Booking Terms and Conditions

The following Booking Terms and Conditions together with our Privacy Policy and, where your Travel Arrangements are booked via our Website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking govern your booking with Yellow Yeti Digital Ltd, a company registered in England with company no: 10290864 and registered office address of Flat 19 Burnham Estate, Burnham Street, London, England, E2 0JE, trading as “Yellow Yeti Travel” (“we” “us” and “our”).

Please read them carefully as they set out what you are legally entitled to expect from us and other suppliers of travel services we sell. References to “you”, “your” and “your party” in these Booking Terms and Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

References to “Travel Arrangement(s)” in these Booking Terms and Conditions are to the accommodation, transport, activities, tours, excursions and other services we feature on our Website.

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 Booking Terms and Conditions and has the authority to and does agree to be bound by them;

– consents to our use of personal data in accordance with our [Privacy Policy] and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

– 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;

– accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

– Is responsible for the accuracy of the participant data provided on behalf of all persons detailed on the booking.

In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, our obligations to you may vary depending upon which Travel Arrangements you book with us, and we have tried to set them out below as clearly as possible:

– Section A contains the conditions that will apply to all bookings;

– Section B sets out the extra terms and conditions that will apply when you make a booking with us, where we act as the Package Organiser.

SECTION A – APPLICABLE TO ALL BOOKINGS

1. Your Agreement with Us

[1.1.] These are the terms on which we will make a booking for your travel or holiday requirements.

[1.2.] When making your booking for any single service (for example motorcycle rental); or for any Package Holiday (as defined in clause 2.2 below) which has been organised by a company established within the EEA (‘Agency Bookings’) we will arrange for you to enter into a contract with the Principal(s) or other Supplier(s) (e.g. tour operator/rental operator/accommodation company) named on your receipt(s). In doing so, we act as an agent and accept no responsibility for the acts or omissions of the Principal(s) or Supplier(s) or for the services provided by them, unless we have sold those Travel Arrangements in such a way as to create a Package Holiday where we are acting as the Package Organiser (please see clause 2 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Terms and Conditions.

[1.3.] In relation to such bookings, your booking is subject to these Booking Terms and Conditions and the specific terms and conditions of the relevant Supplier(s)/Principal(s) you contract with and you we advise you to read both carefully prior to booking. The Supplier(s)/Principal’s terms and conditions may limit and/or exclude the Supplier(s)/Principal’s liability to you. Please ask us for copies of these if you do not have them.

2 . Package Holiday Bookings

[2.1.] Where your booking is for a Package Holiday, as defined below, we will sometimes act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Terms and Conditions. Where you have booked a Package Holiday where we are acting as agent for a travel company established in the EEA, you will receive the same rights, but from that company, not us.

[2.2] A “Package Holiday” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday: (a) transport; or (b) accommodation; or (c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and (d) any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our Website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

[2.3.] Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package Holiday where the tourist services:

– [2.3.1.] do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or

– [2.3.2.] are selected and purchased after the performance of the transport, accommodation or vehicle rental has started.

3. Booking

[3.1.] When you make a booking on our Website, you will have the opportunity to review all the details of the booking before making payment. Once you have reviewed these details and made payment, we will proceed to confirm the booking with the Supplier(s)/Principal.

[3.2.] Please check that all names, dates, vehicles and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport.

[3.3.] The booking information that you provide to us will be passed on only to the relevant Supplier(s)/Principal of your Travel Arrangements or other persons necessary for the provision of your Travel Arrangements.

[3.4.] The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons.

[3.5.] If you travel outside the European Economic Area (EEA), controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant Supplier(s)/Principal, whether in the EEA or not, we will be unable to provide your booking. Please see our [Privacy Policy] for more details.

[3.6.] Yellow Yeti Travel reserves the right to decline any booking at our discretion.

[3.7.] Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as hard copy.

4. Payment

[4.1.] Payments can be made by electronic bank transfer or by credit or debit card. For electronic transfer, we will notify the Participant(s) of our bank details separately.

[4.2.] You are required to pay a minimum deposit of 10% of the cost of your Travel Arrangements or the following amount in your chosen currency: GBP £100, AUD $200, NZD $200, USD $200, CAD $200 or EUR €150 – whichever is greater. Deposits are payable per person at the time of booking.

