue Sky Wildlife site; or
- make an “off line” payment directly to Blue Sky Wildlife c/o of the Tour Operator (exceptional circumstances)
Tours sold through the Blue Sky Wildlife site are only pre-arranged Tours (or Tour Packages). Some set-departure Tours may offer “Extras” (e.g. single supplement option) which can be booked and paid for at the time of check out or payment.
The Blue Sky Wildlife site puts you directly in contact with the Tour Operator. Communications are between you and the Tour Operator.
Blue Sky Wildlife Limited is registered in the United Kingdom and the registered business address is Unit 17, Suite 16A, Oakham Enterprise Park Ashwell Road, Oakham, LE15 7TU United Kingdom.
- Travel Contract
Depending on where you are located in the world, how you make the enquiry and subsequent payment will determine whether the travel contract is between you (as the Traveller) and the Tour Operator or Blue Sky Wildlife Limited.
To ensure compliance with the EU Package Travel Directive 2015/2302 (including The Package Travel, Package Tours Regulations, United Kingdom), we provide insolvency protection and offer full responsibility for the proper performance of your booked Tour when booked and paid for in full through Blue Sky Wildlife for a Tour with any Tour Operator listed on the site regardless of destination.
For all Travellers who make a booking and full payment through Blue Sky Wildlife in accordance with EU Package Travel Directive 2015/2302, the travel contract will be between the Traveller and Blue Sky Wildlife Limited, where Blue Sky Wildlife will be acting as the Principle.
For all Travellers who make an enquiry and then full payment with the Tour Operator directly, the Travel Contract will be between the Traveller and the Tour Operator, not Blue Sky Wildlife.
You will receive standard information about your Tour before a binding travel contract comes into existence. That information and where applicable the booking terms and any other written information will form the basis of your travel contract. Please read all that information carefully as it sets out the scope of the Tour Operators or Blue Sky Wildlife travel contract with you. By making a booking, you agree to be bound by all such information and terms and conditions.
In relation to Half-day and Full-day Tours, please note you can only make a direct enquiry to a Tour Operator. Blue Sky Wildlife do not take any payment nor responsibility for those types of Tours whatsoever.
Please ensure you retain the booking confirmation form as evidence of the agreed travel contract.
- Traveller Financial Protection
Blue Sky Wildlife Ltd is a company committed to customer satisfaction and consumer financial protection.
We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”EU Package Travel Directive 2015/2302” (including The Package Travel, Package Tours Regulations, United Kingdom) all traveller bookings through Blue Sky Wildlife Ltd will be covered in respect of your Net Ascertained Financial Loss sustained arising from the cancellation or curtailment of the declared Tour arising solely from the event of the Insolvency of Blue Sky Wildlife Limited and/or the Tour Operator.
This insurance has been arranged by The Travel Vault (Certificate Number: BSW/ZUR/22105, Expires 31st March 2020) Albert House, 256-260 Old Street, London, EC1V 9DD, Ph: +44(0) 020 8050 7185 or email: email@example.com or in conjunction with Towergate Travel 3000 Hillswood, Hillswood Business Park, Chertsey, Surrey, KT16 0RS, Ph: +44 (0) 1932 334140 or firstname.lastname@example.org through Zurich Insurance PLC.
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at email@example.com. Please ensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance.
- Payments & Pricing
When you make your booking via the Blue Sky Wildlife site you must pay a minimum deposit of 25% per person. The balance of the price of the Tour must be paid at least 60 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your Tour. If the balance is not paid in time we shall retain your deposit.
When you make a booking via the Blue Sky Wildlife site, all monies you pay will be held by Blue Sky Wildlife Limited in an Escrow or similar bank account in the United Kingdom.
Deposit payments will be transferred to the Tour Operator within 7 working days of receipt from the traveller, with the balance payment transferred to the Tour Operator at least 50 days prior to departure. Deposit payment received prior to the 60 day balance terms will be held in secure account as referenced above, prior to the payment to the tour operator.
