British & Irish Lions
England Rugby Travel is an Official Licensed Operator for the British and Irish Lions Tour to South Africa 2009.
England Rugby Travel is a joint venture initiative between the Rugby Football Union and Mike Burton Travel. Financial protection is provided by the ABTA, IATA and ATOL licencing and bonding of Mike Burton Travel Ltd.
1. Financial Security
Mike Burton Travel Limited hold an air travel organisers licence (ATOL) number 3030 issued by the Civil Aviation Authority for holidays and travel arrangements by air. For holidays and travel arrangements which do not include travel by air, we have arranged a bond with the Association of British Travel Agents (ABTA) (Tour Operators Section). In the very unlikely event therefore of our insolvency before or during the holiday or holidays booked using this website, the person or persons named on the booking form will be returned to the UK (if abroad) or if the holiday or holidays booked using this website has not yet started, the money paid to us will be returned in full. We are also members of ABTA (Travel Agents Section), number D0596, and are recognised by the International Air Transport Association (IATA), number 9120214/5. These booking conditions and website comply with the code of conduct for tour operator members of ABTA.
2. Booking
In order to make a booking, you must submit your booking request through the England Rugby Travel website (www.englandrugbytravel.com) and pay the requested deposit. The person submitting the on-line booking will be treated as doing so on behalf of, and with the consent of, all the persons for whom the booking is made. That person will also be responsible to us for full payment of the price (including any insurance premiums and cancellation or change charges) of the booking. All documents and other information regarding the holiday will be sent to the person who submitted the booking and that person is responsible for keeping other persons, for whom the booking is made, fully informed.
3. Confirmation
Our contract with you takes effect when we accept the booking requested on the website and set aside the chosen tour(s). We will send you a final invoice and confirmation of your booking which shows the details of the tour(s) and the total price payable. These should be checked very carefully to ensure that they agree with what you intended to book. If any detail is not correct you must inform us immediately. Our responsibility is to provide the tour(s) we have confirmed to you. We reserve the right to refuse your booking, in which case all money paid to us will be returned in full. Our agreement will be subject to English Law and to the exclusive jurisdiction of the English courts.
4. Special Requests
Any special requests must be made in writing and while we will try to honour these, no guarantee can be given. If we are unable to honour any special request, no compensation will be payable. If your special request can only be met at additional cost, that cost will be invoiced to you prior to departure. Unless specifically agreed by us in writing at the time you make your booking, we cannot accept any booking which is made conditional upon a special request being satisfied.
5. Payment
A £500 deposit plus 100% of the travel insurance where applicable, must be paid at the time of making your booking request. A payment of £1,000 must be made on or before 1 September 2008. A further payment of £1000 must be made on or before 1 December 2008. The balance must be paid by no later than 1 April 2009. You may pay by Cheque, Visa, MasterCard and American Express, though the following service charges will be applied:-a)Visa / Mastercard / American Express 1% of total paid.
If for any reason the payments are not received by us by the due dates, we reserve the right to cancel your booking and levy a cancellation charge as though there had been a cancellation in accordance with Paragraph 7. If you pay a travel agent, money is held at all times on behalf of England Rugby Travel.
6. If you change your booking
If you wish to change any of the details of your booking, we will do our best to assist you. We charge an amendment fee of £15 for each person named on the booking form and for each detail of the booking which you change. However, if you change the booking within six weeks of departure, cancellation charges on the scale given below may be imposed. If the size of your party reduces, then we will recalculate the cost of the tour for those who are still going and the remaining client if a party of two will be charged at the single rate.
7. If you cancel
A cancellation can only be accepted in writing from the person who completed the booking on the website and is only effective from the date it is received in our offices. If you cancel the holiday or holidays booked using this website at any time after your booking has been accepted by us, then you must pay us a charge to compensate us for the expenses and losses which we will incur as a result of your cancellation. The following scale of cancellation charges will apply:-
Time Before Departure Cancellation charge as a percentage of total holiday cost (excluding insurance premiums)
More than 42 days Deposit
29-42 days 50%
15-28 days 70%
1-14 days 90%
Departure date or later 100%
NB. Insurance premiums are non-refundable.
