Booking Conditions

1. Introduction and who we are

Peacock and Banyan is a trading name of Helen Bateman Travel Ltd, a company registered in England and Wales under company number 16237309. Our registered office is 4 Westfield, Willingham, Cambridgeshire, CB24 5HH. Helen Bateman Travel Ltd is a member of the Travel Trust Association, membership number X5610.

In these Booking Conditions, “Peacock and Banyan”, “we”, “us” and “our” mean Helen Bateman Travel Ltd trading as Peacock and Banyan. “You” and “your” mean every person named on the booking, including anyone added or substituted later. The person making the booking is the lead traveller.

These Booking Conditions apply only to package holidays organised and sold by Peacock and Banyan. We currently offer both flight-inclusive packages and packages that do not include flights. We do not currently sell flight-only, accommodation-only or other single travel services under the Peacock and Banyan brand.

Your contract is with Helen Bateman Travel Ltd. Your contract consists of these Booking Conditions, our Privacy Policy, your written quotation and itinerary, your confirmation invoice, and any other information that we bring to your attention before your booking is confirmed.

2. Your package holiday

When you book a combination of travel services for the same trip or holiday which meets the legal definition of a package, Peacock and Banyan acts as the organiser under the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”).

As organiser, we are responsible for the proper performance of the travel services included in your confirmed package, regardless of whether those services are performed by us or by other travel service providers.

Your confirmation invoice and itinerary will state the services included in your package. Anything not expressly included is not part of our contract with you.

3. Before you book

3.1 Choosing a suitable holiday

We will use our knowledge and experience to help you select a holiday that is suitable for you. Our journeys may include remote locations, wildlife areas, early starts, long travel days, uneven ground, simple accommodation, changes in climate and altitude, and transport or infrastructure that differs from UK standards.

You should read the itinerary and pre-contract information carefully and ask us about anything that may affect your decision. You should also carry out your own research and review current Foreign, Commonwealth & Development Office travel advice before booking and regularly before departure.

3.2 Accommodation and other ratings

Accommodation ratings and classifications are supplied by local authorities or suppliers and are intended only as a general guide. Standards and rating systems vary between countries and suppliers. A particular rating does not guarantee that an accommodation will be equivalent to a UK property with the same rating.

3.3 Health, accessibility and special requirements

Before booking, you must tell us in writing about any medical condition, disability, reduced mobility, pregnancy, allergy, dietary need or other requirement that may affect your ability to take part in the holiday or the suitability of any travel service. You must also tell us promptly if your circumstances change after booking.

We will make reasonable enquiries of our suppliers and discuss the suitability of the proposed arrangements with you. We cannot guarantee that every request can be met, particularly in remote destinations where accessible facilities or specialist medical support may be limited.

We may decline or cancel a booking if, after considering the information available, we reasonably believe that we or our suppliers cannot safely or properly accommodate your needs. Where the Package Travel Regulations require us to provide assistance or accommodation without a statutory cap for certain travellers, those rights will apply.

3.4 Special requests

Please make any special request at the time of booking. We will pass reasonable requests to the relevant supplier, but a request is not guaranteed unless we confirm it in writing as part of your contract. We cannot accept a booking that is conditional upon an unconfirmed special request being met.

4. Making a booking

4.1 Authority of the lead traveller

The lead traveller must be at least 18 years old and is responsible for the administration of the booking. By making the booking, the lead traveller confirms that they have authority to accept these Booking Conditions on behalf of every person named on the booking and that all information supplied is complete and accurate.

The lead traveller is responsible for making all payments due and for passing all documents, information and notices to the other travellers.

4.2 When the contract is formed

A booking request does not create a contract. Your contract is formed only when we have received the required deposit or other payment, you have accepted the quotation and these Booking Conditions, and we issue our written confirmation invoice.

We may decline a booking before confirmation and return any money paid. Availability and prices are not guaranteed until the booking is confirmed.