When you make a booking with a Tour Operator via the Blue Sky Wildlife site your debit or credit card will be charged. Bookings made through the Blue Sky Wildlife site will only be confirmed once the payment has been verified. However, if the Tour Operator does not accept the booking (normally within 48 hours, but maximum 120 hours), the charged amount will be credited back to your account in full. Where a deposit is paid, the balance of the Tour (including any surcharge where applicable) is due not less than 60 days prior to scheduled commencement of the Tour.
If the balance is not received in full and on time, Blue Sky Wildlife will be entitled to treat the booking as cancelled and retain all deposits paid or due at that date. If Blue Sky Wildlife do not cancel the booking straight away as the balance payment has been promised in writing, you must pay all cancellation charges shown in Clause 13 depending on the date we reasonably treat your booking as cancelled.
The key terms of your agreement are:-
- When you book a Tour, you will enter into a binding travel contract as per Section 2 detailed on the confirmation that will be issued. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your Tour, but after you’ve paid the balance of the price of your Tour, these charges will increase up to 100% of the cost of the Tour depending on how long before travel you cancel your arrangements;
- You can make changes to your confirmed Tour in certain circumstances. We will make a reasonable charge for processing these changes;
- The Tour Operators may make changes to and cancel your confirmed Tour and in these cases, the Tour Operators will pay you compensation in certain circumstances;
- Blue Sky Wildlife and/or the Tour Operator(s) are responsible for making sure your confirmed Tour are not performed negligently;
- Refer to Section 13, Cancellation Policy for more details.
Prices via the Blue Sky Wildlife site are on the basis of two people sharing. Single rooms maybe available on selected Tours and an additional single supplement charge incurred where single rooms are made available.
Blue Sky Wildlife will cover any the credit card transaction fee, however any other foreign transaction fees charged by either your bank, card issuer or a third party will not be covered by Blue Sky Wildlife.
If you pay for the booked Tour via the Blue Sky Wildlife site and the credit card used at the time of booking is revoked, your booking will be cancelled. In these circumstances, the cancellation policy below shall apply.
Blue Sky Wildlife endeavour to ensure the accuracy of all the information and prices on the Blue Sky Wildlife site. However, given the high number of Tours offered, it is inevitable that, in exceptional cases, mistakes will arise, and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the Tour that you wish to book before your booking is confirmed. Blue Sky Wildlife will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances (see Section 14 Exclusions &/or Force Majeure)
Notwithstanding the above, in cases where details other than price are materially incorrect Blue Sky Wildlife and/or the Tour Operator will offer you the choice of continuing with your booking or cancelling with a full refund of money paid on that booking only.
- Price Amendments
Blue Sky Wildlife and/or the Tour Operator reserve the right to amend the price of unsold Tours at any time and correct errors in the prices of confirmed Tours. In the event of pricing errors for confirmed Tours, where possible we will offer you the opportunity to retain your booking at the correct price, or we will cancel the booking without penalty and provide you with a full refund. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances.
- Price Changes
The price of your confirmed Tour is subject to variations which occur solely as a direct consequence of changes in:-
(a) the price of the carriage of passengers (not pre nor post tour travel) resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
(c) the exchange rates relevant to the package.
Price variations will be calculated by applying the cost differential Blue Sky Wildlife and/or the Tour Operator experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before you are due to depart.
Blue Sky Wildlife and/or the Tour Operator will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your Tour, which excludes insurance premiums and any amendment charges. If you have to pay an increase of more than 8% of the price of your Tour (excluding any insurance premiums, amendment charges and/or additional services), Blue Sky Wildlife and/or the Tour Operator will offer you the option to cancel.
If prices go down as a result of the above factors, a reflective refund will be made, by Blue Sky Wildlife and/or the Tour Operator less any administrative expenses from what is owed to you. Also, note that Tours are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.
- Travel Insurance
Travel insurance is a condition of the travel contract between the Traveller and Blue Sky Wildlife and is not included in the booked Tours.