If the reason for cancellation is covered by your insurance policy, you may be able to claim a refund of your cancellation charges from the insurance company.
8. Insurance
It is a condition of booking that you and all members of your party are adequately insured for your holiday. We have arranged a special scheme with Travel & General Insurance Services Limited the details of which are available on request. You must indicate during the booking process if you would like to receive a quote from us for insurance cover. If you arrange your own cover you must agree to the indemnity clause in the insurance section of the booking process.
9. Our liability
We contract accommodation and other arrangements through independent suppliers, who we have taken reasonable care to ensure are reputable and safe. We constantly monitor the performance of our suppliers and judge their performance against the standards and customs in the country where the services are provided. We will accept liability for the proper performance of our contractual obligation and for personal injury, arising as a result of the proven negligent acts or omissions of our staff and suppliers whilst acting within the scope of, or in the course of, their employment or contract. We will not be responsible to you in the following circumstances:-
a) If the failure or improper performance is your fault, or the fault of any member of your party.
b) If the failure is the fault of someone else not connected with the provision of the services which make up the holiday and which we have confirmed to you.
c) Any unusable or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been taken.
d) Any event that we, or the supplier of any service, even with all due care, could not foresee or forestall.
10. Limitations on our liability
In any event, compensation payable for claims against England Rugby Travel, other than compensation for personal injuries, will not exceed twice the price of the relevant holiday or holidays booked using this website. If our suppliers are able to exclude or limit liability by virtue of any international convention, we will claim the benefit of that exclusion or limitation. The liabilities of air and sea carriers are generally governed by the Warsaw Convention, Hague Protocol or Athens Convention respectively: We rely on the terms and limitations contained therein. Land, sea and air carriers have their own conditions which form part of this contract, copies of which will be supplied by ourselves if requested. For claims for personal injury, illness or death, any payments will only be made if the following conditions are met:-
a) You must tell us, and the supplier involved, about your injury or illness while you are in the resort and you must write to our office about your claim within three months of the date of arriving home. A letter from your doctor, detailing your injury, should also be included.
b) Any rights that you have against the supplier or any person, must be transferred to us.
c) c) You must agree to fully co-operate with us or our insurers, if we wish to enforce those rights.
(You are asked to transfer your rights to us, so that we can claim back from suppliers any payments that we make to you, plus any legal or other costs that are incurred.)
11. If we change the holiday or holidays booked using this website
We hope not to make any alterations to the holiday or holidays booked using this website but, because our tours are planned many months in advance, we sometimes do need to make changes. We have the right to do this at any time and you will be informed of any changes when you book or if you have already booked, we will let you know as soon as possible. Occasionally, we may need to make a major change. Major changes include a change of UK departure airport, a change of date of departure, reduction in the length of the holiday or holidays booked using this website, a change in accommodation to a lower official classification. If we do make any major changes, then you have the choice of:-
a) Accepting the changed arrangements.
b) Purchasing another holiday from us.
c) Cancelling the holiday or holidays booked using this website.
If you chose (a) or (b), we will reduce the price of the holiday or holidays booked using this website on the scale shown below and if you chose (c), we refund any money you have paid to us and where you are advised of the change within six weeks of departure, we will pay compensation on the scale below:-
Period before Compensation per full paying passenger
departure
Option A and Option B Option C
Holiday Holiday
Price Price
£0-250 over £250
More than 42 days NIL NIL NIL
29-41 days £15 £20 £10
15-28 days £20 £25 £15
9-14 days £25 £30 £20
0-8 days £30 £35 £25
NB. A compensation payment discharges all our liabilities to you and by accepting it, you agree to waive any other rights you may have.
