Ref:
Date:
Location:
Photographer:

Terms and Conditions of Workshops and Tours

TERMS AND CONDITIONS
PAUL SAWER
9 ORWELL AVENUE
SAXMUNDHAM
SUFFOLK
IP17 1XY
paulsawer160@btinternet.com
These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Paul Sawer. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Those in white apply to all workshops and tours, those in bold apply only to UK workshops, those in italic apply only to overseas tours.
1. Reservations and payment.
1.1 Workshop reservations can be made by completing a booking form to be sent electronically or by mail to our office address. The person signing the booking form does so on behalf of all individuals included on it, such that they are all bound by the conditions within.
1.2 Confirmation that the workshop or tour has availability will be provided to you and a provisional booking made which is held for 14 days.
1.3 A deposit of £50 per person will be required to confirm your booking within the 14 day provisional booking period.
1.4 For overseas tours a deposit of approximately 20% of the tour cost will be required to confirm your booking within the 14 day provisional booking period.
1.5 The deposit is non refundable however in the event that you need to alter your arrangements it can be used within two years of payment for any other workshop or tour minus any unrecoverable expenses the company has incurred in the arrangement of the event.
1.6 Upon receipt of the deposit the company will issue a booking receipt and this will constitute acceptance of the booking and it is from this point that our contract commences.
1.7 The balance is due no later than 30 days prior to commencement of the workshop. If the balance has not been received by that date the company reserves the right to treat the reservation as cancelled and consequently to forfeit your deposit.
1.8 When a booking is made 30 days or less prior to the date of the UK workshop full payment for the event is required.
1.9 For overseas tours the balance is due no later than 60 days prior to commencement of the workshop. If the balance has not been received by that date the company reserves the right to treat the reservation as cancelled and consequently to forfeit your deposit.
1.10 When a booking is made 60 days or less prior to the date of the overseas tour full payment for the tour is required.
1.11 Upon receipt of any confirmation it is your responsibility to ensure all details are correct. If any information appears incomplete or incorrect you must contact the company immediately. Where the company acts as an agent it will have no responsibility for any errors in documentation and will not be held liable for any further costs incurred by the client except where the company made those errors.
1.12 Unless otherwise agreed the payment is to be made by bank transfer.
1.13 Some events are subject to a minimum number of participants to be viable. The company reserves the right to cancel any event without penalty and a full refund of all monies paid will be given to clients should the event not be deemed viable. Should the cost of an event have been erroneously advertised the company reserves the right to amend the cost. The client may in this case cancel the booking and all monies paid will be refunded in full.
2. Cancellations & Changes Made by You and Transfer of Booking
2.1 Any cancellation of a booking must be made in writing and will only come into effect upon its acknowledged receipt by the company.
2.2 For UK workshops if notice of cancellation is received more than 30 days before commencement of the workshop the cancellation charge is limited to the per person deposit amount. This deposit can still be used within two years of payment for any other UK workshop or tour minus any unrecoverable expenses the company has incurred in the arrangement of the event.
2.3 If notice of cancellation is received 30 days or less before commencement of the UK workshop the cancellation charge will be the full workshop price.
2.4 For overseas tours if notice of cancellation is received more than 60 days before commencement of the workshop the cancellation charge is limited to the per person deposit amount.
2.5 If notice of cancellation is received 60 days or less before commencement of the overseas tour the cancellation charge will be the full tour price.
2.6 It is advised that all cancellation requests are sent by recorded delivery.


2.7 The cancellation charges have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your workshop within the stipulated time period, taking into account the charges we will incur from our suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.
IMPORTANT NOTE: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charges above.
2.8 Should one or more member of a party cancel, it may increase the per person workshop price of those still attending and you will be liable to pay this increase.
2.9 If you fail to arrive at the arranged meeting time and place the company shall be entitled to treat your reservation as cancelled without notice and the provisions above apply.
2.10 Transfer of Booking:
If you or any member of your party is prevented from attending, 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 workshop;
b. we are notified not less than 7 days before commencement;
c. you pay any outstanding balance payment, an amendment fee of £10 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 the above clauses will apply in order to cover our estimated costs. Otherwise, no refunds will be given for persons not attending or for unused services.

2.11 Cancellation by You due to Unavoidable & Extraordinary Circumstances
[/i]
[i]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 significant 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.




3. If We Change or Cancel
3.1 Should the weather or any unavoidable and extraordinary circumstance beyond the company’s control dictate that the company is unable to operate a workshop then the company will either offer an alternative workshop or refund all monies paid in full. The company will not be held liable for any further costs incurred by the client in connection with the workshop. The decision as to whether or not the workshop can operate is the sole decision of the company.
Most events are not weather dependant and will continue to operate either in their original or in an amended format.
3.2 Whilst the company will endeavour to provide the service outlined on its website the nature of the subject dictates the company cannot be held responsible for the absence of certain animals. The company reserves the right to amend itineraries as it deems necessary.
3.3 If the company decides to cancel the workshop for any reason all monies paid to the company will be refunded in full. The company will not be held liable for any further costs incurred by the client in connection with the workshop.
3.4 If we make an insignificant change to your workshop we will make reasonable efforts to inform you as soon as reasonably possible if there is time before it occurs but we will have no liability to you.
3.5 Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant change” include the following when made before departure:
- a change of accommodation area for the whole or a significant part of your time away
- a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away
- a significant change to your itinerary, missing out one or more destination entirely.
If we have to make a significant change or cancel, 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 (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable or higher standard from us, if available (at no extra cost); or
iv 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.
[/i]
[i]You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume you have chosen to accept the change or alternative booking arrangements.