[4.3.] The final balance is due 75 days prior to the start date.

[4.4.] Full payment is required if booking within 75 days of departure or as requested by the Supplier(s)/Principal.

[4.5.] Should your balance not be paid on the due date, we reserve the right to cancel your reservation and no refund will be made.

[4.6.] In respect of Agency Bookings, except where otherwise advised or stated in the terms and conditions of the Supplier(s)/Principal concerned, all monies you pay to us for Travel Arrangements will be held by us on behalf of the Supplier(s)/Principal concerned until we make payment to the Supplier(s)/Principal in accordance with our agreement with the Supplier(s)/Principal. In respect of all other bookings, all monies you pay to us for confirmed Travel Arrangements will be held on our behalf at all times.

5. Accuracy

[5.1.] We endeavour to ensure that all the information and prices both on our Website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances.

[5.2.] You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking.

6. Prices

[6.1.] We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.

[6.2.] Where you have booked a Package Holiday organised by us, additional terms and conditions apply, please see clause 29 for further information.

7. Special Requests

[7.1.] Any special requests must be advised to us at the time of booking e.g. vehicle type, 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.

[7.2.] 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(s)/Principal is not confirmation that the request will be met.

[7.3.] 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.

8. Nature of the Travel Arrangements and Acceptance of Risk

[8.1.] Your booking is accepted on the understanding that you:

– [8.1.1.] are aware that the Travel Arrangements in addition to the usual dangers and risks inherent has certain additional dangers and risks, some of which may include: physical exertion for which you may not be prepared; weather extremes subject to sudden unexpected change; remoteness from normal medical services; evacuation difficulties if you are injured.

– [8.1.2.] acknowledge that the enjoyment and excitement of adventure travel is derived in the part from the inherent risks incurred by riding a motorcycle or driving through the countries listed on the itineraries, which may be less well developed and undertaking activities beyond the levels of safety normal at home or at work, and that these inherent risks contribute to such enjoyment and excitement and are the reason for your participation.

– [8.1.3.] acknowledge that the nature of this type of travel requires a considerable degree of flexibility and you must allow for alternatives, some of which may include: not arriving at the day’s final destination; having to take an alternative road / route; a change in hotel accommodation.

– [8.1.4.] understand that the route, schedules, itineraries, amenities and modes of transport may be subject to alteration without prior notice due to local circumstances or events, such as sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political dispute, entry or order difficulties, climate and or other unpredictable or unforeseeable circumstances.

– [8.1.5.] acknowledge that the countries that we travel in are sometimes underdeveloped, both as far as basic infrastructure are concerned, and in the level of tourist amenities. Nor do they lend themselves to creature comforts. It is important to understand that even the most meticulously planned arrangements can, and do, go wrong. Conditions are such that there may be times of discomfort and delays, which are a way of life. In making a booking with us you implicitly accept the above.

– [8.1.6.] accept that you must be of a competent skill level to complete the Travel Arrangements which you have booked. The level of riding difficulty will be clearly marked in our brochure/Website to allow you to make an informed decision when booking. Nevertheless it is your responsibility to ensure you have sufficient riding skills (and the necessary license and equipment) to comfortably complete the Travel Arrangements you have booked.

– [8.1.7.] accept that you, your baggage and property travel entirely at their own risk, acknowledging that participating in your Travel Arrangements means that certain risks will occur, including but not limited to the hazards of riding your own motorcycle, of travelling through mountain terrain at altitude, the forces of nature and the very limited medical facilities of some regions.

– [8.1.8.] realise that attitudes to safety in some of the destinations we travel to are very different to those in North America and Western Europe. Passenger seat belt regulations or minimum standards of vehicle maintenance or driving standards are not widely enforced. Hard hats, helmets, life jackets may not be provided for activities. You must accept all the consequences of such a different lifestyle, culture and attitudes, which may be adverse to your own well-being

[8.2.] Nothing in these Booking Terms and Conditions does or is intended to exclude our liability for death or personal injury as a result of our negligence.

