Spice Associated Holiday Terms and Conditions
1. Introduction - Spice UK Limited (“Spice”) will endeavour to ensure that the tour operator referred to on the Spice website will provide Spice Members with the holiday featured in the Spice Holiday Information and detailed and featured in the Tour Operators brochure (where applicable). Spice Members should be aware that many holidays offered to Spice Members are of an alternative non-conventional nature to remote, and in some cases, under-developed parts of the world which lack sophistication and the facilities found in Western European Countries. There is, therefore, a risk that holidays offered to Spice Members will, due to the destination’s location, be subject to variations and alterations resulting from local difficulties beyond Spice’s and the Tour Operator’s control.
2. Some Spice holidays are arranged through a Tour Operator that has its own Booking Conditions printed in its brochures and online. When you book a holiday with Spice you accept Spice’s conditions contained in these Conditions and the Tour Operator’s Booking Conditions, as shown online and associated with each individual holiday, copies of which can be made available on request, so far as they are not inconsistent with Spice’s conditions. In the event of any conflict between Spice’s conditions and the conditions of a Tour Operator, Spice’s conditions shall prevail in respect of your holiday. Nothing in these Terms and Conditions shall confer any rights on any third party.
3. Booking and Payment - When booking a holiday you are entering into a legally binding contract and accept the terms and conditions laid out in this document and those of the tour operator.
Your booking deposit may be increased if it is necessary to secure specific facilities with full payment. Once confirmed the booking deposit, additional charges and insurance premiums will not be refunded in the event of cancellation by you. If the booking is made within the balance due period Spice requires payments to be made in full.
3.1 On-line: By booking online members will be deemed to have seen and agreed to the tour operator’s terms and conditions shown on the Spice website. A copy of the operator’s terms and conditions can be made available on request.
3.2 By telephone: The Spice reservation staff will complete your booking and take the required deposit payment by whichever means you supply. You will have deemed to have agreed to the tour operator’s terms and conditions shown on the Spice website. A copy of the operator’s terms and conditions can be made available on request.
3.3 Deposit: Your deposit will be passed to the tour operator to hold towards the full cost of the holiday.
3.4 Balance: A Balance Request Form will usually be issued at least 10 weeks before departure date. The balance must be received no later than the specified balance due date. Failure to pay the balance does not constitute your intention to cancel your booking which must be made in writing (see cancellation by you 5.1 below). If you do not pay the full cost within the time specified then Spice reserves the right to treat that as a cancellation and in such circumstances will write to you to confirm this. In such cases you will forfeit the deposit paid and be liable to pay any cancellation charges levied by the Tour Operator and Spice’s cancellation charge of £50.
4. Confirmation of Booking - All payments received by Spice at its office for deposits, interim payments and balances will be confirmed in writing to you by email if possible otherwise by post. A final Joining Pack including tickets, rooming lists and any other additional information will be issued to you approximately 10 days before your departure.
5.1 By You: If you fail to pay the full cost of the holiday or if you cancel you will be liable to forfeit the deposit paid (notwithstanding any term to the contrary in the Tour Operator’s Booking Conditions) and to pay all cancellation charges levied on Spice by the Tour Operator. The cancellation charges of the Tour Operator are referred to in the Tour Operator’s Booking Conditions as shown online and associated with each individual holiday, copies of which can be made available on request
All cancellations must be sent in writing (email or post). Spice will respond to your cancellation notification and you should consider yourself booked on the holiday until which time you receive written confirmation of your cancellation. Lack of contact by you or failure to pay the balance will not be deemed as notice to cancel a booking.
5.2 By Spice: Occasionally Spice has to cancel bookings. The main reasons are the Tour Operator cancelling the holiday or the holiday being cancelled owing to a failure to reach the necessary required number of bookings. Spice reserves the right to cancel a holiday at any time if a Tour Operator cancels the holiday under the terms of the Tour Operator’s Booking Conditions contained in the Tour Operator’s brochure or on the tour operators website (the “Tour Operator’s Booking Conditions”)
Spice also reserves the right to cancel a holiday owing to a lack of bookings by Spice Members at any time up to two months before the departure date. If Spice cancels in such circumstances Spice will, if possible, offer an alternative holiday or refund all monies paid by you but Spice will be under no further liability.
6. Non-Members/Ex-Members: Spice is a membership organisation and all holidays are provided as an exclusive benefit of membership. You must be a Spice member at the time of booking a holiday to allow you to travel on that trip.
7.1 Spice will endeavour so far as it is reasonably practical to ensure that Spice and the Tour Operator do not make significant variations to the main elements of the holiday booked. Apart from acts or omissions of those persons providing transport in connection with the holiday for which Spice cannot be responsible, it is sometimes necessary for the Tour Operator to make significant changes to the holiday. If a Tour Operator makes a significant variation to the main elements of the holiday Spice will pay to you any liquidated damages received by Spice from a Tour operator pursuant to the Tour Operator’s Booking Conditions.
7.2 You may up to the balance due date of a holiday, give notice to Spice that you wish to transfer your booking to another Spice Member named by you of the same sex (which is necessary for accommodation purposes) who satisfies all the conditions applicable to the holiday. At the time of giving notice to Spice that you wish to transfer your holiday you must also enclose a written notice from the Spice Member to whom you are transferring the holiday accepting the transfer of the holiday. You will continue to be liable to pay the full cost of the holiday if the Spice Member to whom you wish to transfer the holiday fails to pay the full cost of the holiday and, in addition, you will also be liable to pay to Spice any charge levied by Spice or the Tour Operator for the transfer of the holiday. Either you or the Spice Member to whom you wish to transfer the holiday must pay the full costs of the holiday plus any transfer fees levied by a Tour Operator and Spice’s reasonable transfer fee (to cover administration costs) before the transfer is affected. Any notice given under this condition shall be deemed to be received by Spice upon delivery of a notice to Spice’s office.