It is your responsibility to take out the necessary insurance to carry out the Tour in a safe manner which is suitable and adequate for your requirements. The minimum required travel insurance must cover you against any cancellation charges, medical care and repatriation if you become too ill to continue with the Tour and cover the cost of air evacuation from remote areas should sickness or injury necessitate such a course of action. Blue Sky Wildlife would also recommend that you take out additional insurance to cover your travel equipment (e.g. cameras).
Blue Sky Wildlife is an introducer and recommends World Nomads for travel insurance.
- Data Protection
The booking information that you provide to us will be passed on only to the relevant Tour Operators or other persons necessary for the provision of your Tour. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies If you travel outside the European Economic Area (“EEA”), controls on data protection may not be as strong as the legal requirements in the EEA. If we were not authorised to pass this information to the relevant Tour Organisers, whether in the EEA or not, we would be unable to arrange your Tour. In making this booking, you consent to this information being passed on to the relevant parties.
- Your Responsibilities
Blue Sky Wildlife maintains a duty of care to ensure that the Tours and Tour Organisers listed on the Blue Sky Wildlife site are of a high standard. Though inclusion of such Tours and Tour Organisers via the Blue Sky Wildlife site does not constitute a guarantee or endorsement of the quality or value of any Tours or Tour Organisers or of the claims made by them. It is your responsibility to check all details with the Tour Operator prior to making a booking with them.
You are responsible for providing accurate information at the time of making a booking and full compliance with the conditions of participation of the Tour.
After receipt of full payment, you are responsible for arriving at the specified start date and time. If you fail to arrive at the specified start date and time, this will be deemed as a no-show and there will be no refund.
At the sole discretion of the Tour Operator they can exclude you from participation of a booked Tour if you are not in full compliance of the conditions of participation. For such cases, no refund will be made, provided that the Tour Operator listed all such requirements of participation in the Tour, at the time of booking.
Immediately after making payment the relevant travel contract between you and Blue Sky Wildlife or the Tour Operator will be concluded, provided that the Tour Operator either immediately or within normally 48 hours (maximum 96 hours) will accept such a booking. In making payment you are making a binding offer which will be valid for at least 120 hours (5 full days) after payment. In case the Tour Operator does not accept your binding offer within such 120 hours, your offer to buy is no longer binding, unless the Blue Sky Wildlife and/or the Tour Operator’s terms and conditions states otherwise. Whenever a Tour Operator confirms or rejects a pending booking, you will be notified via e-mail. After accepting a booking, the Tour Operator will provide the agreed services on their own behalf and responsibility.
You are responsible for timely arrival at the Tour meeting and starting points. Should you for some reason be delayed and provided that such delay significantly impedes the execution of the Tour, the Tour Operator can cancel the booking. In case of such cancellation, no money paid will be refunded.
Conduct & Behaviour
If in our opinion or in the opinion of any Tour Operator or 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 of our other guests 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 immediately.
In the event of such termination 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 services will be made and we will not pay any expenses or costs incurred because 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 applicable Tour Operator prior to departure from the tour in question. 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 the 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 Arrangements or with us.
- Passport, Visa, Health and Immigration Requirements
Information about passport and visa requirements for your trip can be obtained from the British Foreign Office ‘Know Before you Go’ website, here: https://www.gov.uk/knowbeforeyougo or please refer to information provided by your local government.
Your specific passport and visa requirements, and other immigration requirements, are your responsibility and you should confirm these with the relevant embassies and/or consulates. Neither Blue Sky Wildlife, nor the Operator, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.
Blue Sky Wildlife and/or the Tour Operator will not accept any liability whatsoever if you are refused entry onto any transport or into any country due to failure to carry the correct documentation.
- Booking Acceptance
Only authorised Tour Operator staff can accept direct bookings.
If a Tour Operator accepts a booking of a Tour but subsequently finds out that the information you provided when making a booking was intentionally incorrect, the Tour Operator reserves the right to cancel the booking. In such cases the price and/or deposit paid by you at that time cannot be refunded.
