TERMS & CONDITIONS: EXPERIENCES, ACTIVITIES & VACATION RENTALS

Document Version: AG/ETC/001

 

MEPM is a trading name of Zalkani Enterprises Ltd. The Zalkani Booking Conditions set out our obligations to you and your commitments to us when you book an experience, activity or vacation rental with us and together with the information contained in our Essential Information Section forms the basis of our contract with you. Where in these Booking Conditions we refer to “we”, “us” and “our”, this means Zalkani Enterprises Ltd trading as MEPM. References to “you” and “your” means all persons (or any of them) named on the booking (including anyone who is added or substituted at a later stage. “Travel Agent” means a travel agent authorised by us.

Except where otherwise expressly stated in these Booking Conditions, these Booking Conditions only apply to experience arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “experiences”, “activities”, “vacation rentals” “booking”, “Contract”, “package” or “arrangements” mean the provision of either an Experiences, Activity or Vacation Rental or any combination thereof.

 

OUR COMMITMENT TO YOU

 

1. YOUR RESERVATION

 

Once you have booked and paid your deposit or full payment as applicable, we will reserve your Experience on the basis of these Terms & Conditions. Your Booking will be taken as confirmation that you have the authority to book as the lead name on behalf of all persons named on your booking and a binding contract between us will come into existence when we send our Confirmation / Invoice to you or your Travel Agent.

 

These Booking Terms & Conditions and the Experience FAQs form the basis of your contract with us. You should read and ensure that you understand them (raising any queries you may have with us) before asking you to confirm your booking.

 

Please check that each name is exactly as stated in the relevant passport. Please also check that all information which appears on the Confirmation / Invoice or elsewhere appears to be correct and complete. If any information which appears on the Confirmation / Invoice or elsewhere appears to be incorrect or incomplete, please contact us immediately and we will do our best to rectify any inaccuracies. However, any delay in informing us of inaccuracies may mean that they cannot be rectified. You will be responsible for any costs or expenses to make changes or adjustments except where the error has been made by us. We can only accept a booking if the lead name is a minimum of 18 years old on or before the date of departure; if under 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.

 

2. PRICE POLICY

 

The prices shown on the website are believed to be correct at the time of publication. We reserve the right to change prices from time to time. Accordingly, it is possible that when you book your experience, the actual price may have gone up or down from the advertised price. If the price of your experience has changed, the correct price will be confirmed before you book. We reserve the right to correct errors at any time prior to the price being confirmed at the time of booking.

 

Once you have made your booking and made the deposit or full payment and the price of your chosen experience has been confirmed in a Confirmation /Invoice, we will only increase or decrease if changes in prices resulting from exchange rate differences exceed 2% of the total value of the experience. In case such increase is in excess of 10% of the total value of the experience, you shall be entitled to cancel the booking and receive a full refund of all monies paid except for any charges as applicable. Should the price of your holiday go down by more than 2% then any refund value will be paid to you.

 

Please note that in rare cases errors may occur when inputting prices into our reservations system or website. We regret that any contract entered into on the basis of an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to pay the corrected price or cancel with a full refund.

 

3. CHANGES TO YOUR ARRANGEMENTS BY US

 

Although it is unlikely, we may occasionally have to change your arrangements where they are made well in advance, and we reserve the right to do so. For instance, your accommodation may become unavailable. However, we promise that we will not make any significant changes (as described below) to your confirmed arrangements less than 14 days before departure unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. A significant change is a change made before departure, which we could reasonably expect to have a significant effect on your confirmed holiday. The following changes are examples of significant changes.

 

• A reduction in the number of nights of your holiday.
• A change in your resort area or your accommodation or vacation rental to a lower accommodation category for more than 70% of your stay
• A change of your date of arrival or departure relating to your accommodation or vacation rental

 

If we have to make any significant changes we will tell you or your Travel Agent as soon as reasonably possible if there is time to do so before departure. You can then choose to A) accept the change arrangements or take any reasonable offered alternative experience (if this is less expensive than your original experience we will refund the difference) B) cancel your experience. If you wish to cancel your experience or accept the alternative offered as a result of a significant change, you must tell us within the deadline provided when we notify you of the significant change or within 7 days if no deadline is mentioned. If you do not do so, we are entitled to assume that you wish to accept the changed arrangements.