9. Itineraries

[9.1.] The itineraries and other details are published in good faith. The running times are estimates only and we will not be liable for any loss (howsoever caused) arising from the delay to operate services in accordance with published timings.

[9.2.] If you incur any additional expenses through delays, accidents or disruption in planned itineraries because of force majeure, or are considered advisable by us, then these are your responsibility .

[9.3.] No refund will be made for any unused services which are included in the price of the Travel Arrangements.

10. Your Responsibilities

[10.1.] You must have in your possession during the Travel Arrangements the following documents which must be current and valid and are in respect of you and your vehicle:

– [10.1.1.] Passport, valid for six months after the end date of the trip.

– [10.1.2.] Driving licence of your country of residence.

– [10.1.3.] International Driving Permit

– [10.1.4.] Vehicle registration documents and / or title (where applicable)

– [10.1.5.] Vehicle insurance documents (where applicable)

– [10.1.6.] Carnet de passage (where applicable)

– [10.1.7.] Vaccination certificates (where appropriate)

– [10.1.8.] Personal travel insurance, valid for touring on your motorcycle and appropriate for the capacity of the engine and covering personal accident, medical expenses, repatriation, loss and damage to personal effects.

[10.2.] It is your responsibility to make all necessary arrangements to ensure compliance with visa requirements for each country, and we accept no responsibility whatsoever in the event that these matters are not dealt with prior to departure. If you are forced to curtail your participation due to incorrect, lack of or loss of necessary documents, you will not be refunded.

[10.3.] You accept responsibility for obtaining all necessary travel information and documentation required for the Travel Arrangements. Any information that we provide on such matters as permits, visas, vaccinations, climate, clothing, baggage, special equipment etc, whether done before the start or during the Travel Arrangements, is given in good faith but without any responsibility whatsoever on the part of Yellow Yeti Travel.

[10.4.] Most of the Travel Arrangements we offer are not generally suitable for persons with reduced mobility. It is your responsibility to ensure that you seek professional medical advice before travelling and to take all necessary health precautions and preventive measures. You must inform us of any medical, physical, mental or other condition, which may affect the services provided in the Travel Arrangements, including any condition which may arise en route. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.

[10.5.] In booking Travel Arrangements, you acknowledge that you are responsible for making yourself aware through your country’s Foreign Office, State Department warnings, advisers and other sources available, in regard to the safety of the countries and areas in which you will be travelling and to make your own decisions accordingly.

[10.6.] If you provide your own motorcycle it must be suitable for the itinerary in the booked Travel Arrangements. You are solely responsible for the condition of the motorcycle and that it is safe for use. Your motorcycle must be in good legal condition. In the event of a mechanical failure, all additional costs associated with the repair of the motorcycle are your responsibility .

[10.7.] You are responsible for the provision of your motorcycle rider equipment and kit and the wearing of a helmet is mandatory for all riding when on Travel Arrangements booked with us.

[10.8.] You are responsible for the use of the motorcycle (whether hired from a third party or if you are using your own motorcycle) and how you ride it. Cycles and riding must conform to local laws and regulations. You are also responsible for any pillion passenger being carried. A road traffic accident that occurs causing personal injury or death is not the responsibility of Yellow Yeti Travel or any Supplier(s)/Principal, unless we are shown to have been legally negligent.

[10.9.] You must abide by all local laws and customs of the countries visited, including but not limited to motorcycle clothing and equipment, condition of motorcycle, traffic regulations, your ability to ride the motorcycle and all other laws. In the event that you are stopped or held by the local authorities, the consequence of this remains your responsibility.

[10.10.] You also expressly understand that you are under a duty to mitigate any risks to yourself as far as is practicable, by taking all reasonable steps to ensure your own safety whilst on the Travel Arrangements

11. Health & Government Travel Advisories

[11.1.] It is your sole responsibility to inform yourself of the prevailing travel advisories issued by the government of your country (i.e. Foreign Office (UK) or Department of Foreign Affairs (Australia)) regarding the risks and associated precautions (including health) related to travel to the countries and regions visited in your Travel Arrangements.

[11.2.] Health advice is available from travel health specialists and international bodies such as the World Health Organisation. Yellow Yeti Travel will not be responsible for advising you of such travel advisories or of any changes that occur to such travel advisories prior to departure of your Travel Arrangements.