- Cancellation policy
Cancellation by You
If you wish to make any changes to your Tour after they have been confirmed (including if you wish to cancel all or some of them) you must inform us in writing (by email). Your notice requesting a change or cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we and the Tour Operators incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below and/or as shown in the applicable Tour Operators booking conditions.
The cancellation policy issued by the Blue Sky Wildlife and/or the Tour Operator is authoritative and it is important that you read carefully and in full the policies upon receipt within 48 hours.
For any bookings where the travel contract is between the Traveller and Blue Sky Wildlife, the following policy will apply:
- Notice of cancellation more than 60 days prior to the Tour start date, a termination fee equal to the Deposit amount paid will forfeited.
- Notice of cancellation between 60-30 days prior to the Tour start date, a termination fee of 50% of the total Tour costs will be forfeited.
- Notice of cancellation less than 30 days prior to the Tour start date, a termination fee of 100% of the Tour costs will be forfeited.
For any travel contracts directly with the Tour Operator, please enquire about their cancellation policy which will vary on a Tour Operator by Tour Operator basis prior to entering into a legally binding travel contract with them.
You also have the right to terminate the travel contract without paying a termination fee if unavoidable or if extraordinary circumstances occur at the place of destination or within its immediate vicinity which significantly affect the performance of the Tour or the carriage of passengers to the destination.
Unavoidable and extraordinary circumstances are defined as a situation beyond the control of the Tour Operator, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples given include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a 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 destination agreed in the travel contract.
Any refund required will only be made to your credit card or bank account, when the booking was processed, and repayment may take up to 14 working days.
For communication of a cancellation notice, please contact the Tour Operator and Blue Sky Wildlife within 24 hours and in writing via firstname.lastname@example.org. Only notices communicated in the manner advised shall be valid, unless Blue Sky Wildlife and/or the Tour Operator accepts another form of notice.
If you have booked a single contract or multi-contract package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these terms) providing we are notified in writing no less than seven days before departure you must pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of the Travel Operators. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out above will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Cancellation by the Tour Operator &/or Blue Sky Wildlife
Occasionally, we or the applicable Tour Operator has to make a significant change to the Tour and we reserve the right to do so. A significant change is one where we or the relevant Tour Operator significantly alters any of the main characteristics of your confirmed Tour. Examples of significant changes include the following changes when made before departure: –
- where we or the applicable Tour Operator(s) can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation and this will have a significant impact on your Tour.
- where we or the applicable Tour Operator(s) increase the price of your tour by more than 8% of the price originally advertised (excluding any insurance premiums, amendment charges and/or additional services).
If we or the Tour Operator has to make a significant change or cancel before departure and before the date on which the final balance of the cost of your tour is due, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i (for significant changes) agreeing to the changed arrangements,
ii accepting the cancellation or terminating the contract for the Tour and receiving a refund (without undue delay) of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available.
In the event that any proposed change or alternative(s) offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due.
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
If a Tour Operator has already commenced a Tour and is forced to stop the execution of the Tour before its end due to circumstances beyond the control of the Tour Operator hindering them in carrying out the Tour in full. We or the applicable Tour Operator shall be entitled to cancel the Tour and will also be entitled to compensation on a pro-rata basis for the time already spent carrying out the Tour with you.
The Tour Operator shall also have a right to exclude you from participating in the Tour if they do not meet the participation requirements stated at the Tour page when booking the Tour or if otherwise would compromise your safety or others, or otherwise interferes with the proper conduct of the Tour. For such cases you will not receive any refund of the Tour.
