These conditions should be read in conjunction with our printed brochure and planning guide. This web site is not a brochure. Should you book, your contract is with Last Frontiers Limited, a member of ABTA (www.abta.com).
1. Your holiday contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you are domiciled there.
2. Your financial protection
Last Frontiers holds an Air Travel Organiser's Licence (ATOL) granted by the Civil Aviation Authority, number 2793. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme.
You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. For travel booked by clients in the UK that does not include a flight we protect our passengers with insurance. Our overseas clients should note that wherever we provide services solely in Latin America, such as internal transportation or ground arrangements, and without any international element related to the United Kingdom, we have no requirement on the part of the UK authorities to provide bonding for these services and such clients are advised to protect themselves with travel insurance.
We are a Member of ABTA, membership number Y5863. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
4. Your Holiday Price
When you make your booking you must pay a deposit of £300 per person. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. We accept major credit and debit cards although we will impose a 2% fee for payment by credit card (except initial £300 Last Frontiers deposit). If the deposit and/or balance is not paid in time, we will cancel your travel arrangements. If the balance is not paid in time we will retain your deposit. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 7 days of the surcharge notification. If payment is made in full on booking, no surcharge will apply. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. 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. The details of individual costs which make up the total quotations for client bookings are confidential between ourselves and our suppliers. We therefore cannot provide breakdowns of individual costs.
When you buy a flight-based holiday, any monies you pay to a travel agent are held by them on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by them on our behalf at all times.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. You will be asked to pay any further cost we incur in making this alteration plus, if less than 8 weeks prior to departure, an administration charge of £50. Certain travel arrangements (e.g. flight tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
|Period before departure||Cancellation charge|
|More than 56 days||Loss of deposit|
|56-29 days||50% of holiday cost|
|Less than 29 days||100% of holiday cost|
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7. If We Change or Cancel Your Holiday
As we plan your holiday arrangements well in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. We will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. Force majeure is unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riots, industrial disputes, terrorist activity and its consequences, natural or nuclear disasters, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport. If we cancel or make a major change we will pay compensation of £40 per person (nil if before balance due date) except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
8. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. our local agent) immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving all relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 3 above on ABTA.
9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask us for copies of the international conventions. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted. This clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
10. Prompt assistance in resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
11. Passport, Visa and Immigration Requirements
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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by 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.
If you are participating in a small group tour you must comply with the instructions of the group leader in all matters related to the safety of the group. Your tour leader has the right to ask any person to withdraw from a tour if it is considered necessary for the wellbeing or safety of that person or other members of the group.
It is an essential condition of your booking a holiday that you take out adequate holiday insurance to our reasonable satisfaction. We will ask you to let us have evidence of the insurance prior to the commencement of the holiday and your holiday is subject to adequate insurance cover being in place before then.
15. Foreign Office Travel Advice
From time to time the British Foreign & Commonwealth Office (www.gov.uk/foreign-travel-advice) issues Travel Advisory Notices giving advice regarding travel to a particular destination, which you should consult. If the FCO advises against all travel we will probably have to cancel your holiday (we have to follow the advice of our insurers). If the FCO advises against non-essential travel we will not usually cancel your holiday, but will be happy to give our opinion of the possible risks involved. The decision to travel or not in this case will be yours, and our normal cancellation conditions will apply. You should also check your travel insurance to confirm how an FCO Travel Notice affects your policy, as this varies between insurers.
Some of our arrangements involve strenuous physical activity and can be in areas where there can be additional risks of disease and injury. All clients must be in good health and fully able to participate in any of the physical activities which may be needed for these particular arrangements. If a client has any doubts they should be raised with us as soon as possible so that we can advise on the suitability of taking any tour.
Edition: June 2016