1. Your Contract with Tucan Travel

a) Terminology

A Package refers to any one or more of the following: Group Tour, Tailor-made Tour, Cruises to the Galapagos and Antarctica, including Extra Services (pre and post tour hotels or transfers; additional flights; excursions; I’d like my own room; supplements etc.), where they are booked at the same time as the tour.

b) Deposits & Charges

i) Deposits

For Group Tours: US$140

Additional deposit for any tour including Machu Picchu or Gorilla Trek: US$300

Additional flight deposit for 'H' Code tours (HSF, HBA, HPC, HSL, HAC, HSE, HSH, HBR, HPS & HPSB) : US$300

For Cruises to the Galapagos and Antarctica per person:

30% of total booking amount or a minimum spend deposit of: US$600

For Tailor-made Tours per person:

30% of total booking. Minimum spend of: US$2000

ii) Full Payment

Required within 60 days of departure. This increases to 90 days for Cruises to the Galapagos and Antarctica or Tailor-made Tours, however during high seasons or high occupancy this deadline may be brought forward even after you have booked.

iii) Local Payment

Local Payment is the remaining portion of the total cost that is required in "USD cash" in full on the Package departure date as advertised on our website. For Packages in Europe and Cuba the Local Payment is required in "Euro cash" in full on the Package departure date as advertised on our website.

iv) Charges

A change of tour price, client name, departure date and/or Package per person per Package or any other administrative charge: US$60.

A change to Extra Services per booking: US$25. Extra Services may be added up to 30 days before departure without charge if available.

c) Flights

All flights purchased in addition to or in conjunction with any Package must be paid in full at the time of booking and are non-refundable.

d) Contract

The contract is made between Tucan Limited in the United Kingdom trading as Tucan Travel (hereinafter "Tucan Travel" - for company details, see Clause 22) and the client, being all persons named on the booking as travelling or intending to travel through Tucan Travel. The person making the booking (which is subject to these conditions) warrants that they have full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions.

The contract between you and us is subject to and governed by English law in the United Kingdom (and no other). Any claim, dispute or other matter arising from or in connection with the contract shall be subject to the exclusive jurisdiction of the English courts, regardless of where in the world you reside.

To secure a booking and contract, Tucan Travel requires a non-refundable deposit or full payment as required in Clause 1b per person per Package. This payment is deemed to be confirmation that the client has read and accepts these Tucan Travel Booking Conditions. Clients booking through a travel agent or telephone, email or online will be deemed to have read these Booking Conditions and accepted them. A booking is confirmed and a contract between you and Tucan Travel exists when Tucan Travel issues an invoice. Errors or omissions on the invoice made by Tucan Travel may be subsequently amended after advising the client in writing.

Tucan Travel reserves the right to decline any booking at our discretion.

For UK bookings: If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

2. Payment of Packages

The balance of all monies due, including any surcharges applicable at that time, must be paid according to Clause 1b. In the case of non-payment of the balance by the due date, Tucan Travel will treat the booking as cancelled by the client and apply the appropriate cancellation charges.

Local Payment plus any local surcharges must be paid on Day 1 in "USD cash" in the destination of travel or as instructed in the documentation or by local staff. For Packages in Europe and Cuba this must be paid in "Euro cash". Failure to pay will result in the client being excluded from the Package without refund. These payments are non-refundable for any unused elements of the Package. Refer to Clause 6 for further details.

For UK bookings: Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL 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 financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer 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.

3. Changes

a) Changes by You

Any request by the client to change from one Package to another or change the departure date of their chosen Package must be made in writing by the person who made the original booking. The Client will forgo any previous price promotions they may have attained when making the new booking. The new Package price will be based on the current published price found on our website on the date the change was requested. The client may qualify for current price promotions should they apply. Administration Charges as in Clause 1b will apply and any additional deposits. Should the change be requested once full payment is due, cancellation charges apply as in Clause 5.

b) Transfer of Booking

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  • a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
  • b. we are notified not less than 7 days before departure;
  • c. you pay any outstanding balance payment, an amendment fee per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  • d. the transferee agrees to these booking conditions and all other terms of the contract between us.

 You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 4 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

c) Changes by Us

While Tucan Travel will use its best endeavours to operate all Packages as advertised, by entering into this contract the client accepts that it may prove necessary or advisable to vary or modify a Package itinerary or its contents due to prevailing local conditions. Tucan Travel reserves the right at any time either before or during a Package to cancel or change any of the facilities, services or prices described (including flights, transport, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes. Occasionally, Group Tours clients may be separated into different transport and hotels depending on local conditions and availability at the time of booking or travel.