These compensation payments do not apply where a cancellation by us is due to unforeseeable or unusual circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been exercised. Such circumstances or events include (without limitation), war or threat of war, riot, civil strife, industrial dispute, technical problems to transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions.
12. If we cancel the holiday or holidays booked using this website
In very rare circumstances we may have to cancel the holiday or holidays booked using this website. Sales of a particular holiday may not reach a level which would be economical for us to operate and we reserve the right in any circumstances to cancel the holiday or holidays booked using this website. In this event we will return to you all money you have paid, or offer you an alternative holiday to purchase of comparable standard if available. In no circumstances will we cancel the holiday or holidays booked using this website after the balance of payment is due, except where this is by reason of unusual or unforeseeable circumstances beyond our control, the consequences of which could not of been avoided, even if all due care had been exercised.
13. Flights and Flight times
Due to the bespoke nature of the holiday or holidays booked using this website, we are not able to specify on the website the airline or aircraft type that we will use. We will inform you of the airline we plan to use in your booking confirmation, but we reserve the right to change airline or aircraft types at any time (see amendments by us). Such changes will not be regarded as a major change for the purpose of these booking conditions and you will not be entitled to cancel the holiday or holidays booked using this website without paying the appropriate cancellation charges (see cancellation charges). Some flights may have to stop en route and as factors affecting this are not always known before departure, we cannot always notify you in advance, though we will always endeavour to do so. Planned flight times will be given in the various documentation you receive, though these are for guidance only. Please check your final itinerary as soon as you receive it, as it will show the final timings for your flight. Flights are subject to the granting of permits and licences by authorities, both in the UK and Overseas. In the event of your flight arrangements being changed or cancelled, as outlined in this section, we accept no liability for extra costs or consequential loss, arising directly or indirectly from any independent contract arrangement, between the client and a third party. Please note that the captain of the aircraft has absolute authority over the aircraft and passengers at all times, when they are boarding or on board the aircraft. He can refuse to carry anyone if they are, in his opinion, unfit for any reason to travel or may pose a danger to the aircraft or other passengers. If you or any person for whom you are booking is refused carriage in these circumstances, the contract with us will terminate immediately and we will have no further responsibility of liability to you. Arrangements in the event of travel delay are the responsibility of the carrier.
14. If you have a complaint
If you have a complaint about the holiday or holidays booked using this website, please tell your England Rugby Travel representative and the supplier of the service concerned immediately, preferably in writing. The problem can then be thoroughly investigated and we can make all efforts to try and remedy the situation there and then to prevent the holiday or holidays booked using this website being spoilt. Unless there is a valid reason why your complaint is not reported in this manner, we will not consider ourselves liable in respect of those complaints. If your problem can still not be resolved, then you should write to our Head Office in Gloucester within 28 days of the completion of the holiday or holidays booked using this website. No liability can be accepted for claims not notified in that period or if the claim was not notified to our representative.
Disputes relating to the holiday or holidays booked using this website which cannot be settled amicably, may if you wish, be referred to arbitration under a special scheme devised by arrangements with the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration, on documents alone, with restricted liability to you, in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form, or to those claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the scheme provide that the application for arbitration must be made within 9 months of the date of return from holiday, although in special circumstances may still be offered outside this period.
15. Website Accuracy
Websites are produced well in advance of the tours taking place and there may be occasions when advertised facilities or entertainment is not available during the tour, due to bad weather, essential maintenance, cleaning or lack of demand. You should also remember that the general standard of hygiene, public utilities, drainage, plumbing and services in general may not be as sophisticated as in the U.K. All information published and displayed on the website, has been compiled from up to date details and we have taken the up most care to ensure fact and accuracy. There maybe occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance (swimming pools for example), unsuitable weather, fuel shortage, accidental damage to accommodation or other circumstances totally beyond our control. If we are advised of this we will inform you as soon as possible. The website is issued on our responsibility and does not commit any airlines mentioned therein.