12. Tour Leader (Guided Tours)

[12.1.] Where your Travel Arrangements include the services of a Tour Leader, the decision of the Tour Leader is final on all matters likely to affect the safety or well-being of any Participant, including the motorcycling competency of any Participant, any change in itinerary due to unforeseen circumstances or the removal of a Participant from the Tour.

[12.2.] If you fail to comply with a decision made by the Tour Leader, or interfere with the well-being of the group, the Tour Leader may order you to leave the Tour immediately, with no right of refund. In such a circumstance, where a Participant is removed from the trip, Yellow Yeti Travel accepts no responsibility for their return home or to the start point, or any other costs incurred therein.

13. Your Behaviour

[13.1.] You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion, that of the Supplier/Principal, any hotel manager, tour leader or any 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 or the Supplier/Principal reserve the right to terminate your Travel Arrangements with us/them immediately.

[13.2.] In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination.

[13.3.] You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused.

[13.4.] Full payment for any such damage or losses must be paid directly to the hotel manager or other Supplier(s) 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.

[13.5.] We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your Travel Arrangements or with us.

14. Insurance

[14.1.] Adequate travel insurance is a condition of your contract with us and with our Supplier(s)/Principal.

[14.2.] You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges; loss of baggage and money; medical expenses and repatriation in the event of accident on your motorcycle or otherwise or illness and existing medical conditions.

[14.3.] Your insurance must also cover you to undertake motorcycling activities specific to the motorcycle, route and destination you have selected and the associated risks.

[14.4.] If you choose to travel without adequate insurance cover, neither we nor the Supplier(s)/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

15.Motorcycles & Motorcycle Repairs

[15.1.] When you have requested Motorcycle Hire without also purchasing accommodation or another travel service so as to make a Package Holiday, we facilitate this service by reserving your chosen make/model through a locally based third party motorcycle rental provider. Whilst we cannot guarantee your requested model, it is rare that models are changed. We act as agents for them and pay them directly for your motorcycle rental on your behalf. You are required to sign a contract with the local motorcycle rental provider, provide them with a damage deposit and meet with their terms and conditions for renting the motorcycle.

[15.2.] Where we have not facilitated your Motorcycle Hire, it is your responsibility to ensure you bring a suitable motorcycle with you for your Travel Arrangements.
You accept that you are responsible for the condition and maintenance of your motorcycle and any other such equipment you use on the Travel Arrangements. Please note that whilst all reasonable efforts will be made by us to ensure the safe keeping of your motorcycle, we cannot be held responsible for any loss or damage to your motorcycle as a result of your participation in the Travel Arrangements or otherwise.

[15.3.] Local dealerships or other motorcycle workshops are also available at certain intervals on the Travel Arrangements but do not form part of the Travel Arrangements or your contract with Yellow Yeti Travel. Your contract for these repairs to your motorcycle is with the local dealership or workshop in question and Yellow Yeti Travel cannot accept responsibility in this respect.

16. Disabilities and Medical Problems

[16.1.] Most of the Travel Arrangements we offer are not generally suitable for persons with reduced mobility.If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Travel Arrangements.

[16.2.] Acting reasonably, if we or the Supplier(s)/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier(s)/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier(s)/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

[16.3.] You must be adequately fit to cover the distances and undertake the program set out in your itinerary.

[16.4.] On Guided Tours, if we feel that you are not sufficiently fit, healthy, properly equipped or able to complete the Travel Arrangements without affecting safety, comfort or happy progress, the Tour Leader at any stage has the right to remove you from the Travel Arrangements.

[16.5.] It is a condition of joining a Guided Tour that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

17. Our Responsibilities

[17.1.] In relation to Agency Bookings, we accept no responsibility for the actual provision of the Travel Arrangements. Your contract is with the Supplier(s)/Principal and its Booking Terms and Conditions apply.

– [17.1.1.] Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith.

– [17.1.2.] However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

– [17.1.3.] We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

[17.2.] Where you have booked a Package Holiday that we have organised we will accept responsibility for that Package Holiday as a package organiser and additional terms and condition apply. Please see clause 33 for further information.

