The Booking Conditions in place when you make your booking will apply to your trip. If you are rebooking a trip with a credit voucher you will be agreeing to the most current version of the Booking Conditions in place when you rebook.

Please read and understand the conditions of booking set out below (Booking Conditions) prior to booking a trip with us as they set out your legal rights and obligations in relation to your booking.

Please also read the Essential Trip Notes and Important Notes relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking. The Essential Trip Notes and Important Notes relevant to your Trip are located on our website.  

Your attention is particularly drawn to the following clauses which contain important information about your rights and the extent of our liability to you: 7 (Cancellation by you), 8 (Cancellations or changes by us), 10 (Amendments by you), 20 (Our responsibility for the performance of your package), and 21 (Price Reduction and Compensation for Damages).

1. Our contract  

Your booking is made with The Creative Trail Limited (16431998) who is the organiser of your holiday (us/we/our).  

By booking a trip with us you have agreed to be bound by the terms and conditions set out in:

 (a) these Booking Conditions; and
 (b) Essential Trip Notes and Important Notes that apply to your trip.
(all of which constitutes the entire agreement between you and us).

By booking a trip with us, you are consenting on behalf of yourselves and all others on the booking that all participants included on the booking have read these Terms & Conditions in full, are fully aware of them, and accepts these conditions. You also agree that you have read and agree to the Essential Trip Notes and Important Notes, which includes (but is not limited to) the itinerary, style and physical demands of the trip. You are also consenting to supply us with any information, including health information, that we may reasonably require in order to supply our tour, ensuring that this information is complete and accurate.

It is also your responsibility to advise us in writing, at the time of booking, of any medical or other ailment or allergy. We must also be notified of any special dietary requirement(s). You are responsible for ensuring that the holiday you select is within your physical capabilities. Our trips involve sightseeing in busy areas and sometimes on uneven surfaces. Our tours are not strenuous, but you must be fit enough to be able to manage the requirements of the itinerary.

Dietary requirements / allergies: although we will try our best to help where we can, we are unable to give absolute assurance over the contents of your food, and the contact of it with allergens. This is particularly important when travelling to developing countries, such as India, which are not subject to the same strong legal framework for food labelling and exposure as in developed countries. Please contact us if you’d like to discuss this further. It is your responsibility to supply us with any other information that we may reasonably require in order to supply our tour, ensuring that this information is complete and accurate.

As mentioned above, if you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not a guarantee that the request will be met by the relevant supplier. All special requests are subject to availability. Special requirements we have accepted will be specifically confirmed as accepted on your confirmation. Overseas accommodation, transport (including transfers) and other holiday services provided may not be designed to meet the needs of all disabled holidaymakers. Sometimes our suppliers might not be able to meet your requirements, but we’ll be happy to discuss other options with you. If special arrangements do need to be made, an extra charge may apply, this may be the case either before you go or when you arrive in the destination.

Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. 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. To make a booking, please return the booking form signed and completed together with the non-refundable deposit.

If a booking has been made on your behalf by another individual, then you agree that the individual who made the booking may make amendments to your booking or cancel your booking on your behalf.

If you are making a booking on behalf of another individual, you must ensure that you inform them, prior to making the booking, of the terms and conditions set out in:

• these Booking Conditions; and
• Essential Trip Notes and Important Notes that apply to your trip

The person who completes the booking is the ‘Lead Name’. The Lead Name is the person who is entering into the contract with us. By making a booking, the Lead Name is agreeing to these booking conditions (which include the information in the Essential Trip Notes pages). The Lead Name is the person responsible for paying the total booking price, including any subsequent cancellation or amendment charges that may be payable – even if any of the other people travelling on the booking fail to pay their share of the price.

The Lead Name agrees to provide all those who are named as passengers on the booking with accurate and full information regarding the travel arrangements booked, including any changes made to those arrangements by us or the Lead Name, and confirms that all those named passengers, including any that may be added at a later date, agree to be named on the booking and agree to be bound by these booking conditions (which include the Essential Trip Notes). When a booking has been confirmed by us, only the Lead Name can cancel or amend the booking. However, in the case of the death or serious illness of the Lead Name we will accept a written instruction to cancel or amend signed by another person named on the booking.

2. Privacy policy

Any personal information that we collect about you will be handled in accordance with our Privacy Policy.   

If you are providing us with the personal information of another person, such as when you make a booking on behalf of a group or provide details of an emergency contact, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to your acting on their behalf.

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our Privacy Policy. 