4.3 Checking your documents

You must check your quotation, confirmation invoice, itinerary, ATOL Certificate where applicable, and all other documents immediately upon receipt. Names must exactly match the relevant passports. You must notify us immediately of any error or omission. Delay may prevent correction or result in charges.

5. Prices and payment

5.1 Price

The price of your package and the services included will be set out in your quotation and confirmation invoice. Prices are quoted in pounds sterling unless stated otherwise. The price includes only the items expressly described as included.

Before confirmation, we may correct errors and alter a quoted price. We will tell you of any change before you book.

5.2 Deposit and balance

The deposit and payment schedule will be stated in your quotation. Unless we agree otherwise in writing, the final balance is due 90 days before departure. Some flights, permits, lodges and other arrangements may require earlier or full non-refundable payment.

If payment is not received by the due date, we may treat the booking as cancelled by you and apply the cancellation charges in section 10.

5.3 Price changes after confirmation

After confirmation, we may increase the price of your package only where the contract expressly permits it and the increase results directly from changes in: the price of passenger transport resulting from fuel or other power sources; taxes or fees imposed by third parties not directly involved in performing the package; or exchange rates relevant to the package.

We will calculate any increase transparently and notify you with an explanation no later than 20 days before departure. If the relevant costs decrease, you are entitled to a corresponding price reduction, less our reasonable administrative expenses.

If a permitted increase exceeds 8% of the total package price, it will be treated as a significant change and you may accept the increase, accept a suitable alternative if offered, or cancel and receive a refund in accordance with section 12.

6. Financial protection

6.1 Travel Trust Association protection

Helen Bateman Travel Ltd is a member of the Travel Trust Association, membership number X5610. Customer money is paid into a designated trust account and protected in accordance with the Travel Trust Association’s rules and guarantee arrangements.

You will receive the relevant TTA documentation or guarantee certificate for your booking. You should retain your confirmation invoice, receipts and financial-protection documents.

6.2 Flight-inclusive packages and ATOL

Flight-inclusive packages will be protected under the ATOL scheme where stated on your ATOL Certificate. You will receive an ATOL Certificate immediately after making your first payment for an ATOL-protected booking. The certificate will identify the ATOL holder, ATOL number, travellers and services protected.

When you buy an ATOL-protected flight-inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can obtain information about what that protection means, and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide the services listed on the certificate or a suitable alternative. If neither we nor the relevant supplier can do so because of insolvency, an alternative ATOL holder may provide the services or a suitable alternative at no extra cost. You agree to accept that arrangement and to pay any outstanding money under your contract to that alternative ATOL holder.

Where no alternative ATOL holder can be appointed, you may be entitled to make a claim under the ATOL scheme, or against your card issuer where applicable. If the Air Travel Trust makes a payment or provides a benefit to you, you agree to assign to its trustees any claims arising from the non-provision of the protected services, including claims against us, an agent or your card issuer. Those claims may be reassigned if another body has paid the sums claimed.

ATOL protection does not apply to every travel service. If you do not receive an ATOL Certificate, your booking is not ATOL protected. If you receive a certificate but a service is not listed on it, that service is not protected under ATOL.

[INSERT THE ATOL HOLDER’S FULL LEGAL NAME AND ATOL NUMBER EXACTLY AS REQUIRED BY THE TTA/CAA.]

6.3 Non-flight packages

Packages that do not include a flight are financially protected through the Travel Trust Association arrangements described above.

7. Travel insurance

Adequate travel insurance is a condition of booking. Your policy should be in force from the date you book and should cover the full cost of cancellation, curtailment, medical treatment, repatriation, personal liability, baggage, activities included in your itinerary, and any pre-existing medical conditions.

We do not provide advice on the suitability of a particular insurance policy. You are responsible for checking the policy terms, exclusions and excesses

8. Passports, visas, health and entry requirements

You are responsible for meeting all passport, visa, immigration, customs, health, vaccination and entry requirements that apply to you. Requirements vary according to nationality, passport, residence, personal circumstances and travel history, and may change at short notice.