In some cases, the Tour Operator will state a minimum number of participants that are required for the Tour to take place. For the Blue Sky Wildlife and/or the Tour Operator to be able to terminate the Tour on this ground, the minimum number must be clearly stated at the time of booking the Tour and in the travel contract and the Tour Operator must notify you of termination within the period fixed in the travel contract. In any event this should be no later than;
- 20 days before the start of the package for trips lasting more than 6 days;
- 7 days for trips lasting between 2 and 6 days;
For communication of a cancellation notice, please inform the applicable Tour Operator or Blue Sky Wildlife within 24 hours and in writing via email@example.com. Only notices communicated in the manner advised shall be valid, unless the Tour Operator or Blue Sky Wildlife accepts another form of notice.
- Tour Changes
The Tour Operator has the right to make minor changes to the content of the Tour if necessitated by unforeseeable or unpreventable circumstances.
If you wish to make any changes to a confirmed Tour, you must do so in writing and as soon as possible. We and/or the Tour Operator will try to accommodate a fair and reasonable request. A £50 administration fee to process the desired changes will be charged per Tour as well as any additional costs incurred by Blue Sky Wildlife and any costs or charges incurred or imposed by any of the Tour Operators.
If you or any member of the touring party is prevented from travelling, you may transfer their place to an alternative, subject to the following conditions:
- a) As long as the alternative traveller satisfies all the conditions applicable to the Tour;
b) As long as Blue Sky Wildlife are notified not less than 14 days before departure;
c) 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 new alternative Traveller agrees to Tour conditions and all other terms of the travel contract between the new alternative Traveller and Tour Operator. Otherwise, no refunds will be given for Travellers not travelling or for unused services.
For communication of any Tour changes, please inform Blue Sky Wildlife within 24 hours and in writing via firstname.lastname@example.org. Only notices communicated in the manner advised shall be valid, unless Blue Sky Wildlife accepts another form of notice.
- Exclusions &/or Force Majeure
Except where otherwise expressly stated in these Terms, Blue Sky Wildlife cannot accept liability or pay any compensation whatsoever if the contracting parties are affected by the following exclusions and/or “Force Majeure” outside the Tour Organisers control.
- Actual or threatened war invasion acts of foreign enemies’ hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power martial law confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority
- Civil commotion assuming the proportions of or amounting to a popular rising, riot, strikes, lockouts, martial law or the act of any lawfully constituted authority.
- Significant risks to human health such as 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.
- Any loss which at the time of the happening of such loss is insured or guaranteed by or would but for the existence of the UK & EU Traveller Financial Protection (Section 3) be insured or guaranteed by any other existing Policy, Policies or bond except in respect of any excess beyond the amount which would have been payable under such other Policy, policies or bond had this UK & EU Traveller Financial Protection not been effected.
- Any loss sustained by the Traveller where the UK & EU Traveller Financial Protection or evidence of coverage was affected after the date of Insolvency of Blue Sky Wildlife Limited.
- Time Zone & Time Calculation
For time and date calculations the time zone of the Tour Operator shall apply.
- Blue Sky Wildlife Liability
Please refer to Section 2 (Travel Contract) and 3 EU Traveller Financial Protection.
Where you book directly with the Tour Operator you will need to contact them for any problems on the Tour. If this proves unsuccessful, you will need to pursue redress via your travel insurance company which has been clearly stated as a condition of travel. Section 8 Travel Insurance
Subject to these Terms, if the Tour Operator(s) or Blue Sky Wildlife negligently perform or arrange those Tours which are not remedied or resolved within a reasonable period of time affecting the enjoyment of the Tour you may be entitled to an appropriate price reduction or compensation, or both.
You must inform Blue Sky Wildlife without undue delay regarding any failure to perform or improper performance of the booked Tour by the Tour Operator. By writing to email@example.com. You must respond with details of the failure within 28 days
Blue Sky Wildlife will not be responsible or pay you any compensation whatsoever for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description caused by you or any member of your party or a 3rd party not connected with the Tour or Force Majeure.
Blue Sky Wildlife will not accept responsibility whatsoever for any services which do not form part of the travel contract between you and Tour Operator.
- Additional Liability Exclusions
- This liability is not applicable to you if you have already booked your holiday with one of Tour Operators and then enquired about the Tour via the Blue Sky Wildlife site regarding the same booking.