Some trekking and cruise Packages are operated by specialist tour operators and some tours to unique destinations are operated by trusted partners, for example tours in Iceland, Morocco and North America. You will be notified of the trusted tour operator on your confirmation invoice and with final documentation. Your contract will still be with Tucan Travel.

If a significant change becomes necessary, Tucan Travel will inform the client as soon as reasonably possible if there is time before departure. The definition of a significant change will depend on the individual Package and circumstances and is at the sole discretion of Tucan Travel. When a significant change is made the client will have the choice of:

  • accepting the change of arrangements;

  • purchasing another available Package of a comparable or higher standard from us, if available (at no extra cost);

  • if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements; or

  • cancelling the Package and obtaining a full refund of all monies paid.

4. Force Majeure

 Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include war, threat of war, terrorist activity, riot, civil strife or industrial dispute; natural or nuclear disaster, disease, fire or adverse road, river or weather conditions; technical, maintenance or compliance problems with local transport or Tucan Travel vehicles; changes imposed by cancellation or rescheduling of flights by an airline or main charterer, the alteration of airline or aircraft type; or any other similar events beyond the control of Tucan Travel. Tucan Travel is not liable for any penalty charges associated with non-refundable airfares, in the event of a change to a Package departure time, date or airport.

5. Cancellation

a) Cancellation by You

The client may cancel the booking at any time provided that the cancellation is communicated to Tucan Travel in writing even if verbal notification of an intention to cancel has been given. Cancellation charges will be applied as shown below calculated from the day written notification is received. Cancellation charges are in addition to any insurance, flight or similar service provided plus any additional charges in Clauses 1 & 6. If the reason for cancellation is covered by your insurance policy, you may be able to reclaim these charges. No refunds will be made for any services not utilised.

The date used for calculating cancellation charges is the date from which the Package within the booking commences.

Group Tours or Extra Services;

  • 60 days or more: forfeit of all deposits.
  • 59 - 28 days: 50% of full payment.
  • 27 days or less: 100% of full payment.

Cruises to the Galapagos and Antarctica or Tailor-made Tours;

  • 90 days or more or as advised in Clause 1b: forfeit of all deposits.
  • 89 days or less: 100% of full payment.

Cancellation by You due to Unavoidable & Extraordinary Circumstances

You have the right to cancel your confirmed 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 holiday or significantly affecting the transport arrangements 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 additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. 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.

b) Cancellation by Us

Tucan Travel reserves the right to cancel a Package in any circumstances but, except for Force Majeure or the client’s failure to pay the final balance or one of the conditions detailed in Clause 5, will not cancel a Package less than 28 days before departure. Unless the client fails to pay the final balance Tucan Travel will, upon cancellation, return all monies paid excluding payment for travel insurance, flights, similar services and administration charges or offer an alternative Package of comparable standard.

Tucan Travel sets its own minimum numbers for Group Tours based on logistics and will operate tours once minimum numbers have been reached. A number of departure dates are guaranteed to depart and will generally operate regardless of whether minimum numbers have been achieved unless it is for safety or operational reasons. On occasion a tour may continue to operate with only one or two people. Where minimum numbers have not been achieved, Tucan Travel may choose to either operate the Group Tour or cancel the Group Tour. Where we choose to cancel the booking, we will let you know no later than:

  • (i) in the case of trips lasting more than 6 days, 20 days before the start of the Package;
  • (ii) in the case of trips lasting between 2 and 6 days, 7 days before the start of the Package;
  • (iii) in the case of trips lasting less than 2 days, 48 hours before the start of the Package.

If we have to cancel your booking in accordance with this clause, 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:

  • (i) having a refund of all monies paid; or
  • (ii) if available, accepting an offer of alternative travel arrangements of a comparable or higher standard from us (at no extra cost); or
  • (iii) if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

 Compensation

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

  • (i) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
  • (ii) If we cancel your booking and no alternative arrangements are available.

If we cancel or make a major change to your holiday less than 28 days before departure, we will pay you compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

  • If cancelling more than 28 days before departure: A full refund of monies paid but no further compensation.
  • If cancelling between 27 - 14 days before departure: A full refund of monies paid and a 5% discount on the current price published online (excluding Local Payment) of a similar replacement Group Tour (see below).
  • If cancelling within 13 days of departure: A full refund of monies paid and a 10% discount on the current price published online (excluding Local Payment) of a similar replacement Group Tour (see below).