You should obtain current advice from the relevant embassies or consulates, the Foreign, Commonwealth & Development Office, TravelHealthPro and an appropriately qualified healthcare professional.

We are not responsible where you cannot travel, are refused boarding or entry, or incur loss because you have not complied with a requirement. You must reimburse us for any fine, charge or loss reasonably incurred as a result of your failure to comply.

9. Changes requested by you

9.1 Amendment requests

You must request changes in writing. We will try to assist but cannot guarantee that a change will be possible. You must pay an administration fee of £50 per booking, together with all supplier charges and any increase in the cost of the revised arrangements.

Some arrangements, including flights, permits and certain accommodation, cannot be changed after confirmation and may incur charges of up to 100%.

9.2 Transfer of the package

You may transfer the package to another person who satisfies all conditions applicable to the booking, provided you give us reasonable notice on a durable medium. Notice given at least seven days before departure will be regarded as reasonable.

The original traveller and the replacement traveller are jointly and severally liable for the outstanding balance and the actual and reasonable costs of the transfer. We will provide evidence of those costs on request.

10. Cancellation by you

10.1 How to cancel

The lead traveller must notify us in writing. Cancellation takes effect when we receive the notice. We recommend that you contact your insurer before cancelling.

10.2 Cancellation charges

Because we incur costs from the time your booking is confirmed, you must pay the cancellation charge shown below. These charges represent a reasonable estimate of the losses and costs we expect to incur, but where our actual recoverable loss is lower you may ask us to provide a calculation.

Notice received before departure

Cancellation charge

70 days or more

Loss of deposit

57–69 days

30% of total package price

31–56 days

60% of total package price

30 days or fewer

100% of total package price

In addition, you must pay any non-refundable or higher cancellation charge applying to flights, permits, accommodation or other services where we identified this before booking or where the supplier’s terms make the cost unavoidable.

Insurance premiums, amendment fees and other administration charges are non-refundable. Where your reason for cancelling is covered by your insurance, you may be able to recover the cancellation charge from your insurer.

10.3 Cancellation because of unavoidable and extraordinary circumstances

You may cancel before departure without paying a cancellation fee where unavoidable and extraordinary circumstances occur at the destination or its immediate vicinity and significantly affect the performance of the package or the carriage of passengers to the destination.

In that event, you will receive a refund of payments made for the package, but you will not be entitled to additional compensation. Official travel advice is an important factor, but each situation will be assessed on the facts and the legal test applicable at the time.

11. Changes made by us

11.1 Insignificant changes

We may make an insignificant change before departure and will tell you where reasonably possible. Examples may include a minor change to transport times, a change of carrier or vehicle, or substitution of accommodation with another of a similar or higher standard.

11.2 Significant changes

If, before departure, we are constrained to make a significant change to a main characteristic of the package, cannot fulfil a confirmed special requirement, or propose a price increase of more than 8%, we will tell you without undue delay and give you a reasonable period in which to choose between:

accepting the proposed change;
accepting a substitute package, where we offer one; or
terminating the contract and receiving a refund of all payments made.

Where a substitute package is of lower quality or cost, you will receive an appropriate price reduction. If you do not respond within the period stated in our notice, we will send a further notice explaining the consequences of failing to respond.

12. Cancellation by us

We may cancel your package and refund all payments without additional compensation if:

the number of travellers is below a stated minimum and we notify you within the period specified in your contract and no later than the statutory deadline;
we are prevented from performing the contract because of unavoidable and extraordinary circumstances and notify you without undue delay; or
you fail to pay an amount due or otherwise commit a serious breach of these Booking Conditions.

Unless cancellation is caused by your breach, we will provide any refund due without undue delay and no later than 14 days after the package contract is terminated.

Where we cancel for a reason other than those permitted without compensation, or make a significant change that you do not accept, you may also be entitled to compensation depending on the circumstances.