- This liability is not applicable when Tours are not enquired nor booked via Blue Sky Wildlife website.
- Liability does not apply if there are political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature or force majeure.
- This liability is not applicable where no funds have exchanged
- 18. Excursions
Excursions or other tours that you may choose to book or pay directly to the Tour Operator for whilst you are on Tour are not part of your travel contract provided by Blue Sky Wildlife. For any excursion or other tours that you book, your contract will be with the tour 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 tour operator.
- Other Conditions
Other conditions for the Tour can be found on the specific Tour page at the time of booking. Tour conditions specified herein shall be applicable from the time of booking.
These Booking Terms and Conditions (henceforth: Terms) shall be applicable to the travel contract entered into between a user of the Blue Sky Wildlife Booking Platform, available at the Blue Sky Wildlife site, and the tour operator, travel arranger, tour organiser or destination management company (DMC) (henceforth: Tour Operator) and/or Blue Sky Wildlife. When such a user makes a booking of a wildlife trip, tour, experience, journey or travel arrangement (henceforth: ‘Tours’) offered and owned by such Tour Operator, having made their Tours available via the Blue Sky Wildlife site.
Such user (henceforth: ‘Lead Name(s)’,‘Traveller’, ‘You’ or ‘Yours’) in these Terms means all persons having made a payment or on whose behalf (including anyone added or substituted at a later date) a payment has been made to the Blue Sky Wildlife and/or the Tour Operator, or with a view to entering into a Travel Contract with the Blue Sky Wildlife and/or the Tour Operator for the provision of accommodation and/or a Tour will in these Terms also be referred to as the contracting parties. Refer to Section 2 Travel Contract.
- a) A petition has been presented to the Court for the compulsory winding up of Blue Sky Wildlife.
b) The Blue Sky Wildlife convenes a meeting of its Creditors informally or otherwise for the purpose of considering an arrangement with such Creditors pursuant to the provisions of Section 588 of the Companies Act 1985 (Insolvency Act 1986) or any statutory modification or re-enactment hereof.
c) A Receiver is appointed over any of the property or assets of Blue Sky Wildlife;
d) The Blue Sky Wildlife stops payment of its debts or is unable to pay its debts within the meaning of Section 518 of the companies Act 1985 or ceases to carry on its business as a result of being unable to pay its debts as they fall due.
Net Ascertained Financial Loss
a) Loss of Deposit(s) or charge(s) paid in advance by the Traveller to the Blue Sky Wildlife Limited
b) Additional costs reasonably and necessarily incurred following curtailment of the travel arrangements to enable the Traveller to:
i) continue with and complete the scheduled journey or travel arrangements. The policy indemnity in respect of accommodation is limited to the additional cost incurred by the Lead Name(s) in securing such accommodation of the same or similar standard as enjoyed prior to the curtailment of the Tour.
ii) return to the original contracted destination in the United Kingdom. Policy indemnity limited to the additional cost incurred by the Lead Name(s) in respect of the same or similar standard of transportation as enjoyed prior to the curtailment of the travel arrangements.
The use of disruptive activities, or the threat thereof, against computers and/or network with the intention to cause real-world harm or sever disruption of infrastructure.
If you have a complaint about any of the services included in your Tour, whether the Travel Contract is directly with the Tour Operator or Blue Sky Wildlife, you must inform us in writing directly via firstname.lastname@example.org without undue delay to endeavour to put things right.
If the issue is not resolved locally, please follow this up within 28 days of your return by writing to email@example.com giving your booking reference and all other relevant information.
Please keep your correspondence concise, to the point and factual. If you fail to follow the requirement to report your complaint we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.
- Applicable Law
The legal relationship governing the contracting parties shall be governed in all cases according to the applicable law of the Tour Operator, however if any dispute, claim or other matter of any description arises between you and Blue Sky Wildlife the applicable law will be English Common Law.
July 2019 - Version II