Uses made of the information
We use information held about you in the following ways:
To ensure that content from our Site is presented in the most effective manner for you and for your computer.
To carry out our obligations arising in connection with any contracts entered into between you and us, or between you and a third party supplier.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
To provide you with information and offers that we or selected third parties feel may interest you.
To carry out customer care enquiries and market research about services you book or enquire about.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data for marketing purposes, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
Disclosure of your information
We may disclose your personal information to any member of our Group, which means our subsidiaries, our ultimate holding company and its subsidiaries, to relevant third parties who will supply the travel arrangements or other services you request, to Government bodies and other authorities to whom we are legally obliged to pass your data (e.g. border agencies of countries you intend to visit) and to relevant third parties for the purpose of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking/unticking certain boxes on the forms we use to collect your data
Our site contains links to and from the websites of our principals, suppliers, advertisers and other third parties. If you follow a link to any of these other websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or for these 3rd party websites. Please check these policies before you submit any personal data to these websites.
TERMS & CONDITIONS
The lead name on the booking must give notice to cancel in writing (this can include an email) and the charges shown below apply from the date we receive the notice at our offices, or the travel agent activates the cancellation. Cancellation charges to compensate us for estimated losses and expenses are calculated from the date we receive your written notification of cancellation.
If we receive notice of your cancellation more than 85 days before departure you will lose your deposit.
If we receive notice of your cancellation between 84 and 64 days before departure you will lose 30% of the cost of your holiday (or loss of deposit if greater).
If we receive notice of your cancellation between 63 and 50 days before departure you will lose 50% of the cost of your holiday.
If we receive notice of your cancellation between 49 and 29 days before departure you will lose 70% of the cost of your holiday.
If we receive notice of your cancellation between 28 and 15 days before departure you will lose 90% of the cost of your holiday.
If we receive notice of your cancellation 85 days or fewer before departure you will lose 100% of the cost of your holiday.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- He/she consents to our use of information in accordance with our Privacy & Data Protection Policy;
- He/she is over 18 years of age 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.
MAKING A BOOKING AND PAYING FOR YOUR HOLIDAY
When you confirm your booking you must pay the applicable deposit or full payment. If the arrangements you wish to book are available we will issue a Confirmation Invoice and send this to you or your travel agent. A binding contract will come into existence between you and us as soon as we have issued you with this Confirmation Invoice. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel and any other transport provider; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as variation of your holiday price.
There will be no change made to the price of your holiday within 30 days of your departure . 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.
CUTTING YOUR HOLIDAY SHORT
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
CHANGES BY YOU
If after your holiday has been confirmed, you wish to alter your booking, we will try to make the necessary arrangements provided we receive written confirmation of the change from the person who signed the booking form, or your travel agent, before the date on which the final balance of the cost of your holiday is due. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given no later than 28 days before you are due to depart.
Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Changes and transfers will be subject to an administrative fee as well as any applicable rate changes or extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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 (see cancellation).
ALTERATIONS AND CANCELLATIONS BY US
Occasionally, we may have to make changes to and cancel your holiday arrangements and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay your final balance. Most changes will be minor and we will advise you or your travel agent of them at the earliest opportunity. Your rights vary depending on whether we make a ‘minor’ or ‘major’ change.
Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower official classification for the whole or a major part of your holiday, a change of outward departure time or overall length of your holiday of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 60 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. All holidays operate subject to a minimum number of bookings. We will not, however, cancel for lack of numbers less than 60 days before departure.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Passport and visa requirements vary depending on your destination. The information which we provide is for guidance only, and we cannot accept any liability. We recommend that you contact the relevant consulate to check any restrictions that may apply. Requirements do change and you must check the up to date position in good time before departure. Please contact your doctor for advice on health requirements. It is your responsibility to ensure that you have a proper passport and visa and that no personal circumstances such as a criminal offence or travel to another country will affect your individual visa requirements, and that you have the required vaccinations to gain entry to any country which you are visiting.
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.
DEALING WITH COMPLAINTS
Backpackers Tours will make every effort to make your holiday as enjoyable and trouble free as possible. Most problems can be sorted out straight away if we know about them. If you have a complaint, you must advise our representatives straight away and the supplier of the service(s) in question. Any verbal notification must be confirmed in writing as soon as possible. You may also contact us directly using telephone number provided in our website. That number will put you in touch with one of our employees who will take all reasonable steps to help you.
You must not behave in a way which may cause distress or annoyance to others. If, in the opinion of ourselves, accommodations manager or other person in authority, you are behaving in such a way as to cause danger, distress or annoyance to others or damage to property, your holiday arrangements may be terminated by either ourselves or the supplier concerned. In this situation, 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 not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. 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 from the hotel. 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.
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 war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, 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, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control
OUR RESPONSIBILITY FOR YOUR HOLIDAY
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these 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.
(2) 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 act(s) and/or omission(s) of the person(s) affected;
(b) 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
(c) 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
(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
(3) 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 $25 per person in total because you are assumed 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 twice 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.
(4) 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.
(5) 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.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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) any business losses.
(7) 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.
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.
CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions 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.
DELAYS AND OTHER TRAVEL INFORMATION
If you or any member of your party miss 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 immediately
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. We will inform the relevant supplier of such request. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
DISABILITIES AND MEDICAL PROBLEMS
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 stay, 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 the tour. Acting reasonably, if we 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.
Content Usage Policy
This site contains material, including but not limited to software, text, graphics, pricing, tour descriptions, images and photos (“Content”).Unauthorized use of the Content may result in a violation of copyright, trademark or other laws. You have no rights in or to the Content and you shall not use, copy or display the Content without the prior written consent of BackpackersTours.
This TripAdvisor API Agreement (“Agreement”) is entered into by and between TripAdvisor LLC (“TripAdvisor”) with an address at 141 Needham Street, Newton, MA 02464 and “You”.
Please read our conditions of use carefully as by using the website you will be taken to have agreed to be bound by them. We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the website after they have been posted.
Information published by us on the website is supplied to us by Backpackers and, where indicated, by certain third parties. We take every care and precaution to ensure that information published on the website is accurate when posted and regularly updated, but neither we nor Backpackers guarantee its accuracy and we may change the information at any time without notice.
WE PUBLISH THE WEBSITE ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND NEITHER WE NOR BACKPACKERS SHALL BE LIABLE FOR ANY LOSSES OR DAMAGE THAT MAY RESULT FROM USE OF THE WEBSITE AS A CONSEQUENCE OF ANY INACCURACIES IN, OR ANY OMISSIONS FROM, THE INFORMATION WHICH THEY MAY CONTAIN.
The information contained on the website is not an invitation to invest in the shares, or any other products or services or otherwise deal in these or enter into a contract with Backpackers, its subsidiaries and associates or any other company. The information provided should not be relied upon in connection with any investment decision.
Any reference to any product or service which has been or may be provided by Backpackers or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Copyright in these pages is owned by Backpackers. Backpackers owns the copyright in the content published on the website except where otherwise indicated by a third party’s proprietary notice. Images, trade marks and brands are also protected by other intellectual property rights and laws and must not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
Content and information provided by third parties other than Backpackers is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
We are not responsible for the content of any other website from which you have accessed the website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.
These conditions of use are governed by the laws of Ghana and you agree that the Ghanaian courts shall have exclusive jurisdiction in any dispute.
To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.