13. Performance of your package

13.1 Our responsibility as organiser

We are responsible for the performance of the travel services included in your package. If a service is not performed in accordance with the contract, you must tell us or the relevant supplier without undue delay, taking account of the circumstances.

We will remedy a lack of conformity unless that is impossible or entails disproportionate cost. If we do not remedy it within a reasonable period set by you, you may do so yourself and request reimbursement of necessary expenses, except where immediate action is required.

Where a significant proportion of the package cannot be provided, we will offer suitable alternative arrangements at no extra cost, where possible of equivalent or higher quality. If the alternatives are lower quality, we will provide an appropriate price reduction.

13.2 Price reduction and compensation

You may be entitled to an appropriate price reduction for any period during which there is a lack of conformity, unless it is attributable to you.

You may also be entitled to compensation for damage sustained as a result of a lack of conformity, except where it is attributable to you; attributable to an unconnected third party and unforeseeable or unavoidable; or caused by unavoidable and extraordinary circumstances.

13.3 Limits on liability

Nothing in these Booking Conditions limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be limited.

For claims that do not involve death, personal injury or damage caused intentionally or through negligence, our liability may be limited to three times the total package price, as permitted by the Package Travel Regulations.

Where an international convention or legislation limits the compensation payable by a carrier, hotelier or other service provider, our liability will be limited in the same way. Relevant conventions may include the Montreal Convention, Athens Convention and COTIF.

Any compensation or payment received or due from a transport provider or another third party for the same event will be taken into account to prevent double recovery.

We are not responsible for services that do not form part of your package, including an excursion or service booked independently while you are away.

14. Unavoidable and extraordinary circumstances

Except where the Package Travel Regulations provide otherwise, we will not be liable to pay compensation where our obligations are affected by unavoidable and extraordinary circumstances beyond our control and the consequences could not have been avoided even if all reasonable measures had been taken.

Examples may include warfare, terrorism, civil unrest, serious public-health risks, natural disasters, extreme weather, government action, border or airspace closure, industrial disputes, significant transport disruption, fire, nuclear, chemical or biological incidents, and unavoidable technical problems with transport.

15. Return travel and additional accommodation

If unavoidable and extraordinary circumstances make it impossible to ensure your return as agreed in the package, we will bear the cost of necessary accommodation, where possible of an equivalent category, for up to three nights per traveller.

The three-night limit does not apply where longer accommodation must be provided under passenger-rights legislation, or to persons with reduced mobility and their companions, pregnant travellers, unaccompanied minors, or persons needing specific medical assistance, provided we were notified of their particular needs at least 48 hours before the start of the package where practicable.

16. Assistance while you are travelling

If you are in difficulty, we will provide appropriate assistance without undue delay. This may include information about health services, local authorities and consular assistance, help with communications, and assistance in finding alternative travel arrangements.

We may charge a reasonable fee where the difficulty was caused intentionally or through your negligence. The fee will not exceed our actual costs.

17. Flights, delays and transport

Flight times, carriers, aircraft types and routings may change. You must check all tickets and final documents and monitor communications from the carrier.

If you miss, are denied boarding on, or experience cancellation or delay to transport, contact us and the transport provider immediately. Passenger-rights legislation may give you rights directly against the carrier. A transport delay or cancellation does not automatically entitle you to cancel the remainder of the package.

Where we pay compensation arising from the same facts as a claim against a carrier, you must assign to us any corresponding rights against that carrier to the extent permitted by law.

18. Behaviour and conduct

You must behave responsibly and must not threaten, distress, endanger or seriously inconvenience another person, damage property, interfere with the operation of transport or accommodation, or disregard reasonable instructions given for safety or the proper operation of the holiday.

If your behaviour, or that of a member of your party, causes or is likely to cause serious disruption, danger or damage, we or a supplier may terminate the affected person’s travel arrangements. No refund will be due for unused services, and you will be responsible for resulting losses, damage and reasonable costs.