16. Extras
All accounts for services and goods, provided on any tour which are not covered by an inclusive package cost, must be paid by the client before departing that hotel or commencing an onward or return journey.
17. Your responsibilities
It is your responsibility to;
a) Ensure that you, and those for whom you are booking, are in possession of valid passports and any appropriate visas. You should check passport and visa requirements well in advance, particularly if you are a Non-British passport holder: Any charges, fines etc. that may be levied by authorities in the UK or overseas for non-compliance of regulations in this area will be recharged to you.
b) Check with your doctor and ensure that those for whom you are making the booking check with their doctors as to what vaccinations or inoculations are advisable for the chosen destination.
c) Ensure a reasonable standard of behaviour by yourself and by those for whom you have booked: We reserve the right to decline, to accept or retain any person as a client, if their behaviour is, in our opinion, or in the opinion of the airline pilot, hotelier or accommodation owner, manager or other person in authority likely to cause distress, damage, danger or annoyance to other customers, employees, other people or to property. You understand that we shall have no liability to pay any refund or compensation or costs incurred by any person whose behaviour is thus unacceptable.
d) The accommodation we arrange for you must only be used by those people named on the booking form. You are not allowed to share the accommodation or let anyone else stay there.
18. Holiday price
The prices in this website apply at the time of uploading, but prices can change from time to time. Prices can go up or down, and you will be informed of any price change when you contact us to enquire about a holiday . We guarantee that once you have made your booking and paid a deposit, we will not increase the price of the holiday or holidays booked using this website, except in the circumstances set out below.
The price of the holiday or holidays booked using this website is subject to surcharges on the following items: Government action, currency fluctuation, airport charges and increase in scheduled air fares. Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes insurance premium and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where the surcharge is more than 10% of the holiday price you will be entitled to cancel the holiday or holidays booked using this website with a refund of all money paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within fourteen days from the issue date printed on the invoice. Prices are in pounds sterling and rates of exchange are displayed in the website.
19. No Partnership, Agency or Joint Venture
If, in making a booking with us, you are making arrangements on behalf of third parties your booking is subject to the condition that, except with our prior written consent, you shall not (nor authorise any third party to):
(a) make any representation nor give any warranty on our behalf or in our name nor incur or create any expense chargeable to us nor pledge our credit;
b) associate yourself/itself with England Rugby Travel nor use nor allow anyone to use our name, logo or trademarks including without limitation in the promotion or advertisement of any product or service;
(c) do nor allow to be done any act or thing which will harm misuse, bring into disrepute, impair or otherwise adversely affect our rights and interests (including goodwill) in our name, logo and/or trademarks;
(d) hold yourself out to any third party as acting with our authority and/or as our agent or partner;
(e) represent that the hospitality, catering, ticket, travel, site facility and/or any other arrangements provided under this booking are made by you or any person or entity other than England Rugby Travel;
and without limitation you acknowledge that the arrangement entered into between us shall not constitute an agency, partnership, or joint venture.
You hereby undertake to us that you will bring these booking terms and conditions to the attention of any third party for whom you are booking.
20. General
Please note that if any part of these booking conditions is found to be invalid or unenforceable, then the remainder of these booking conditions will not be affected but will remain valid and enforceable.
21. Data Protection Statement
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements including airlines, hotels, transport companies and British Lions Limited. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on request.
England Rugby Travel's Ticket Terms and Conditions
1. GENERAL
SA Rugby (Pty) Ltd, its officials, accredited agents and service providers and British Lions Limited market, sell, allocate and distribute tickets for the matches forming part of the 2009 British and Irish Lions Rugby Team’s tour of South Africa. Tickets are only sold to Purchasers who have agreed to adhere to these General Ticketing Terms and Conditions.
If any Ticket is bought or obtained in breach of these stipulations, SA Rugby and/or Stadia Managements may refuse access or eject such Ticket Holder from the Stadium, while the distributor may be liable for sanctions imposed by SA Rugby and may be prosecuted by the National Prosecuting Authority of South Africa.