3. Deposit requirement and Payments

You are required to pay a deposit for your booking.  By agreeing to our terms and conditions, you agree to paying the stipulated deposit to secure your place on the tour, and to pay the remaining balance, in full, on the date stipulated:

For Tours to Europe: 

• This is 65 days before departure. If your booking is made within 65 days of the departure date, then the full amount is payable at the time of booking. A booking is accepted only after you complete the booking form, agree to our Terms and Conditions and the Essential Trip Notes and Important Notes, pay the stipulated deposit, and when we issue a confirmation invoice. Completion of this results in a contract between you and The Creative Trail from the date of issue of the confirmation invoice. Please refer to the booking confirmation invoice for details regarding final payments. The balance for the tour must be paid not later than 65 days before departure. You must pay this on time to keep your place on the tour. If you do not pay the balance within 65 days, The Creative Trail may treat the booking as cancelled by you and normal cancellation policy will apply. We reserve the right to cancel your booking and to retain your deposit in accordance with these Booking Conditions.

For Tours to India: 

• This is 125 days before departure. If your booking is made within 125 days of the departure date, then the full amount is payable at the time of booking. A booking is accepted only after you complete the booking form, agree to our Terms and Conditions and the Essential Trip Notes, pay the stipulated deposit, and when we issue a confirmation invoice. Completion of this results in a contract between you and The Creative Trail from the date of issue of the confirmation invoice. Please refer to the booking confirmation invoice for details regarding final payments. The balance for the tour must be paid not later than 125 days before departure. You must pay this on time to keep your place on the tour. If you do not pay the balance within 125 days, The Creative Trail may treat the booking as cancelled by you and normal cancellation policy will apply. We reserve the right to cancel your booking and to retain your deposit in accordance with these Booking Conditions.

4. Acceptance of booking and final payments

If we accept your booking, we will issue you with a booking confirmation invoice.  A contract will exist between you and us from the date we issue the confirmation.

Please check the details on your confirmation invoice carefully. It is your responsibility to check this information and advise us of any inaccuracies within 14 days of receipt, failing which we cannot accept any liability. As mentioned above, please refer to your booking confirmation invoice for details regarding final payments as we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.

5. Prices and surcharges  

Our advertised trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time.

Any reduced pricing or discounts that may become available after we have confirmed your booking (in accordance with clause 4 (Acceptance of booking and final payments)) will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause 7 (Cancellation by You).

The most up to date pricing is available on our website. We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice.

We reserve the right to change the price of your trip after we have issued our booking confirmation invoice in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties not directly involved in the performance of your trip, including tourist taxes or (iii) the exchange rates relevant to your trip. We will only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your package, together with a calculation and an explanation for this change.  In such instances we will be responsible for and absorb any increase up to 2% of the trip price and you will be responsible for the amount over and above that. If any price increase results in an increase of more than 8% of the trip price you may: (i) accept and pay for the price increase, (ii) cancel the booking and obtain a full refund; or (iii) cancel the booking, obtain a full refund and change to an alternative holiday, if available and offered by us. You must tell us of your decision within 7 days of us notifying you of the price increase. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the booking and provide you with a refund. If you decide to reject the price increase and cancel the booking with a full refund, you may also be entitled to compensation in accordance with paragraph 21 below.

Should the cost of your trip decrease due to the changes mentioned above then you will be entitled to a price reduction for your trip. We will be entitled to deduct our administrative expenses of this process, for which we will provide a breakdown if you ask.

Please note that travel arrangements are not always purchased by us in local currency and so changes in exchange rates may have no impact on the cost of your trip due to the arrangements we have in place.

6. Your details  

For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip. For more information about how we treat your personal information please refer to our Privacy Policy.

7. Cancellation by you

If you cancel some or all portions of your booking the cancellation terms set out below will apply.  A cancellation will only be effective once we have received written confirmation from you that you wish to cancel.

Only the Lead Name on the booking can ask us to cancel it or to remove any of the named passengers from it. After we have issued the holiday receipt, you must put your instruction to cancel the booking or cancel off any passenger in writing and send it to our correspondence address as stated on our confirmation invoice.

The deposit and all other payments for the trip that we have received from you will be put towards the cancellation fees detailed below. In the event that you do cancel your booking , and the amount you have already paid does not cover the cancellation fees set out below, you must pay any difference between the amount you have paid and the cancellation fee applied. 

Any cancellations made more than:

• 125 days to the departure date for Indian trips
• 65 days to the departure date for European trips

will result in the retention of the deposit.