Notes: Refunds and discounts referred to here apply only to Group Tours cancelled within 28 days as a result of failure to achieve minimum numbers. A replacement may be any Group Tour operated by Tucan Travel up to the value of the original Group Tour booked. Refunds and discounts apply to the cost paid for the land Package only and exclude Local Payments, surcharges, Extra Services, insurance premiums and administration charges.

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  • a) where we make an insignificant change;
  • b) where we make a significant change or cancel your arrangements more than 28 days before departure;
  • c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  • d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
  • e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  • f) where we are forced to cancel or change your arrangements due to Force Majeure (see Clause 4);
  • g) where we cancel your booking as a result of a failure to achieve minimum numbers for your tour and we notify you within the time periods stipulated in this clause.

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

6. Prices and Surcharges

All prices published are “from” prices. Tucan Travel sells Packages with variable pricing based on availability, exchange rates, operational costs, travel seasons and years. Correct prices are published on the Tucan Travel website and are valid at the booking date. Any promotions cannot be backdated and are only available when the client makes the booking and pays the deposit. Holding an “option” to book does not guarantee the price, if it subsequently changes, until the client makes the booking and pays the deposit.

Loyalty Discount - The 5% Loyalty Discount can only be used on direct bookings with Tucan Travel only and is not valid on Tailor-made tours.  Travel agents may provide their own loyalty schemes at their discretion.

Local Payments (and tipping kitties on some Packages) are also variable pricing based on exchange rates, operational costs, travel seasons and years. Correct prices are published on the Tucan Travel website and are valid at the booking date. Any promotions do not apply to the Local Payment portion of the Package cost.

Tucan Travel reserves the right to impose surcharges on any Package if the increase in price is more than 2% for reasons arising from

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii) the level of dues, taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, such as landing taxes or embarkation or disembarkation fees at ports and airports; or the exchange rates used to calculate your arrangements relevant to the Package. If the surcharge is equal to or greater than 10% (7% in Canada) clients will be given the option to cancel the booking with a full refund within seven days of being notified of the charge.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee as in 1b)iv). 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.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

The above conditions do not apply in the following circumstances:

a) In the event of local flight cancellations, overbooking or rescheduling of departure days and times, Tucan Travel reserves the right to pass on any extra costs to the client. In such cases, the client will have the choice to wait for the next available scheduled flight and miss some tour services included or pay any additional costs associated with upgrades or chartering aircraft as a substitute by way of local surcharges.

b) Increased costs of permits or entry charges for the Inca Trail Trek, Machu Picchu, Lares Trek, Gorilla Trek, Game Park, National Parks or similar entrance charges to tourist sites and associated operating costs will be passed to the client by way of local surcharges as the increases occur.

c) Fuel surcharges due to increases in fuel costs for Flights, Cruises to the Galapagos and Antarctica or Tucan Travel vehicles may be applied and invoiced in advance of your departure if there is adequate time to do so. Fuel surcharges may only be known within a limited time before the departure date and are dependent on world and local fuel prices. Any fuel surcharge applied must be paid in full either in advance or by way of local surcharges as advised, failure to pay will result in the client being prevented from joining the Package without refund.

7. Travel Insurance, Altitude and Horse Riding

Travel insurance is mandatory for all clients travelling with Tucan Travel. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the Package and loss of Package monies through cancellation or curtailment of the Package for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities available during their Package whether included in the cost by Tucan Travel or otherwise. The travel insurance cover automatically provided with credit card purchases does not provide adequate cover as standard. Proof of adequate insurance will be requested at the start of your Package, failure to provide this will result in the client being prevented from joining the Package without refund.

Altitude Sickness: All clients warrant and accept that there is a chance they may get some form of altitude sickness on itineraries that generally travel to altitudes over 2,400 metres though Tucan Travel will not expose clients to any undue risk of altitude sickness. Tucan Travel tour leaders, staff and local suppliers working at higher altitudes will have some level of knowledge and / or training on how to help and advise you. Please read the information contained here https://www.tucantravel.com/high-altitude-sickness to ensure you understand the risks and what to do in this event.