18. Amendments & Cancellations by you

To Agency Bookings

[18.1.] Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it.

[18.2.] Please ensure that you have received written confirmation of any changes to your booking prior to travel.

[18.3.] Whilst we will try to assist, we cannot guarantee that the Supplier(s)/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier(s)/Principal of your Travel Arrangements.

[18.4.] The Supplier(s)/Principal may charge the cancellation or amendment charges shown in their Booking Terms and Conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).

[18.5.] Please note: some Supplier(s)/Principals do not allow changes and therefore full cancellation charges will apply.

To all bookings

[18.6.] If you wish to change your booking in any way, Yellow Yeti Travel will make every reasonable effort to accommodate changes and additional requests.

[18.7.] If you wish to change your booking in any way (other than that covered by clause 32) less than 75 days from the departure date, the cancellation fee detailed below will apply.

[18.8.] For any other changes made to your Travel Arrangements the following amendment fees apply as per the currency of your booking: GBP £25, AUD $50, NZD $50, USD $50, CAD $50 or EUR €30 per person.

The only exception to this is accommodation and other services which may be added up to one calendar month before departure without charge. Within one calendar month, these can be added with payment of the amendment fee as shown above.

[18.9.] If it becomes necessary for you to cancel your Travel Arrangements, you shall notify us immediately in writing via mail or email.

[18.10.] Upon receipt and acknowledgement by us of your written advice, cancellation will take effect.

[18.11.] In the event of cancellation, the following charges will apply:

– [18.11.1.] Cancellations received 75 days or more prior to departure – Loss of deposit

– [18.11.2.] Cancellations received between 35 days and 75 days prior to departure – 50% of the Travel Arrangements price.

– [18.11.3.] Cancellations received less than 35 days prior to departure – 100% of total Travel Arrangements price

[18.12.]Note: Depending on the reason for your cancellation, some of these cancellation charges may be recoverable under your travel insurance policy. No refunds will be made should you choose to leave your Travel Arrangements early or choose not to utilise any of the included services.

19. Changes and Cancellations to Agency Bookings by the Supplier(s)/Principal

[19.1.] We will inform you as soon as reasonably possible if the Supplier(s)/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them.

[19.2.] We will also liaise between you and the Supplier(s)/Principal in relation to any alternative Travel Arrangements offered by the Supplier(s)/Principal but we will have no further liability to you.

20.Changes and Cancellations to all other bookings – By Yellow Yeti Travel

[20.1.] Yellow Yeti Travel reserves the right to amend any Travel Arrangements due to force majeure, changes in local conditions, or any other reason that Yellow Yeti Travel in its absolute discretion may determine.

[20.2.] When we make an insignificant change to your Travel Arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard.

[20.3.] Occasionally we may have to make a significant change to your confirmed Travel Arrangements. ”Examples of “significant changes” include the following, when made before departure:

– [20.3.1.] A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

– [20.3.2.] A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.

– [20.3.3.] A significant change to your itinerary, missing out one or more destination entirely.

[20.4.] Yellow Yeti Travel reserves the right to cancel the Participant(s) booking if there are not sufficient numbers on a Guided Tour to make it commercially viable.

[20.5.] We will not cancel your Travel Arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.

[20.6.] If we to make a significant change or cancel your Travel Arrangements, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

– [20.6.1.] (for significant changes) accepting the changed Travel Arrangements; or

– [20.6.2.] having a refund of all monies paid; or

– [20.6.3.] accepting an offer of alternative Travel Arrangements of comparable or higher standard if available (at no extra cost); or

– [20.6.4.] if available, accepting an offer of alternative Travel Arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative Travel Arrangements.

[20.7.] You must notify us of your choice within seven days of our offer. If you fail to respond within seven days of our chaser, we will assume that you have chosen to accept the change or alternative Travel Arrangements.

[20.8.] If the Travel Arrangements are cancelled, Yellow Yeti Travel will not be liable for additional costs or losses incurred by you due to the cancellation of the Travel Arrangements. This includes, but is not limited to, the cost of prepaid airline tickets, hotel reservations or vehicle rental costs. You should not book such arrangements until they receive written notification from us that the Travel Arrangements will proceed as planned.