 

If you choose to accept the new arrangements or purchase another experience from us, we will as applicable reduce the price of your experience by the compensation set out in the below table (note only one payment or reduction per person to be made). If you choose to cancel your experience, we will refund any money you have paid to us and compensation according to the below table.

 

No of days before departure you are notified	Minimum Compensation Per Person
More than 60 days	Nil
30 – 59 days	£10
15 - 29 days	£20
8 – 14 days	£30
7 days or less	£40

 

No compensation will be paid and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a significant change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Please note, no compensation is payable for minor changes. A minor change is any change which we could not reasonably expect to have a significant effect on your confirmed experience. Minor changes do not entitle you to cancel or change to another experience without paying our normal charges.

 

4. CANCELLATION OF YOUR EXPERIENCE BY US

 

We may occasionally have to cancel your experience arrangements, which we reserve the right to do. However, we promise we will not cancel your experience after the balance of payment is due unless you have failed to comply with any requirement of these Booking Conditions entitling us to cancel, such as paying on time or where we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. If we have to cancel we will tell you as soon as possible. Except where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel we will offer you the choice of

 

1. Taking a reasonable alternative experience, we offer you or any other available experience from us at the applicable price and we will refund or you will be required to pay the difference in price with your original experience.
2. Receiving a prompt refund of all monies paid to us

 

If you wish to purchase or accept the alternative offered as a result of a cancellation, you must tell us within the deadline provided when we notify you of the notification of the cancellation or within 7 days if no deadline is mentioned. If you do not do so, we are entitled to assume that you wish to receive the refund and shall process the same. If you select an alternative experience, we shall refund the amount you have paid and reduce the amount of your new experience by the compensation set out above. If you choose to cancel your holiday prior to the payment, we shall refund any money except as set out as non-refundable in the experience terms and conditions on a case by case basis.

 

Where the experience is cancelled due to unusual or unforeseeable circumstances beyond our control and the consequences of which we could not have avoided even with all due care, we will try to offer you a reasonable alternative or a refund where a reasonable alternative is not available. No compensation will be payable in those circumstances.

 

5. STANDARDS & ASSUMPTION OF LIABILITY

 

We promise to ensure that all parts of the experience arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided by our suppliers with reasonable skill and care. This means that subject to these Booking Conditions we will accept responsibility if, for example, you suffer death or personal injury, or your contracted experience arrangements are not provided as promised or prove deficient as a result of any failure by ourselves or our employees, agents, suppliers or subcontractors (as applicable) to use reasonable skill and care in accordance with local standards in making, performing or providing, as applicable, your contracted experience arrangements. Please note it is your responsibility to show that the required reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents, suppliers and sub-contractors do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents, suppliers and subcontractors).

 

Please note that in relation to villa and accommodation bookings, our liability extends only to using reasonable skill and care in the selection of our relevant suppliers. We have no liability to you for the actual provision of the accommodation or other services, including anything that happens in the accommodation or any acts or omissions of the supplier or any third party.

 

We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

 

• The act(s) and / or omission(s) of the person(s) affected / you or another member of your party; or
• The act(s) and / or omission(s) of a third party not connected with the provision of your experience and which were unforeseeable or unavoidable; or
• Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
• An event which we or the supplier of services, even with all due care, could not foresee or forestall.

 

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract is prevented or affected by or you otherwise suffer any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

 

Where otherwise expressly stated in these Booking Conditions where any successful claim or part of a claim (including those involving death or personal injury) concerns or is based on any stay at any accommodation, the maximum amount of compensation paid to you will be limited. The maximum we will pay you for that claim or that part of a claim if we are found liable to you on ay basis is the maximum that would be payable under the applicable International Convention or Regulation which applies to the travel arrangements in question and you must further five credit for any payments due or received from any accommodation or activity supplier which relate to the claim in question.