3.6 No refunds are offered
1. If you leave the workshop early.
2. If you suffer any loss or inconvenience due to negligence, actions or omissions on your part or on the part of anyone not connected with the company.
3. If you suffer any loss or inconvenience as a result of travelling without the correct documentation.
3.7 The company reserves the right to cancel an event that is deemed not to be financially viable due to an insufficient number of participants. In this case the company reserves the right to cancel the event without penalty and a full refund of all monies paid will be given to clients. The company will not be held liable for any further costs incurred by a client in connection with that event.
4. General information.
4.1 The company acts as booking agent for other independent companies providing transport, accommodation, photographic subjects and/or other services. Each of these companies operates within its own management and is outside of the control of the company.
4.2 As the independent operators and their suppliers are outside of control of the company it cannot be liable for any personal loss, illness, injury or death or property loss or damage which may arise out of these services.
4.3 The company draws your attention to the fact that there are certain inherent risks involved in participating in some of the packages sold by the company. The company will ask you to sign a release to acknowledge this warning and also to release and hold harmless the company from any damages that may result.
4.4 All booking for overseas tours are accepted by the company as agent for the independent overseas ground operators. All services provided by the ground operators are subject to each company’s terms and conditions which will be made available and must be agreed to at the time of booking.
5. Conditions of booking.
5.1 Most events are not of a strenuous nature however it is your sole responsibility to ensure you are fit enough to undertake the event. The company shall not be liable for any illness, injury or death sustained on a package organised by the company which is not due to gross negligence of the company.
5.2 When submitting the booking form you must advise the company in writing of any special request (dietary, medical, service etc.). The company will endeavour to meet such requests where possible.
5.3 Your safety and enjoyment and that of other participants are important to us. You shall comply with the instructions of the company’s representatives at all times and any action contrary to that advised by a representative of the company is done purely at the client’s risk. The company will not be responsible to anyone for the result of that risk. No client shall be accepted or be permitted to continue on any workshop where their behaviour, mental or physical condition is, in the opinion of any representative of the company rendering them incapable of caring for themselves or affects other clients. The company’s decision is final and the company will not be responsible for any expenses incurred by such persons excluded from the package for this reason. No refunds are offered for uncompleted workshops.
5.4 Your booking is accepted on the understanding that you realise the inconvenience and discomfort involved on certain workshops due to an absence or lack of facilities. Workshop itineraries will be adhered to whenever possible but should be viewed as indication of the event and not as a contractual obligation on the part of the company. Circumstances may force the itinerary to change significantly and with these changes possible inconvenience or disappointment. The company will seek to reduce these negatives and always endeavour to provide suitable alternative arrangements.
5.5 The company reserves the right to decline to accept or retain any individual on any workshop regardless of whether full payment has been made. It will be at the sole and absolute discretion of the company if any such individual has impeded the operation of the workshop or the rights, safety or enjoyment of other members or any providers of goods or services on any workshop. Refunds of any monies paid to the company, if any, will be at the sole and absolute discretion of the company, it being agreed that any behaviour that results in removal from a workshop may result in complete forfeiture of any monies paid.
5.6 Whilst the company may offer advice on travel documentation it is your sole responsibility to ensure that passports, visas, health certificates and any other documentation required for the tour are obtained and in order. It is your responsibility to meet any additional expenses incurred either by yourself or by the company on your behalf as a result of any failure by you to abide by such requirements. The company will not be held liable for any failure on the part of a client to be in possession of the correct travel documentation.
6. Vouchers
6.1 Vouchers are valid for 24 months after purchase. There will be no remaining value after this time has elapsed. If requested the company may alter venues/dates that are specified on a voucher. Any part of a voucher that remains unused within the expiry date will result in another voucher being issued for that amount with an expiry identical to the original.
6.2 Where a workshop or tour has been purchased with a voucher and the company cancels the event then the holder is entitled to a replacement voucher. No cash alternative is offered.
7. Complaints
7.1 If you have any cause for complaint you must bring it to the immediate attention of the company’s representative in order that it can be dealt with promptly. If your complaint cannot be dealt with to your satisfaction then the nature of your complaint must be received in writing promptly and preferably within 14 days of the ending of the workshop. The company will not be under any liability in respect of any claim of which we are not notified in writing within one month of the workshop ending.
8. Insurance
8.1 You are responsible for ensuring you have adequate insurance in place for any workshop or tour. It is strongly recommended that insurance covers accidental death and disability, repatriation, medical expenses, cancellation, curtailment and loss of personal items. It is mandatory that all clients have adequate travel insurance for overseas trips although it can be useful to have insurance in place to cover against any event that may cause cancellation of a UK workshop. Any claims concerning matters covered by your insurance must be directed to your insurers.
9. Force majeure
9.1 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 “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
9.2 If the Company is affected by Force Majeure it shall forthwith notify you of the nature and extent thereof.
9.3 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
9.4 If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by the Company to you as a result of the non-performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavours to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.
9.5 Regarding civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip.

10. Notice of enforceability
When you book any services with the Company, you are entering into a binding agreement that assumes all terms and conditions are agreed and fully understood as stated.

11. Your personal responsibility
The onus is on all individuals concerned to fully acquaint themselves with the Terms and Conditions and all matters including itineraries, passports, visas, required documentation, payment schedules and cancellation policies.
12. Our responsibilities
Our basic obligation under this contract is to select suppliers with reasonable skill and care. We have no liability to you for the actual provision of the arrangements except in cases where it is proved we have breached our duty and damage to you has been caused.