1.1 The Match Ticket is and remains the property of SA Rugby (Pty) Ltd.
1.2 Every Ticket Holder is deemed to have read and agreed to the provisions of these Terms and Conditions. The Purchaser is responsible for ensuring that any subsequent Holder complies with these Terms and Conditions and the Purchaser is responsible for any subsequent Holder's failure to comply with these Terms and Conditions.
1.3 The Holder must read these Terms and Conditions and the Ticket Refund Policy carefully and may not make payment for, purchase, hold or use the ticket or enter (or attempt to enter) the venue if he/she does not understand and agree to these Terms and Conditions.
1.4 The Ticket Holder and/or Purchaser shall use the ticket/s exclusively for personal use.
1.5 The Purchaser shall be allowed to buy a maximum of ten (10) tickets for personal use for both the Test and Non-Test matches. The number and location are subject to availability.
1.6 The face value of tickets includes VAT.
1.7 The possession of a whole Match Ticket, which is not damaged in any way, grants the Ticket Holder the right to admission to the Stadium to view a Tour Match from the seat or area specified on the ticket, subject to the provisions of these Terms and Conditions.
1.8 The Match Ticket entitles one person entry, and no other entitlements, for the duration of the Tour Match and the Match Ticket must be produced on demand by an official or agent of SA Rugby (Pty) Ltd and the Stadium Management.
1.9 Right of admission is reserved by the Management of SA Rugby (Pty) Ltd and/or Stadium Management at which a Tour Match is played.
1.10 Should the Tour Match be postponed due to any cause whatsoever, the Match Ticket shall be valid for the rescheduled date of the match. The Ticket shall be valid until the Tour Match has been completed or is deemed completed by Management.
1.11 Should the event be cancelled for whatever reason, it shall be within the discretion of Management to refund any amount paid by the Ticket Holder in respect of any Ticket/s.
1.12 Management reserves the right to change dates, venues and kick-off times of Tour Matches and to reallocate seats or areas specified on the Ticket.
1.13 Ticket Holders shall not copy, alter or use any of the symbols, trademarks, logos and/or intellectual property appearing on the ticket.
1.14 Each of the provisions set out in these Terms and Conditions shall be severally enforceable. Notwithstanding that the whole or any part of these Terms and Conditions may prove to be unenforceable, the other provisions of these Terms and Conditions and the remainder of the provision in question shall continue in full force and effect.
1.15 These Terms and Conditions are governed by laws of the Republic of South Africa and the Purchaser and the Ticket Holder irrevocably submit to the jurisdiction of the South African courts.
2. ACCESS TO STADIA AND STADIUM RULES
2.1 Access to Stadia for Tour Matches shall be authorized on presentation of a Valid Ticket.
2.2 The general rules and conditions of each Stadium apply. Ticket Holders agree to abide by these rules which can be viewed on posters displayed in and around the Stadia as well as stadia websites.
2.3 Management reserves the right to refuse admission or eject from the stadium without refund any Ticket Holder who:
2.3.1 Fails to produce a Valid Ticket on request;
2.3.2 Is in breach of any of these conditions;
2.3.3 Fails to comply with instructions of Management of SA Rugby, the staff, agents, officials of Stadium Managements;
2.3.4 Be considered a source of danger, nuisance, unnecessary noise, foul and offensive language or annoyance to other persons;
2.3.5 Tampers or interferes with stadium property;
2.3.6 Is suspected of committing, or being likely to commit, or having committed a criminal offence in the stadium;
2.3.7 Is in possession of alcohol and/or narcotics when entering the stadium or who appears to be under the influence of drugs and/or is intoxicated;
2.3.8 Carries bottles, cans, firearms, dangerous, or prohibited items. These items include, but is not limited to:
Knives or other weapons, explosives, fireworks, mace, glass, tin, flares, Frisbees, laser devices, bicycles, scooters, skateboards, skates, air horns or devices capable of causing a disturbance, spray paint, unauthorized banners, placards, leaflets, signs, animal, objects or clothing containing political, promotional or commercial identification or messages.