Horse Riding: All clients wishing to participate in horse riding or similar activities, whether included or optional, acknowledge that the availability of protective headgear can vary or be non-existent. Therefore Tucan Travel cannot guarantee that headgear will be provided or will be to the same standard as those available in the UK or your home country. Any client intending to partake in these activities should bring their own protective headgear and other protective equipment with them.

8. Passport, Visa and Immigration Requirements & Health Formalities 

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

9. Age, Fitness and Participation

All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen Package as described by Tucan Travel. At the least, clients are expected to be able to carry their own luggage over short distances of up to 15 minutes’ walk and up several flights of stairs if required. Our hotels generally do not have concierge or porter services. Clients are also expected to accept that the Packages described are “Adventure Travel” and that travel around and facilities in developing countries will not be of similar standards which they may be accustomed to at home. We do not provide luxury travel. Those aged 16 and 17 years are accepted on some Group Tours and most Tailor-made Tours, Cruises to the Galapagos and Antarctica and Extra Services operated by Tucan Travel at our discretion provided they are accompanied by a parent or guardian who accepts full responsibility for them. Some excursions including but not limited to the Inca Trek, Lares Trek and Gorilla Trek have other age limits set by companies or bodies separate to Tucan Travel. The “Adventures for 20's to 30's” tours are limited to those aged between 18 and 39 years, however occasionally Tucan Travel may authorise clients outside these ages to travel if they meet certain criteria. Tucan Travel reserves the absolute right to decline a booking at our discretion.

Clients agree to accept the authority and decisions of employees, tour leaders and agents whilst on Packages with Tucan Travel and our trusted partners. If in the opinion of such person the health or conduct of a client before or after departure appears likely to endanger the safe, comfortable or happy progress of a Package the client may be excluded from all or part of the Package. In the case of ill health, Tucan Travel may make such arrangements as it sees fit and the associated total costs of these arrangements including expenses of Tucan Travel must be paid for by the client.

 If a client is excluded as above or chooses to leave of their own free will or leaves due to ill health or any other reason there will be no refund of the Package price, Extra Services, surcharges, Local Payment or any local surcharges. All services forming part of the whole Package booked will be forfeit though may be recoverable through the client's travel insurance in some circumstances.

10. Local Laws

All participants in Packages operated by Tucan Travel and our trusted partners are expected to obey the laws and regulations of the countries visited.

11. Illness or Disability

Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Package. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the Package in which case all monies paid will be forfeit. See Clause 9 for further information.

12. If you have a Complaint

If the client has a complaint about any of the Package arrangements the client must bring it to the attention of the tour leader or other representative of Tucan Travel or its suppliers at the time so that they may use their best endeavours to rectify the situation. It is only if Tucan Travel is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the client’s ability to claim compensation from Tucan Travel or its suppliers being extinguished or at least reduced. Should the problem remain unresolved a complaint must be made in writing to feedback@tucantravel.com within 28 days of the completion of the Package or all claims for compensation will be forfeit. Tucan Travel will endeavour to acknowledge correspondence within 14 days of receipt, and to provide a detailed response to any letter of complaint within 28 days of receipt.

Arbitration: If we are unable to mutually resolve your complaint you can call upon the AITO Arbitration Service on www.aito.com or the ABTA Arbitration Scheme on www.abta.com.

You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.

13. Our Responsibilities & Liability

1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” of a Package and as such, we are responsible for the proper provision of all travel services included in your Package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services 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. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Package. The level of any such price reduction or 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 Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

  1. the acts and/or omissions of the person affected; or

  2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

  3. Force Majeure (as defined in clause 4).

3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

a) Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times 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.

c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

  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.

  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.

  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.

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

5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

  1. 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

  2. relate to any business.

7) Where it is impossible for you to return to your departure point as per the agreed return date of your Package, 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 3 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 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.

FOR THOSE BOOKING FROM CANADA:
 
Tucan Travel makes arrangements with independent contractors such as airlines, transfer operators, hotels & other suppliers that provide the services that clients purchase. Although we are careful when selecting these suppliers, they are all independent parties and Tucan Travel has no control over them and is not responsible for their acts or omissions. Services provided by these independent parties are subject to applicable Provincial travel industry acts and the regulations thereunder, together with all applicable conditions imposed by the independent parties and their liability is limited by the tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements.
 
Tucan Travel is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the independent parties, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than Tucan Travel.
 