In some instances it will not be possible for airline tickets to be transferred; in this instance an additional amount will be payable by the Spice member to whom you are transferring for the cost of a substitute airline ticket. You will remain liable for that cost if the Spice Member to whom you wish to transfer the holiday fails to pay the full cost of the ticket.
7.3 On occasions airlines can make alterations to aircraft type, timing and airports. Spice or the Tour Operator will advise you of such alterations as soon as possible but cannot accept any liability due to such alterations.
8. Surcharges - Spice reserves the right to vary the prices as a result of surcharges as detailed in the Tour Operator’s Booking Conditions. If the surcharges to be levied are in excess of a certain limit specified in the Tour Operator’s Booking Conditions which allow Spice to cancel a holiday and receive a full refund for such a holiday under such Booking Conditions, Spice will refund any monies received from the Tour Operator should you cancel your holiday as a result of such surcharges being levied.
9. Health and Insurance - Insurance cover is compulsory for all holidays offered by Spice. Subject to condition 15.4 Spice is not responsible for any medical expenses incurred by you or for any loss, damage or costs incurred by you as a result of injury or sickness. Please check with your Doctor well before departure for advice on vaccinations and inoculations. Spice cannot be held liable for the cost of cancellation and any fines/other losses arising as a result of such will be borne by the Member in the instance where they fail to ensure they have the necessary vaccinations and inoculations..
10. Visas and Passports - It is your responsibility to ensure that you have an appropriate up to date passport and any necessary visas required for your holiday. Spice cannot be held liable for the cost of cancellation and any fines/other losses arising as a result of such will be borne by the Member in the instance where they fail to ensure they have the necessary travel documents.
11. Complaint - If you have a complaint concerning your holiday arrangements you must report it to either your Spice Holiday Co-ordinator or your local Tour Operator’s representative at the soonest practical opportunity. If you make a complaint upon return from your holiday you must notify Spice of any complaint 10 days prior to the date upon which any notice of complaint must be received by the Tour Operator in accordance with the Tour Operator’s Booking Conditions. Failure to complain on the spot may result in a reduction or extinction of any compensation which you may be otherwise entitled to. Upon receiving a complaint Spice shall use reasonable endeavours to assist you with making your complaint to the Tour Operator but Spice shall not be responsible or be liable to compensate you in respect of any matters upon which your complaint is based. Spice will pay to you all monies received by Spice from the Tour Operator resulting from your complaint to the Tour Operator.
12. Emergency Contact - In the event of an emergency whilst on a Spice holiday you should, in the first instance, contact the Spice Holiday Co-ordinator or your local Tour Operator’s representative otherwise please contact Spice’s office on Telephone: 0161 873 8788 (24 hour answering service) or 07778 298497.
13. Baggage and Personal Effects - Spice will not be responsible for loss of or damage to baggage, personal effects, money or documents.
14. Security for monies paid over and registration - Deposits and prepayments are secured by being deposited in a designated Trust Account. The Trust Account also holds funds to enable Spice Members to be repatriated in the event of insolvency.
15.1 Where you do not suffer personal injury, Spice accepts no liability, and shall not be liable to compensate you for any damages or loss (including both direct and indirect losses and loss of enjoyment), if any of the holiday arrangements booked with Spice are not supplied as described in the Spice Holiday Information Form or the Tour Operator’s Brochure save that Spice will use reasonable endeavours to assist you to make a complaint to a Tour Operator in accordance with Clause 10.
15.2 Spice shall not be liable to compensate you for loss of enjoyment of your holiday arrangements if the failure in the enjoyment of your holiday arrangements was your fault, or could not have been foreseen or avoided by Spice or the Tour Operator or the Tour Operator’s suppliers or if the failure in the holiday arrangements was occasioned by the actions of someone unconnected with the holiday arrangements.
15.3 Spice’s liability to compensate you for any damages or loss (including both direct and indirect losses and loss of enjoyment) shall not in any event be greater than the Tour Operator’s liability to compensate you for damages and loss specified in the Tour Operator’s Booking Conditions.
15.4 Where you or your guests suffer death or personal injury as a result of an activity forming part of the holiday arrangements, Spice shall be liable to compensate you or your guests if the death or personal injury suffered by you or your guests is as result of Spice’s or a Spice Holiday Co-ordinator’s negligence. Spice shall not be liable to compensate you or your guests for death or personal injury resulting from the negligent act or omission of any other person, including the Tour Operator, its employees, contractors and suppliers.
15.5 Where it is deemed that Spice is liable to compensate its Members then Members are obliged to fully assist Spice in recovering any amounts it may seek to recover from a third party including but limited to a tour operator, hotel and airline.
16. Holiday Participation - By booking a Spice holiday you agree to accept the authority and decision of the Spice Holiday Co-ordinator accompanying your party and any other tour leaders and agents appointed by Spice or a Tour Operator whilst on holiday with Spice. If in the opinion of any such person the health or conduct of any Spice Member before or after departure, appears likely to endanger the safety of themselves or other Spice Members then the Spice Member so endangering the party may be excluded for all or any part of the tour.
17. Law - This contract, including all matters arising from it, is subject to English Law and the exclusive jurisdiction of the English Courts.