Any cancellations made within:

• 125 days of the departure date for Indian trips
• 65 day of departure date for European trips

will result in the retention of the full cost of the tour, as we will have made payments to our suppliers in advance.

If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services.  If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees. Should one or more member of a party cancel, it may be necessary to increase the per person holiday price of those still travelling and you will be liable to pay this increase.

As per the Travel Insurance section in this document, please ensure you choose the correct insurance policy to cover you in this situation.

See clause 10 below for more details about when, in some cases, a replacement traveller is secured. This option will be evaluated on a case-by-case basis and may not be applicable to your trip.

There are no exceptions to this cancellation and refund policy. For this and other reasons, we encourage you to purchase trip cancellation and interruption insurance and travel protection (i.e. travel medical insurance and emergency evacuation services).

The Creative Trail is not responsible for expenses incurred by participants in preparing for a trip (e.g. non-refundable advance purchase air tickets, equipment, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified or cancelled by us or by you for any reason. Because the tour may be cancelled when a minimum number of participants have not signed up, we recommend that you wait until we have confirmed with you that we have a sufficient number of participants for the tour to go ahead.

8. Cancellation or changes by us

While we endeavour to operate all trips as described, and remedy any changes where it is possible and appropriate to do so, we reserve the right in any circumstances to cancel or make changes to your holiday at our sole discretion.

We ask that you appreciate and acknowledge that the nature of this type of travel requires flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

In the event that the trip hosts are unable to travel for example, but not limited to, due to them or an immediate family member experiencing an untimely illness or death, The Creative Trail reserves the right to find a suitable replacement to lead the excursion so that the trip will continue as planned.

We also reserve the right for any reason or at any time, at our sole discretion, to decline to accept or to retain any person on a holiday as a guest particularly if their conduct is disruptive and affecting the enjoyment of other participants on the trip, and we shall be under no liability for any costs incurred by such a person as a result of our doing so.

Minimum Group size: If the minimum group size is not met we may cancel your booking and provide you with a full. 

From time to time we may need to make a change to your booking and we reserve the right to do so at any time. A change to the itinerary may be a Minor Change or a Significant Change, for which see below.

Minor Changes: Most changes are ‘Minor Changes’ which we are permitted to make without incurring any liability to you. A Minor Change may include, for example, but is not limited to: any change to a route and/or stopping points, a change of accommodation to another of the same or better standard with the same main features in the same destination, or changes to services available at your accommodation.

Significant Changes: Occasionally we may need to make a ‘Significant Change’ that we are constrained to make to the main characteristics of your booking, or where we cannot fulfil any of your special requirements which we have accepted. A Significant Change could include a change affecting at least one day in five of the itinerary, a change of accommodation to a different area/resort or to that of a lower standard for the whole or a significant part of your trip.

If we must make a Significant Change, we will tell you as soon as possible and you will have the option of: 

1. a) accepting the proposed change. If this results in a booking or trip of lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below; or
2. b) rejecting the proposed change and cancelling your booking with a full refund of monies paid; or
3. c) rejecting the proposed change, cancelling your booking and making an alternative booking if we offer this. If you decide to take an alternative booking, we will inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below.

Cancellation: On rare occasions we may have to cancel your booking (for reasons other than those set out at clause 9), and we reserve the right to do so. If we must cancel, we will notify you as soon as possible. We will also offer you an alternative booking if we are able to do so, and inform you of its impact on the price of your trip. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with clause 21 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the booking.

We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled. 

We will not pay you compensation and the options set out above will not be available if we make any change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Important Note regarding credit:

In place of a refund, we may offer you the choice of a credit voucher instead of a cash refund when you are entitled to a full or partial refund. Any credit issued to you:

• does not have an expiry date;
• may be applied towards any other available trip offered by us;
• is not transferrable to another person or redeemable for cash;
• Upon rebooking a trip using credit, please see clause 25(Financial Protection) for information about what consumer protection will apply to this booking.

9. Cancellation by You or Us due to Unavoidable and Extraordinary Circumstances: 

In addition to the cancellation rights set out above, you have the right to cancel your confirmed holiday before departure, and we may be required to cancel your trip, 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 (provided we have notified you without undue delay before the start of your trip).  

For the purposes of this clause 9, “unavoidable and extraordinary circumstances” means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism (and threat thereof), industrial disputes, labour strikes, fire, chemical or biological disaster, 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 destination.