[20.9.] In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

– [20.9.1.] If, where the Supplier(s)/Principal makes a significant change, you do not accept the changed Travel Arrangements and cancel your booking;

– [20.9.2.] If the Supplier(s)/Principal cancels your booking and no alternative Travel Arrangements are available.

[20.10.] The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

[20.11.] Period before departure in which we notify you, and the amount you will receive from us per person:*

– [20.11.1.] 30 days or more: £0.00

– [20.11.2.] 29 – 15 days: £10.00

– [20.11.3.] Less than 14 days: £20.00

[20.12.] IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

– [20.12.1.] where we make an insignificant change;

– [20.12.2.] where we make a significant change or cancels your Travel Arrangements more than 30 days before departure/start date;

– [20.12.3.] where we make a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements;

– [20.12.4.] where we have to cancel your Travel Arrangements as a result of your failure to make full payment on time;

– [20.12.5.] where the change or cancellation by the us arises out of alterations to the confirmed booking requested by you;

– [20.12.6.] where we are forced to cancel or change your Travel Arrangements due to Force Majeure (see clause 23).

[20.13. If we are unable to provide a significant proportion of the Travel Arrangements that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction.

21. Photographs and recordings

[21.1.] During your Travel Arrangements, employees, agents and/or other travellers of Yellow Yeti Travel may from time to time take photographs or make recordings of you and activities that may identify you. Please see our [Privacy Policy] for more information.

[21.2.] Yellow Yeti Travel reserves the right to use any and all photographs and/or recordings made on Travel Arrangements for promotional reasons in printed materials, on the Internet or other media. In using such images, Yellow Yeti Travel undertakes not to reveal your name, contact details or other personal information.

[21.3.] You consent to the use of such images or recordings by Yellow Yeti Travel and you acknowledge that you will not be entitled to payment or other compensation for the giving of consent or for the use of such images or recordings.

[21.4.] Yellow Yeti Travel may keep such images or recordings of you on record. If you do not wish for images or recordings of you to be collected, stored or used you must advise Yellow Yeti Travel to that effect at the time of booking.

22. Flight Delays

[22.1.] If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over three hours for any reason, you must contact the airline or other transport Supplier(s) concerned directly and immediately.

[22.2.] As we do not offer flights or other transport as part of our Travel Arrangements, we have no liability whatsoever to you in respect of any such delays or cancellations. Any airline or other transport Supplier(s) may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.

23. Force Majeure

[23.1.] Except where otherwise expressly stated in these Booking Terms and 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 Travel Arrangements in question could not, even with all due care, foresee or avoid.

[23.2.] 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.

[23.3.] Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure as may any consequences of the UK’s decision to leave the European Union, or any consequences of it so leaving.

[23.4.] Where you have booked a Package Holiday organised by us, additional terms and conditions apply to your booking, please see clause 32 and 33 for further details.

24. Complaints

[24.1.] If you have a complaint about the Travel Arrangements, in the first instance you must inform the Supplier(s)/Principal so that remedial action can be taken if possible. If you fail to follow this procedure there will be less opportunity for the Supplier(s)/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

[24.2.] Thereafter, you must make the complaint in writing within the first 30 days of the Travel Arrangements finish date, sending it to: Yellow Yeti Digital Ltd, Flat 19 Burnham Estate, London E2 0JE in the mail or via email to [email protected].

[24.3.] Failure to follow the procedure set out in this clause may affect ours and the applicable Supplier’s ability to investigate your complaint, and will affect your rights under this contract.

[24.4.] You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

25. Deemed consent

[25.1.] By commencing your Travel Arrangements, you are deemed to have agreed and consented to all terms in these Booking Terms and Conditions and in any other documents provided to you by Yellow Yeti Travel or any other person who may have booked the Travel Arrangements on your behalf.

[25.2.] If you book on behalf of another party, you represent and warrant to Yellow Yeti Travel that you are duly authorised to provide the agreement and consent the other party and you agree to indemnify Yellow Yeti Travel for any breach of warranty in this regard.

26. Limitation of Liability

[26.1.] Our obligations, and those of our Supplier(s)/Principals providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities.

