MOUNT NOIRE
Booking Terms &Conditions
These Booking Conditions apply to online bookings you make on our website [http://www.mountnoire.com/]
Please take the time to read and understand the booking conditions below before booking.
With the outbreak of COVID-19 our priority is ensuring that all guests on our trip our safe and protected both in terms of health and finances. We have outlined our COVID-19 specific FAQs here.
1. OUR CONTRACT
All bookings are made with Mount Noire (us/we), trading as Mount Noire LTD. By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
A contract on the terms set out in these Booking Conditions will exist as soon as we issue a
confirmation invoice after receipt of your deposit OR the full payment of your trip balance(-).
2. DEPOSIT REQUIREMENT
You are required to pay a non-refundable deposit of minimum £200 per person per trip for your booking to be confirmed. If your booking is made within 80 days (2 months) of the departure date then the full amount is payable at the time of booking.
Please note that different deposits amounts are required for selected bookings based on initial payment date.
3. ACCEPTANCE OF BOOKING AND FINAL PAYMENTS
If we accept your booking we will issue a confirmation invoice. A contract will exist between us from the date we issue the confirmation invoice or if you book within 30 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due at least 80 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
4. PRICES & SURCHARGES
Our trip prices are subject to availability and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. If you are paying in a currency other than GBP, prices are based on currency exchange rates. note that prices may vary depending on which currency the booking is made. Please note that a surcharge may be applied to all purchases made by credit card.
5. YOUR DETAILS
In order for us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
6. CANCELLATION BY THE TRAVELLER
If you cancel some or all portions of your booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation.
The cancellation fees will be an amount determined in accordance with the bullet points below, except where otherwise indicated.
If the reason for your cancellation is covered under the terms of your travel insurance policy,
you may be able to reclaim these charges from your travel insurer.
Refunds will only be made available to the person named on the booking payment receipt.
Unless otherwise indicated, the following cancellation fees apply to package bookings
If cancelled more than 16 weeks prior to the trip departure your cancellation fee will be the value of your deposit paid.
If cancelled between more than 12 weeks but less than 16 weeks prior to the trip departure your cancellation fee will be the value of your deposit + 50% of the remaining trip cost.
If cancelled less than 12 weeks prior to the trip departure date your cancellation fee will be the value of your deposit + the full cost of the trip.
If cancelled less than 12 weeks prior to the trip departure date and your spot successfully filled by another client, we will make a full refund excluding the deposit.
Written notification from the lead-named traveller must be received in writing at info@mountnoire.com
7. CANCELLATION BY US
Our trips are guaranteed to depart once the minimum group size is met unless it specifically states otherwise. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
We are not responsible for any expenses incurred in preparation for travel or the trip experience.
8. BOOKING AMENDMENTS
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least prior to the proposed departure date. A fee of €150 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 112 days (4 months ) prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period. Amendments to any other arrangements made in conjunction with your trip may incur a £100 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 14 days of departure.
9. INCLUSIONS
The price of your trip includes:
all accommodation as listed Trip Information
all transport listed in the Trip Information
Meals as listed in the Trip Information
the services of a group leader as described in the Trip Information
Where any of these services can not be provided as initially listed, best endeavours will be made to provide a service equivalent or better than that which is listed. Alternatively, where no such service is available arrangements will be made to compensate for this.
10. EXCLUSIONS
The land price of your trip does not include:
International or internal flights unless specified
Kitty as specified on the website
Taxes and excess baggage charges unless specified
Meals other than those specified on the website
Visa and passport fees
Travel insurance
Optional activities and all personal expenses
11. AGE & HEALTH REQUIREMENTS
Minimum Age: For the majority of our trips the minimum age is 18 at the time of travel.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
12. GROUP TRIP SIZES
The size of our trips vary dependent on demand and also availability. If you would like to know how many people are booked on your trip please ask prior to making your booking.