 

For any claim that does not involve death of personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay to you is three times the price paid by or on behalf of the person(s) affected in total for their holiday unless a lower limitation applies to your claim under International Convention or Regulation. The actual amount payable will vary according to the nature and seriousness of the claim.

 

You must notify us of any complaint or claim in accordance with Clause 6. For all claims, any person(s) to whom we make any payment must also assign to us or our insurers with all assistance we or our insurers may reasonably require.

 

Please note, we cannot accept any liability for any damage, loss, costs, expenses or other sums of any description which on the basis of the information given to us by you concerning your booking prior to accepting it, we or our suppliers could not have foreseen you would suffer or incur if we breached our contract with you or any loss relating to any employment and / or business transaction. Please also note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation supplier or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them. This also includes any excursion or activity you book or purchase in resort – please see also “Excursions and Activities” below.

 

If you have had the misfortune to suffer illness, personal injury or death through misadventure during your experience arising out of an activity which does not form part of your contracted experience arrangements with us we will, in our reasonable discretion, offer to help where possible and appropriate by, for example

 

• Providing general assistance
• All assistance (financial or otherwise ) is subject to a maximum total cost to us of GBP 1,000

 

Excursions & Activities

 

We may provide you with information about activities and excursions which are available in the area you are visiting but which you cannot book with us and which are therefore not purchased as a component part of your packaged experience.

 

We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators / other third parties representatives make or take any booking for or from you in respect of any activity or excursion. This is the case regardless of whether the activity or excursion is mentioned on our website, in resort or elsewhere. Your contract for any such activity or excursion will be with the organiser or operator of that activity or excursion and subject to their terms and conditions and to local law and jurisdiction.

 

Except as set out below, we cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in Clause 5 of our Booking Conditions or our Booking Conditions generally will not apply to them. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the organiser or operator or for any of its their employees or agents or any other person(s) connected with the activity or excursion. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned.

 

We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resort / area you are visiting generally, or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to the resort / area information and / or such excursions and activities which can reasonably be expected to affect your decision to book an experience with us, we will try to pass on this information at the time of booking.

 

Please note: we only act as booking agent where our local representatives have been formally authorised by us to sell or book the accommodation, activity or excursion in question. Our local representatives are instructed not to sell or book any activity, excursion or other service which they have not been formally authorised to sell or book. We do not act as booking agent and have no other connection with or responsibility or liability for any activity or excursion where this is not the case. Any advice or assistance on or with any activity or excursion provided by any local representative does not mean or imply that the activity or excursion is sold by the local representative or ourselves or that any such advice or assistance is given on our behalf.

 

If we become aware of any material alterations to the resort / area information which can reasonably be expected to affect your decision to book an experience with us, we will pass on this information at the time of booking.

 

6. Complaints Procedure

 

Please also see clause 15 below which sets out the steps you must take in the event of your having reason to complain or make a claim.

 

We agree that any dispute, claim or other matter of any description which arises out of or in connection with your contract or experience must be brought in the courts of British Virgin Islands and the provisions of BVI law shall apply. If this provision is not acceptable to you, you must tell us before booking your experience.

 

7. Website & Other Information

 

All information contained on our website or which is otherwise produced or published by us is based on information available at the time of publication. We reserve the right to change any website prices or other information before your booking is confirmed and the amended information will then form part of your contract with us. If any part of these Booking Conditions is found to be unfair on unreasonable, the remaining terms will still be valid. Whilst every effort is made to ensure the accuracy of any marketing material, our prices and other information at the time of publication, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking. You must ensure you check all details of your chosen experience (including the price) with us at the time of booking.

 

YOUR COMMITMENT TO US

 

8. DEPOSITS & SPECIAL REQUESTS

 

If booking 4 weeks or more before departure you must pay a deposit of £50 Per person which shall be non-refundable. If booking within 4 weeks of your departure, you must pay the full cost of your holiday when you book. No deposit is payable for children under 4.