2.4 Ticket Holders must take note of the following:
2.4.1 Any person or vehicle entering a Stadium is subject to a search by Management;
2.4.2 Any person entering the playing enclosure without permission, shall be arrested immediately;
2.4.3 No person may remain in entrances, exits, gates, staircases and/or gangways and/or enter restricted areas for which accreditation is required;
2.4.4 Smoking is only allowed in designated areas;
2.4.5 No person is permitted to throw any object or projectile; or climb walls fences, stands or other structures in the Stadia;
2.4.6 The possession and/or operation of recording or transmission equipment for commercial use in the Stadia is prohibited;
2.4.7 Only persons authorized in advance and in writing by Management may carry out promotions, advertising, marketing or commercial activities. Ticket Holders shall not re-sell/exchange and/or attempt to re-sell/exchange and/or offer to re-sell/exchange the Tickets or transfer the obligations relating to the Tickets to third parties;
2.4.8 Ticket Holders shall not be allowed to offer goods or services for sale or distribute free of charge any promotional documents or items including those of political, religious and charitable nature;
2.4.9 Ticket Holders shall not use and/or attempt to use and/or offer to use all or some of the Tickets purchased for promotional or commercial purposes, particularly for competitions, lotteries, internal incentive operations and any other similar actions, or as part of a hospitality or travel package (for example, combining flights, hotel and tickets) and/or more generally in any forms of commercial activity whatsoever;
2.4.10 Ticket Holders consent without compensation to the recording, transmission and use of his/her likeness and/or voice by any means by Management and/or partners and/or any licensee;
2.4.11 Children under the age of 16 years must be accompanied by an adult;
2.4.12 Babies shall only be allowed in extraordinary circumstances with special permission from Management. No pushchairs or prams shall be allowed in the Stadia.
3. AGENTS
3.1 The validity of Match Tickets shall only be guaranteed for Tickets bought from accredited and official Agents and Service Providers. A list of these Agents and Service Providers for SA Rugby (Pty) Ltd (to sell tickets globally apart from the European Economic Community) and British Lions Limited (to sell tickets to the European Economic Community only) shall be published on official websites.
3.2 The Ticket Holder and/or Purchaser of tickets shall not:
3.2.1 Resell the maximum of ten (10) Match Tickets to third parties for more than face value, and these tickets may only be used by the Ticket Holder and/or Purchaser and persons accompanying the Ticket Holder and/or Purchaser to the Tour Match – there shall be no resale or transfer above face value;
3.2.2 Use, offer or apply the Match Ticket for promotional or commercial purposes – specifically for competitions and lotteries, or part of a Hospitality or Travel Packages;
3.2.3 Advertise Tickets for sale or transfer.
4. REFUNDS AND LOST TICKETS
4.1 In the event of theft or loss, the Tickets will neither be replaced nor reimbursed. Any Ticket which is defaced or forged will be deemed to be invalid and shall not be replaced or reimbursed.
5. LIABILITY
5.1 Management shall not be liable for any loss or damage of whatsoever nature suffered by the Ticket Holder arising out of or in connection with Tour Matches, howsoever caused.
6. APPLICATION
6.1 These General Ticket Terms and Conditions shall apply to all Ticket Holders in relation to all Tickets, provided, that the Terms and Conditions prohibiting transfer and/or re-sale of Tickets shall not apply to the re-sale of Tickets by officially appointed Agents and Service Providers for SA Rugby (Pty) Ltd and British Lions Limited (including, without limitation the Official Licensed Operators of British Lions Limited); and provided further that the prohibition relating to the use of Tickets as part of Hospitality or Travel Packages shall not apply to such Official Licensed Operators of British Lions Limited as the same are authorized by British Lions Limited to incorporate Tickets in official Travel and/or Hospitality Packages.