13. PASSPORT AND VISAS
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Essential Trip Information for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
14. TRAVEL INSURANCE
Travel insurance is mandatory for all our travelers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of GBP £100,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
15. FLEXIBILITY
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
16. CHANGE OF ITINERARY
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
17. AUTHORITY ON TOUR
Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must always comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
18. ACCEPTANCE OF RISK
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
19. LIMITATION OF LIABILITY
This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage:
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages, up to 100,000 SDRs (approximately £80,000 / €120,000), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000 /€19,300).
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000).
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/€1,200).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
20. OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
21. CLAIMS & COMPLAINTS
If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure.
22. SEVERABILITY
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
23. PHOTOS AND MARKETING
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
24. PRIVACY POLICY
Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our privacy policy, to which the provisions of the European Union’s General Data Protection Regulations apply. For more details of how we manage and protect data, including the rights of our travellers, please contact us directly via info@mountnoire.com
25. FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any ATOL protected air package or flight that you buy from us by way of our Air Travel Organiser’s Licence number 6352 administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
We are a Member of ABTA, membership number Y0766. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.”
26. APPLICABLE LAW
The laws of the United Kingdom govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern
Ireland if you wish to do so.
27. REGISTERED ADDRESS
A contract on the terms set out in these Booking Conditions will exist as soon as we issue a confirmation invoice after receipt of your deposit(1) OR the full payment of your trip balance(2).
References to “us”, “we” or “our” mean MOUNT NOIRE Limited, company number 12527973 (trading as “Mount Noire LDN”).
UNDERSTANDING YOUR CONTRACT
Please read these Booking Conditions carefully. You must not make any booking unless you understand and agree with these Booking Conditions.
PRICES, PAYMENTS AND CANCELLATIONS
All prices are subject to availability and can be withdrawn or varied without notice. Prices are per person and inclusive of tax unless otherwise indicated.
Accommodation is based on twin share unless otherwise indicated. Prices are not guaranteed until full payment is made. To confirm your travel arrangements you may be required to pay a deposit per person. All deposits are non-refundable and non-transferable for changes of mind or cancellations by you.
For bookings made less than 30 days prior to departure, full payment is required at the time of purchase; no deposit or payment plans will be offered.
Payment by debit and credit card
We accept most major debit and credit cards. You authorise us to charge all amounts payable by you in relation to the services provided to the card designated by you. If payment is not received from the issuer for any reason, you agree to pay us all amounts due immediately on demand.
Payment by direct debit
When you choose to pay for your trip balance in instalments, we will set up a direct debit on the account details you provide us at the time of your deposit payment. If any payment of your instalments is not received from the issuer for any reason, you agree to pay us all amounts due immediately on demand.
Instalment payments are available up to 8 weeks before a trip’s departure. All bookings made within 8 weeks of a trip’s departure will have to be paid in full upon booking.
Foreign currencies
We accept payments in all currencies. Please note that foreign currencies may incur additional charges from your bank or financial institution.
If you cancel your booking
You may cancel your travel arrangements at any time before the trip departure. However please note you may lose part or all of your money paid.
The cancellation fees will be an amount determined in accordance with the table below, except where otherwise indicated.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim these charges from your travel insurer.
Refunds will only be made available to the person named on the booking payment receipt. Unless otherwise indicated, the following cancellation fees apply to package bookings:
If cancelled more than 16 weeks prior to the trip departure your cancellation fee will be the value of your deposit paid.
If cancelled between more than 12 weeks but less than 16 weeks prior to the trip departure your cancellation fee will be the value of your deposit + 50% of the remaining trip cost.
If cancelled less than 12 weeks prior to the trip departure date your cancellation fee will be the value of your deposit + the full cost of the trip.
If cancelled less than 12 weeks prior to the trip departure date and your spot is successfully filled by another client, we will make a full refund excluding the deposit.
Written notification from the lead-named traveller must be received in writing at mountnoire@gmail.com
You may be able to reclaim cancellation charges under the terms of your insurance policy. Claims must be made directly with your insurance company. Once the trip has begun, no refunds can be made. All prices are based on group bookings, therefore, no refunds will be made on any parts of the itinerary in which you do not wish to participate.