 

If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your Travel Agent or us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your holiday, it must be specifically agreed in writing with us before you book your holiday. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation / Invoice or on the acknowledgement of your booking 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 any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.

 

9. PAYING FOR THE BALANCE OF YOUR HOLIDAY

 

Our Confirmation / Invoice will show the total price you must pay for your holiday. If any additional charge for any additional services becomes payable which is not included in our promise not to surcharge e.g. costs relating to special requests made by you, a revised Confirmation / Invoice will be sent to you showing that charge. We must receive the full cost of your holiday (less any deposits which you have already paid) no later than 4 weeks* before departure or within seven days of the Confirmation / Invoice date, whichever is later, not excepting that full payment must be received prior to the first day of the experience. If you book through a Travel Agent, you should make sure that you pay the Travel Agent in enough time to allow the money to reach us by this deadline. If you decide to select the option to pay in full at the time of booking, you may do so, but this will not change any of the conditions which form part of this contract.

 

If for any reason the full costs of your experience is not received by us or your Travel Agent on time, we or your Travel Agent will write and tell you that the payment is overdue. If it is still not received by us or your Travel Agent within seven days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you and keep your deposit or, in the case of bookings made under the ‘low deposit’ offer, you will also be liable for the balance of the deposit.

 

If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Clause ? in the event of subsequent cancellation, depending on the date we reasonably treat your booking as cancelled.

 

*The ‘balance due date’ is subject to change and may vary, but it will be confirmed to you at the time of booking.

 

10. IF YOU CHANGE YOUR BOOKING

 

Should you wish to make a change to your existing experience booking we will do our utmost to make this change but it may not always be possible. We will charge an amendment fee of a minimum of £35 per person for any such change we can and do make, and you will also be charged for any and all further costs we incur in making this change. Such changes include, but are not limited to, name and date changes. In addition, you must also pay any charges imposed by our suppliers (including but not limited to transport or accommodation providers) for any charges whatsoever, where applicable. Changing from one experience to another will not be treated as a change but as a cancellation and a new booking will need to be made.

 

Please note that it may not be possible to make changes to your booking within 4 weeks of departure but where we are able to do so this will be treated as a cancellation and re-booking by you, and therefore a cancellation charge as set out in the table in the cause below shall apply. Where the price of your experience depends on the number of people booking into the accommodation and someone in your party cancels, the price will be recalculated on the basis of the new number of people going. We will then send you a new Confirmation / Invoice. Any increase in what you have to pay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge. Also, you may not change from any experience featured in any other brochure or on any of our websites to one of our Late Availability or other Special Offer Experience.

 

11. IF YOU CANCEL YOUR BOOKING

 

If you wish to cancel all or part of your booking, you should ask your Travel Agent to write to us or, if you booked direct, the person who made the booking must write to us. If some or all of your party cancel their experience we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, and we will levy a cancellation charge on the scale shown in the table below. These charges are based on the estimated cost of cancelling your experience and the expenses and losses we are likely to suffer if we cannot resell the experience. Please note that any voluntary charitable donations made are passed on to the charity automatically at the time of booking and are non-refundable.

 

No of days before departure we receive your written cancellation or we cancel as mentioned above	Amount you must pay per person cancelling
More than 14 days	Full standard deposit (4 years and over)
8 – 14 days	80% of holiday cost
7 days or less	100% of holiday cost

 

“Holiday Cost” excludes any fees applied resulting from cancellation or other changes to your booking.

 

If you or anyone going on the experience with you is unable to go for any reason or decides that they do not wish to take the experience, you may transfer the booking to someone else deemed acceptable to us, providing that you meet the following additional requirements.

 

1. You must write to us with full details of who cannot or doesn’t wish to go on the experience and who you would like to go instead. We must receive this information at least 7 days before the start of the experience.
2. If the change can be made, you will have to pay an amendment fee of £35 per person named on the booking together with any extra costs we incur or are asked to pay in order to make the change.
3. Everyone who goes on the experience in place of anyone who was originally due to travel must agree to these Booking conditions and any other requirements which apply to the experience before the change can be finalised. If the full cost of the experience should already have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.