Tucan Travel’s liability for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the Package and any services purchased by the client. Tucan Travel will also deduct any amount which a client receives or is entitled to receive from any supplier of services in relation to the complaint or claim in question from any amount owing by it

14. Optional Excursions and Activities

Tucan Travel and our tour leaders and representatives may provide you with information (before departure and/or on tour) about optional activities and excursions which do not form part of your pre-booked Package and which are available in the region you are visiting. Tucan Travel has no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent and they may or may not have their own public liability insurance. They do not form any part of your contract with Tucan Travel even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where a tour leader or representative collects payment for, attends and / or completes, or otherwise assists in booking any such activity or excursion for you, we and the tour leader or representative act solely as a booking agent for the local operator or provider of the activity or excursion with whom you will have a direct contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in Clause 13 of our booking conditions will not apply to them. We do not guarantee that any optional activity or excursion mentioned will be available to book during your Package and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.

15. Flight Bookings

Tucan Travel will use its best endeavours to ensure that all flight prices and pre-paid taxes are correct at the time that they are quoted. Airlines reserve the right to amend or withdraw fares without prior notice. The fare can only be guaranteed when the flight booking has been paid for in full by Tucan Travel and a ticket has been issued. Flight bookings are non-transferable. Occasionally airlines cancel or reschedule flights and we may need to contact you to advise the changes or make alternative arrangements. This is beyond the control of Tucan Travel and any additional charges must be paid by the client.

Tucan Travel tours have a checked luggage restriction of up to 20kg in total. Some tours in Latin America which include domestic flights are also subject to the local carrier conditions of booking and have their own luggage restrictions which may be a maximum of 15kg. Any excess luggage charges on tour or on flights must be paid by the client. Hand luggage allowance will vary from airline to airline.

Due to variances in airline regulations and for your own comfort while travelling, Tucan Travel recommend a luggage weight of no more than 15kg checked luggage and 5kg hand luggage.

16. Website and Advertising Material Accuracy

The information contained on our website and in other advertising material is believed correct to the best of our knowledge at the time of publication. Errors may occasionally occur and information may subsequently change, therefore please ensure you check all details of your chosen Package (including the price) with us or your travel agent at the time of booking. Tucan Travel cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on our website or in other advertising material.

17. Privacy Policy

In order to process bookings Tucan Travel is required to collect certain personal details from you. We have a lawful basis to retain personal information when bookings are made. These details will usually include the names and addresses of party members along with passport details, credit / debit card or other payment details and special requirements such as those relating to any disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information. Personal booking information is captured securely and will not be stored for longer than necessary. We may therefore delete your personal information after a reasonable and responsible period of time.

Personal and insurance information will be collected from all clients at the onset of your Package. Once you have travelled with Tucan Travel, you will be asked to complete a client questionnaire where we will collect further details about you and the tour you travelled on. You may also be asked to review your tour on trusted review websites or we may share these reviews (from which your personal details will be withheld) with trusted review websites on your behalf.

We may disclose your personal information to the following third parties some of which are based outside the European Union for the purposes of our operation, these may include, without limitation:

· Mailing houses

· Payment processors

· Airlines

· Overseas tour companies or travel service providers

· IT systems administrators

· Electronic network administrators

We must pass some information on to the relevant suppliers of your travel arrangements (airlines, hotels, transport companies etc.). Where we disclose your personal information to overseas third parties, we require that they maintain appropriate standards of confidentiality and implement the correct security measures. Such suppliers may be outside continental Europe if your holiday is to take place or involve suppliers outside these countries. The information may also be provided to security or credit checking companies, public authorities such as customs / immigration if required by them, or as required by law.

We only use personally identifiable data for the purpose or service that it has been submitted. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and you will always have the opportunity to opt-out or manage your preferences. To unsubscribe from an e-newsletter, or update your preferences, you can follow the prompts that are published at the end of each newsletter or you can reply to the newsletter asking to be unsubscribed.

You can find our full Privacy Policy here

18. Your Financial Protection

A. Clients (excluding Australia, New Zealand and Canada) are financially protected by the UK when booking directly with Tucan Travel.

Your Financial Protection. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under ABTOT Combined and The Package Travel and Linked Travel Arrangements Regulations 2018 for Tucan Travel, ATOL number 6855, and in the event of their insolvency, protection is provided for the following:

1. non-flight Packages;

2. flight inclusive Packages that commence outside of the EU, which are sold to customers outside of the EU; and

3. flight inclusive Packages, flight only and linked travel arrangements (LTAs ) sold as a principal under ABTOT Combined.