ITINERARY CHANGES AND CANCELLATION
The arrangements advertised by us are given in good faith. As arrangements are planned so far in advance, it may occasionally be necessary for us to make changes and we reserve the right to do so at any time.
Any decision to change or cancel the tour may be due to weather conditions, political conditions and other factors beyond our control.
Any decision made to change or cancel the tour will be made in the best interest of all participants with regards to the safety of the group.
If a trip must be delayed, or the itinerary changed due to unforeseeable circumstances such as weather, transportation delays, political turmoil, health pandemics, the cost of delays or changes is not included.
In the extreme and unlikely event that the trip has to be cancelled by us, we will refund the full paid amount (potentially excluding deposit) promptly. Deposits will be refunded on a case by case basis and will depend on the cause of cancellation. Where the reason for cancellation is due to global issues and we are able to claim deposits back from our suppliers, this will also be refunded to you.
We will not, however, be responsible for any expenses incurred in preparation for travel or the trip experience.
TRAVEL INSURANCE
For all travel with us you must have appropriate travel insurance that covers trip cancellation and interruptions. Your insurance must also include medical cover and personal accidents.
You must ensure that your personal travel insurance provides protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment with adequate and appropriate cover for the activities you intend to embark on as well as medical emergency helicopter repatriation.
You should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your trip.
You must ensure that all travel insurance purchased meets your particular personal requirements and you should arrange supplementary insurance if necessary.
It is your responsibility to ensure you have valid travel insurance that covers and is
appropriate for your needs. We will not be liable for any loss you incur if and insofar as you are able to claim for damages under a travel insurance policy.
You are required to carry proof of insurance with you and produce it if reasonably requested by us or our suppliers. Failure to do so may result in your being prevented from participating in certain activities without the right to any refund.
PASSPORT & VISAS
All travellers must have a valid passport for any international travel and many countries require at least six months’ validity from the date of return.
Some countries also require a machine-readable passport and/or unstamped available pages. When you book a trip with us, we will assume that all travellers on the booking have a valid passport. If this is not the case, you must let us know.
It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities (including, in certain cases, visas for transit points).
Any fines, penalties, payments, delays or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.
We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
SPECIAL REQUIREMENTS AND MEDICAL PROBLEMS
If you have any special request, you must advise us at the time of booking and clearly note it on your booking form.
Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be complied with unless we have confirmed this in writing.
Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met unless and until specifically confirmed.
All special requests are subject to availability. If you or any member of your party have any medical problem or disability, which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.
In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
PRIVACY NOTICE AND OVERSEAS TRANSFERS
We are committed to protecting your personal information and will process your personal information in accordance with our Privacy Policy, see 26.
By providing personal information to us, you agree that our Privacy Notice will apply to how we handle your personal information and you consent to us collecting, using, disclosing and otherwise processing your personal information as detailed in our Privacy Notice.
In particular, you agree that in certain circumstances (such as where to fulfill the services on your trip), we are permitted to disclose your personal information to overseas recipients.
Generally, we will only disclose your personal information to these overseas recipients in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf.
Where we disclose your personal information to a third party overseas recipient, you agree that the recipient may be located in a country with laws that do not protect personal information as stringent as those of the UK.
You acknowledge that we deal with thousands of travel service providers around the world (some of which are very small operations or are located in countries with laws, and/or in regions with technology, which may not be advanced as those existing in the UK). Therefore, where your requested travel arrangements require that your personal information be sent to an overseas recipient (other than any of our overseas related entities), you agree that this is at your risk and we will not be liable or accountable for how those recipients handle your personal information.
GOVERNING LAW AND SEVERANCE
If any dispute arises between you and us, the laws of England and the jurisdiction of the English Courts will apply. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
THIRD PARTY RIGHTS
No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of the terms of this agreement, including under the Contracts (Rights of Third Parties) Act 1999.