We are not responsible for the behaviour of independent third parties who are not connected with the performance of your package.

19. Wildlife, nature and destination conditions

Wildlife sightings, weather, natural events, road conditions and local operating circumstances cannot be guaranteed. Itineraries in wildlife and remote destinations may be altered for safety, conservation, seasonal, operational or environmental reasons.

You must follow instructions given by guides, rangers, crew and accommodation staff. You must not feed, touch, pursue or disturb wildlife, remove natural or cultural items, or take part in conduct that is unsafe, unlawful or contrary to local conservation rules.

20. Complaints

You must report a problem without undue delay to the relevant supplier, local representative and Peacock and Banyan so that there is an opportunity to investigate and remedy it.

During your holiday, contact the emergency or local contact shown in your travel documents and email [INSERT PEACOCK AND BANYAN CUSTOMER-SERVICE EMAIL].

If the matter is not resolved, send a formal written complaint within 28 days of returning, including your booking reference, a clear description of the issue and supporting evidence. A delay in reporting may affect our ability to investigate and may be taken into account when assessing any remedy, but it does not remove rights that cannot lawfully be excluded.

[INSERT DETAILS OF ANY TTA COMPLAINT OR ALTERNATIVE DISPUTE RESOLUTION PROCESS THAT MUST BE OFFERED.]

21. Emergency support

Your final documents will include an emergency contact for use during the holiday. In destinations where a local representative or supplier contact is provided, contact them first where it is reasonable to do so, as they will usually be best placed to provide immediate assistance.

22. Data protection

We use personal information to administer your booking and provide the travel services. This may require us to share information, including health, dietary and passport information, with suppliers, authorities and service providers in the UK and overseas.

Our handling of personal information is explained in our Privacy Policy. The lead traveller must ensure that every person on the booking has seen the Privacy Policy and consents where consent is required.

23. Law and jurisdiction

These Booking Conditions and your contract are governed by the law of England and Wales. The courts of England and Wales will have jurisdiction, unless you live in Scotland or Northern Ireland, in which case proceedings may be brought in the courts of the part of the United Kingdom in which you live.

24. Contact details

Peacock and Banyan
A trading name of Helen Bateman Travel Ltd
Company number: 16237309
Registered office: 4 Westfield, Willingham, Cambridgeshire, CB24 5HH
Travel Trust Association membership number: X5610
Email: info@peacockbanyan.com
Telephone:+44 (0) 1728 850024
Website: www.peacockbanyan.com
ATOL holder and number: Helen Bateman Travel Ltd - 12782

Schedule: key rights under the Package Travel Regulations

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. You will therefore benefit from all rights applying to packages. Helen Bateman Travel Ltd trading as Peacock and Banyan will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, Helen Bateman Travel Ltd has protection in place to refund your payments and, where transport is included, ensure your repatriation in the event that it becomes insolvent.

Travellers will receive all essential information about the package before concluding the contract.
There is always at least one trader liable for the proper performance of all travel services included in the contract.
Travellers are given an emergency contact or details of a contact point through which they can reach the organiser.
Travellers may transfer the package to another person on reasonable notice and subject to any actual and reasonable additional costs.
The package price may be increased only if specific costs rise, the contract expressly permits an increase, and the traveller is informed no later than 20 days before departure. If the increase exceeds 8%, the traveller may terminate the contract.
Where a significant element of the package is changed, travellers may terminate without a fee and receive a full refund. Where offered alternatives are lower in quality, travellers are entitled to a price reduction.
Travellers may terminate without a fee before departure where unavoidable and extraordinary circumstances significantly affect performance of the package or carriage to the destination.
If the organiser cancels before departure, travellers are entitled to a refund and, where appropriate, compensation.
Travellers are entitled to a price reduction or compensation where travel services are not performed or are improperly performed, subject to the statutory exceptions.
The organiser must provide assistance to a traveller in difficulty.
The organiser must provide insolvency protection for refunds and, where passenger transport is included, repatriation.