When determining whether or not cancellation rights for unavoidable and extraordinary circumstances have arisen, we consider the advice of national authorities such as where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. Please visit the Foreign, Commonwealth and Development Office’s (“FCDO”) website to review the latest travel advice about your destination.  However, this is not the only factor we take into account in determining whether these cancellation rights have arisen.

Except as set out in these Booking Conditions, we and our suppliers have no responsibility or liability to you for any failure to perform, or a delay in performing, any obligations owed to you which are caused by unavoidable and extraordinary circumstances.

Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10. Booking amendments by you and transfers of bookings

Transfers to a third party are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. You and the transferee will be jointly and individually liable for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. There will be an £700 administration charge to carry out this transfer. No amendments are permitted to your booking within 56 days of departure.

However, 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, as well as any additional fees, charges or other costs arising from the transfer which we will notify you of on your request to transfer;  and 
(d) the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee will be jointly and individually liable for payment of all sums. If you are unable to find a replacement, any cancellation charges set out in clause 7(Cancellation by you) will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

If you wish to make a change to your booking after we have issued our booking confirmation invoice, please contact us. We will try to accommodate your request but do not have a legal obligation to do so. Please understand that it is often not possible for us to as changes may depend on availability and the terms and conditions of our suppliers. Change fees may be payable in some circumstances.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation fee of up to 100% of that part of the trip. 

11. Inclusions   

The land price of your trip includes:

• all accommodation as listed in the Essential Trip Notes
• all transport listed in the Essential Trip Notes
• sightseeing and meals as listed in the Essential Trip Notes
• the services of a group leader as described in the Essential Trip Notes

12. Exclusions   

The land price of your trip does not include:

• international or internal flights
• meals other than those specified in the Essential Trip Notes
• visa and passport fees
• travel insurance 
• optional activities and all personal expenses

​13. Age & Health requirements 

Minimum Age: The minimum age is 18 at the time of travel.  

Maximum Age: We have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.  We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Please refer to the Essential Trip Notes that relates to your trip.

14. Late Bookings

For bookings received within 125 days of departure for India and 65 days of departure for Europe, we reserve the right to pass on extra costs involved in obtaining accommodation or other services if our group allocation of each has been released back to the supplier. We will notify you of these before booking.

15. Passport, visas  and health formalities

It’s your responsibility to make you have valid travel documents – including passports and visas.

Check the latest advice from your embassy or consulate for Government Foreign Travel Advice. Please note, this can be subject to change.

Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary. The Creative Trail is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired traveller documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document.

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport (with sufficient remaining validity beyond the final date of travel) and all travel documents required by us and/or the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies.

Visas are your responsibility. The entry requirement for entering a country can change at any time, so it is important that you are aware of the latest information. Please check the destination country’s consular website for detailed and up-to-date information for your specific nationality. Any questions, please let us now. Please ensure you know the requirements for you and allow enough time to acquire the visa.

For UK residents booking European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). See clause 16 below for more information about compulsory health insurance.

You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for all of the costs you incur as a result of missing or defective documentation. You also agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation. We are not liable for any losses or costs incurred as a result of your failure to comply with these requirements.

16. Travel insurance 

Travel insurance is mandatory for all our travellers and must be taken out at the time of booking.  Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of GBP£150,000 / US$200,000 (or equivalent) for each of the categories of cover.

We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions. 

It is your responsibility to ensure that you have read and understood all the details of your travel insurance policy. This responsibility includes ensuring your policy covers all activities (optional and included) listed in the Essential Trip Notes itinerary.

You are also responsible for ensuring that the policy does not contain exclusion clauses which would mean you cannot access the cover you might reasonably need.

We cannot be responsible for any costs you incur as a result of failing to take out adequate travel insurance.

You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure The Creative Trail’s requirements are satisfied. You also agree to assume all costs of medical care, evacuation, transportation, and related costs.

As stated on the Essential Trip Notes, we require your travel insurance policy number and the insurance company’s 24 hour emergency contact number at least two weeks before travel. If you have not provided it by the first day of your trip you will not be able to join the trip.  If you have travel insurance connected to your credit card or bank account please ensure you provide the details of the participating insurer, the insurance policy number and emergency contact number rather than the bank’s name and credit card details. 

17. Change of itinerary

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration sometimes without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary, which may be before or after your departure. We will notify you of any changes to the itinerary.

Before departure:  If we make a Significant Change, the ‘Significant Change’ section in clause 8 (Cancellation or changes by us) above will apply.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.   Where this occurs, we will make alternative arrangements for you at no extra charge. If the alternative arrangements are of a lower quality you will be entitled to a price reduction in accordance with clause 21 below and you may be entitled to compensation for any damage you sustain as a result of the package being changed.