ABTOT Combined cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Tucan Travel.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on +44 1702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

UK only: 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.

The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (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 or supplier 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 or supplier 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 or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under the ABTOT Combined scheme.

If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under the ABTOT Combined scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ABTOT Combined scheme.

For further information visit the ATOL website at www.atol.org.uk or the ABTOT website at www.ABTOT.com

B. Clients resident in Australia and New Zealand: Tucan Travel is a member of ATAS (AFTA Travel Accreditation Scheme) which is administered by the Australian Federation of Travel Agents (AFTA). ATAS travel agents have met strict standards and criteria in order to become nationally accredited. Their accreditation means they are the best in the industry, financially viable, credible, well trained & professional businesses. This means you can book your travel knowing you’re in the safe hands of a trusted and reputable travel agent. See www.atas.com.au for more information. All Packages for clients from Australia and New Zealand are protected by a client trust account in Australia where monies are held until your departure or the full cost of your services have been paid for by us. Tucan Travel Pty Ltd in Australia operates as a call centre and acts as an Agent Only and all booking contracts are with Tucan Limited in the United Kingdom.

C. Clients booking through Tucan Travel Inc.: Tucan Travel Inc. operates as a call centre in Canada and acts as an Agent Only. All booking contracts made through Tucan Travel Inc. are with Tucan Limited in the United Kingdom and all payments are taken directly in CAD by Tucan Limited in the United Kingdom. Tucan Travel Inc. is licensed by the Travel Industry Council of Ontario (TICO), license number 50022689, and all Packages booked through it are protected by the Compensation Fund subject to the conditions for making a claim against the Fund as set out in the Travel Industry Act, 2002 and Ontario Regulation 26/05.

D. Travel Agent bookings:  All clients booking through a travel agent (excluding the UK, EEA and Ontario, Canada) are financially protected by the travel agent’s own insolvency protection scheme, which you should check carefully before purchasing your travel arrangements. Tucan Travel is not financially liable due to the insolvency of your travel agent for monies held by your travel agent on our behalf.

E. Tour Operator Liability Insurance in the USA: Clients resident in the USA acknowledge and accept that they will only be covered under our Tour Operators Liability Insurance administered by Tucan Limited from the UK under the sole jurisdiction of the English courts only and no other. Any judgements or orders against the Insured in the courts of the USA for the enforcement of foreign judgements whether by way of reciprocal or otherwise are excluded.

19. Foreign Office Advice

Tucan Travel welcomes clients from around the world however as a British registered company the lead is taken from the Foreign & Commonwealth Office Advice Service (FCO) www.fco.gov.uk. Tucan Travel reserves the right to cancel, amend or continue the operation of a tour based on, but not solely restricted to, the advice of the FCO.

20. Prompt Assistance 

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which 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, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking 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.

21. Delays, Missed Transport Arrangements and other Travel Information 

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 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law (it is your responsibility to check your rights for non EU countries), you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 4 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

22. Tucan Travel Company Information 

All Client Contracts are with Tucan Limited, the Head Office in the United Kingdom. All Tucan Travel offices outside the United Kingdom act as Agent only.

United Kingdom: Tucan Limited is incorporated in England and Wales with limited liability. Registered office: 316 Uxbridge Road, Acton, London W3 9QP. Company Registration Number: 337 0298. VAT Number: GB 702 2687 54.

Australia Agent: Tucan Travel Pty Ltd is incorporated in Australia with limited liability. Registered office: Scott Associates, PO Box 20739, World Square, NSW 2002. ACN: 085 587 659. ABN: 77 085 587 659

Canada Agent: Tucan Travel Inc. is incorporated in Ontario, Canada. Registered office: 689 St Clair Avenue West, 2nd Floor Front, Toronto, Ontario, M6C1B2. Ontario Corporation Number: 002488113. Business number for GST/HST: 80088 8141 RT0001

23. Amendments

Tucan Travel reserves the right to update these booking conditions at any time and publish any updates on our website. All updates take effect immediately after being published on our website from the Issue Date as shown below on those amended conditions. Bookings Conditions may vary according to your country of booking. It is recommended that all clients consult our website at the time of booking and download a copy of these conditions as it will be assumed that all clients have agreed to any amendments at the time of booking and by paying the deposit or full payment.

Issue Date: 24 September 2018