 

12. YOUR HOLIDAY INSURANCE

 

Adequate and appropriate travel insurance is essential for your protection. Each member of your party must have adequate and appropriate cover for their particular needs and that of the party, and should at minimum cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays or loss of baggage or personal possessions. We do not check insurance policies. Please ready your policy details carefully and take them with you on holiday.

 

13. YOUR RESPONSIBILITIES

 

1. You must ensure that you and your party have valid acceptable passports, provided any Advance Passenger Information data to your flight provider and have secured any appropriate visas required for your holiday (including your journey to and from your holiday destination). All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry or submit correct documentation or data.

 

1. You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure.

 

1. You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your holiday arrangements if your behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate the holiday arrangements due to your unacceptable behaviour. In this situation we will then have no further responsibility for you. If your unacceptable behaviour means you’re not allowed to board your outward flight we will treat your booking as cancelled owing to your failure to arrive to the destination and you will be required to pay any unpaid balance of the experience without deduction for the unused part of it. If your experience has been paid for in full you will receive no refund for the unused part of it. You will be responsible for paying all damages occasioned by your behaviour.

 

1. Prior to booking, you must tell us if you or any member of your party is unwell, infirm, disabled or has reduced mobility, giving us full details (including any relevant requirements) at the same time. If in our reasonable opinion your chosen experience is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the experience is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out herein must be paid by the person concerned and we will have no liability for any other costs or expenses you incur as a result.

 

1. All Clients must satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen experience as described. Clients aged 65 or above are required to complete our Experience Suitability Form. You agree to accept the authority and decisions of our employees and agents whilst undertaking any experience. If in our opinion, your health or conduct before or after departure appears likely to endanger the safe, comfortable or happy progress of the experience, you may be excluded from all or part of the experience, in which case all monies paid will be forfeited and we will not be liable to pay any compensation to you whatsoever.

 

1. You are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve us of all obligations that we may otherwise have under contract.

 

14. IMAGES

 

Hotel and accommodation images featured in our marketing literature and on our website are used for illustration purposes only. Your specific hotel or accommodation may differ from the representation provided. You agree that any images taken of your likeness whilst a participant on experiences provided by us or through the supply of images by others in your party can be used in any form of media by us.

 

15. IF YOU HAVE A COMPLAINT

 

Please also see Clause 6 “Our Complaints Procedure”. This sets out how any unresolved claim or disputed matter (or other matter between us) may be dealt with if you or we wish to pursue it.

 

We do our best to give you an enjoyable, trouble free experience, but occasionally even the best laid plans can go wrong. If you have a problem or complaint you must tell the Supplier or local Agent or representative as soon as possible so that it can be sorted out on the spot. If your complaint cannot be resolved there and then, you must complete a Report Form during your experience. You’ll be given a copy of this to keep. You must also tell the supplier you are complaining about. If you remain dissatisfied, you must then write to us at: complaints@mepm-property.com with full details giving us your holiday reference number in addition to daytime and evening telephone numbers.

 

We will do our best to help you but our ability to do so will be hindered if you do not first report the complaint whilst on the experience. It is difficult and sometimes impossible to carry out a proper investigation of a complaint if we are not told about it reasonably quickly. Consequently, any compensation you may claim could be reduced or lost if you delay. If the problem or complaint concerns the negligence of any of our suppliers, sub-contractors or agents (as opposed to any negligence on our part or the part of any of our employees acting within the course of their employment, it is particularly important to follow this procedure.

 

We strongly recommend that

 

1. Any written complaint or claim that does NOT involve death, personal injury or illness be made to us within 28 days of the experience (or sooner to the greatest possible extent)
2. Any written complaint or claim that does involve death, personal injury or illness be made to us within 3 months of your return from the experience (or sooner to the greatest possible extent)