[26.2.] You must show that reasonable skill and care has not been used if you wish to make any claim.

[26.3.] Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK, North America or Australia. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply.

[26.4.] You understand that we will not be liable where any failure in the performance of the contract is due to:

– [26.4.1.] you;

– [26.4.2.] a third party unconnected with the provision of the Travel Arrangements and where the failure is unforeseeable or unavoidable;

– [26.4.3.] 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

– [26.4.4.] an event which we or our Supplier(s)/Principals, even with all due care, could not foresee or forestall.

[26.5.] Our liability, except in cases involving death, injury or illness arising from our negligence, shall be limited to a maximum of three times the cost of your Travel Arrangements.

[26.6.] You acknowledge and agree that:

– [26.6.1.] Yellow Yeti Travel will not be liable for any breach of any law by any person with whom you travel on the Travel Arrangements; and

– [26.6.2.] you may not rely on any representations concerning the Travel Arrangements made by Yellow Yeti Travel which are not contained in these conditions.

[26.7.] Where you have booked a Package Holiday organised by us, additional terms and conditions apply to your booking, please see clause 33 and 34 for further details.

27. Release and discharge from all claims

[27.1.] To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the Travel Arrangements, you release, waive and discharge all Yellow Yeti Travel representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the Travel Arrangements unless caused by the reckless conduct of Yellow Yeti Travel representatives, or in connection with any optional activities which you may undertake during the course of your Travel Arrangements but which do not comprise part of your Travel Arrangements and you accept that any assistance given to you by Yellow Yeti Travel representatives in arranging such optional activities will not render the Yellow Yeti Travel representatives liable to you in any way.

28. General

[28.1]Waiver: A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

[28.2.] Severance of conditions: If any part of any condition is illegal, unenforceable or invalid, it is to be treated as removed from these conditions, however, the remainder of these conditions are not altered.

[28.3.] Privacy: You permit Yellow Yeti Travel to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to Yellow Yeti Travel representatives in order to ensure your safety and well being but will not be used by them for any other purpose. Please see our [Privacy Policy] for more information.

[28.4.] Variation: Variation of the terms of this contract is only valid if done so in writing and signed by both you and an authorised representative of Yellow Yeti Travel.

[28.5.] Law and Jurisdiction: These Booking Terms and Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.

SECTION B: PACKAGE HOLIDAY BOOKINGS

This section only applies to Package Holidays that we have organised (please see clause 2 for further information) and should be read in conjunction with Section A of these Booking Terms and Conditions. It does not apply to Package Holidays that we have booked with a travel company established in the EEA for whom we act as booking agent. See the booking conditions of the Supplier/Principal concerned for details of their responsibilities for your Package.

29. Pricing & Surcharges

[29.1.] The price of your Travel Arrangements has been calculated using exchange rates quoted on https://openexchangerates.org in relation to the currencies available on the Website.

[29.2.] Until 30 days before the start of the package, the price of your confirmed holiday is subject to variations in:

– [29.2.1.] transportation costs, including the cost of fuel; or

– [29.2.2.] dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or

– [29.2.3.] the exchange rates used to calculate your Travel Arrangements;

[29.3.] 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 and/or additional services.

[29.4.] If this means that you have to pay an increase of more than 8% of the price of your confirmed Travel Arrangements (excluding any insurance premiums, amendment charges and/or additional services), you will have the option of accepting a change your Travel Arrangements, if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services.

[29.5.] Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed Travel Arrangements within 30 days of your departure nor will refunds be paid during this period.

Should the price of your Travel Arrangements go down due to the changes mentioned above, by more than 2% of your confirmed Travel Arrangements 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.

30. Inclusions

[30.1.] Only the items specifically listed in the “What’s Included” on the Yellow Yeti Travel Website are included in the price. Therefore, for clarity, the following items are not part of the price and are an additional cost to the Participant(s), and do not form part of your contracted Travel Arrangements with Yellow Yeti Travel:

– [30.1.1.] Return passenger airline flights to get to the start and from the finish point for Travel Arrangements or any internal flights required during the Travel Arrangements.

– [30.1.2.] Travel costs to and from the airport in the country of your residence.

– [30.1.3.] Personal travel, accident and medical insurance. Third party motorcycle insurance when riding your own motorcycle.

– [30.1.4.] Entrance fees to sights and parks (except where stated), personal spending money, meals (except where stated), drinks, alcohol, tips, optional excursions or other extras.

– [30.1.5.] Personal documentation (eg visas, passport), vaccinations, personal taxes, border crossing fees.

– [30.1.6.] Motorcycle fuel, toll road fees, traffic fines and penalties issued by authorities.

– [30.1.7.] Any other item not specifically included in the price.

31. Transferring Your Package Holiday Booking

[31.1.] If any member of your party is prevented from travelling on their Package Holiday, that person(s) may transfer their place to someone else, subject to the following conditions:

– [31.1.1.] that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Package Holiday;

– [31.1.2.] we are notified not less than seven days before departure;

– [31.1.3.] you pay any outstanding balance payment, as any additional fees, charges or other costs arising from the transfer; and

– [31.1.4.] the transferee agrees to these Booking Terms and Conditions, the Supplier(s)/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Package Holiday.

– [31.1.5.] You and the transferee remain jointly and severally liable for payment of all sums.

[31.2.] If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 18. Otherwise, no refunds will be given for passengers not travelling or for unused services.

32. Cancelling your Package in the event of Unavoidable and Extraordinary Circumstances

[32.1.] If your Travel Arrangements make up a Package Holiday, you have the right to cancel your confirmed Package Holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package Holiday or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

[32.2.] Please note that your right to cancel in these circumstances will only apply where the UK Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.

[32.3.] For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the 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.

33. Our Responsibilities in Respect of Package Holidays

[33.1.] Where you have booked a Package Holiday that we have organised , we will accept responsibility for the Travel Arrangements making up your Package Holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below.

– [33.1.1.] As such, we are responsible for the proper provision of all the Travel Arrangements included in your Package Holiday, as set out on your confirmation invoice.

– [33.1.2.] Subject to these Booking Terms and Conditions, if we or the Supplier(s)/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package Holiday you may be entitled to an appropriate price reduction or compensation or both. 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 Booking Terms and Conditions and the extent to which ours or our employees’ or the Supplier(s)/Principal’s negligence affected the overall enjoyment of your Package Holiday.

– [33.1.3.] Please note that it is your responsibility to show that we or the Supplier(s)/Principals have been negligent if you wish to make a claim against us.

[33.2.] 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:

– [33.2.1.] the act(s) and/or omission(s) of the person(s) affected;

– [33.2.2.] 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;

– [33.2.3.] unusual or unforeseeable circumstances beyond ours or our Supplier(s)’/Principal’s control, the consequences of which could not have been avoided even if all due care had been exercised; or

– [33.2.4.] an event which either ourselves or Supplier(s)/Principal could not, even with all due care, have foreseen or forestalled.

[33.3.] We limit the amount of compensation we may have to pay you if we are found liable under this clause:

– [33.3.1.] 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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

– [33.3.2.] Claims not falling under 33.3.1 above and which do not 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.

– [33.3.3.] Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

* [33.3.3.1.] The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

* [33.3.3.2.] In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

* [33.3.3.3.] When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

[33.4.] It is a condition of our acceptance of liability under this clause that you notify any claim to us and our Supplier(s)/Principals) strictly in accordance with the complaints procedure set out in these conditions.

[33.5.] 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.

[33.6.] Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

[33.7.] We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our Website. For example any excursion you book whilst away, or any service or facility which your hotel or any other Supplier(s)/Principal agrees to provide for you.

[33.8.] Where it is impossible for you to return to your departure point as per the agreed return date of your Package Holiday, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package Holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the 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 back to your departure point.

34. Your Financial Protection

[34.1.] We provide financial security for Package Holidays not including flights.

35. Prompt Assistance for Package Holidays

[35.1.] If you have booked a Package Holiday and whilst you are on your Travel Arrangements, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances.

[35.2.] In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative Travel Arrangements.

[35.3.] Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Supplier(s)/Principal, airline or other transport Supplier(s) may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.

[35.4.] Subject to the other terms of these Booking Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own Travel Arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.