18. Authority on tour  

Our trips are generally run by group leaders or local representatives. The decision of the Leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Leader, interfere with the well-being of the group or our ability to run a trip as planned, the Leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in a responsible way. 

19. Acceptance of risk 

You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. 

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. 

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

20. Limitation of liability

To the extent applicable, when you book directly through The Creative Trail, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (UK) (PTR).

For direct bookings, as the organiser, we are responsible for the performance of all travel services included in your package, which are set out in your booking confirmation invoice.

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package (Failure). This will give us the opportunity to resolve the Failure whilst you are on your trip. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with clause 21.

When alternative arrangements may be offered

If a significant portion of your package cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your trip. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in clause 21 below.

You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in your booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Remedy for a Failure

If a Failure substantially affects the performance of your package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your trip or terminate your booking without paying a termination fee.

If you decide to terminate, then if your package included carriage to the destination, we will also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with clause 21.

Additional accommodation in the event of Unavoidable and Extraordinary Circumstances

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 or pregnant women, 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.

If a longer period of accommodation than that referred to above is provided for in Passenger Rights Legislation (as described in the PTR) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of unavoidable or extraordinary circumstances, then the limits set out in such legislation will apply instead.

The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: whether the complaints procedure as described in these Booking Conditions was followed 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.

21. Price Reduction and Compensation for Damages

You will be entitled to an appropriate price reduction for any period during which there is a Failure (as described in clause 20 above), unless the Failure is attributable to you.

You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:

1.  attributable to you;
    ii.   attributable to a third party unconnected with the provision of the services included in your package and the event is unforeseeable or unavoidable; or
    iii.   due to unavoidable and extraordinary circumstances .

Where your trip arrangements involve hotel accommodation: the compensation is limited by Paris Convention 1962 (provision of accommodation). We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions. We can provide copies of these conventions from our offices upon request.

Our liability to you in connection with your Package shall be limited to a maximum of three (3) times the price paid except in cases involving death, injury or illness where we or the travel service providers have caused such damage intentionally or with negligence.  In the case of damaged property, our liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases we specifically exclude all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

You agree to assign to us your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury and you must provide us and our insurers with all assistance we may reasonably require. You must notify any claim to us strictly in accordance with the complaints procedure set out in these Booking Conditions.

22. Optional activities 

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. We do not control or operate these services and accept no liability for their performance, safety standards, or quality.

Guides or tour leaders accompanying your trip may, on occasion, offer optional outings or informal activities outside of the published itinerary. These are offered at the guide’s own discretion and are not part of the package. Participation in such activities is entirely optional and at your own risk. We accept no liability for any loss, damage, injury or disappointment arising from such experiences.

We strongly recommend that you make your own enquiries into the suitability, safety and insurance cover of any optional activities you choose to take part in during your trip.

23. Claims & complaints

General claims

We want all our customers to have an enjoyable time. However, if you have a complaint about your trip you must inform your group leader at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip to louisa@thecreativetrail.com.

It’s difficult and sometimes impossible to properly investigate a complaint if we’re not told about it during the Holiday or once it’s over. Failure to follow the procedure set out in this clause 23 during your Holiday, and/or failure to complain within 30 days of your return, may affect ours and the applicable supplier’s ability to investigate your complaint, and may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your Holiday, you or we could have taken steps to reduce any loss or damage suffered or could have entirely prevented it from being suffered.

If we can’t resolve your complaint, you can go to Citizens’ Advice: https://www.citizensadvice.org.uk/

24. Severability 

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

25. Property Damage:

If you or any member of your party causes any damage or breaks anything at your accommodation, you must report it promptly to a member of our staff or to the staff at the accommodation. We and/ or the accommodation owner will hold you liable for paying for any damage you cause to the accommodation, furniture, fixtures, fittings or any other items within or around the accommodation. If you fail to pay, you will also be liable for any legal costs incurred in pursuing a claim against you.

In the interests of safety, you undertake to follow the advice of our representative, guide or hotelier, comply with any local codes of conduct, follow the country code and act sensibly and prudently at all times. You also agree to indemnify us from all loss and/or damage arising from any act of default on your part.  

26. Health and Safety

Due to rough terrain and uneven surfaces, we recommend that you are mindful of where you are walking at all times, including when crossing roads. Crimes against people and property are a fact of life throughout the world and you have the same responsibility for your own safety and your belongings while you’re on holiday as you do at home. It’s best not to approach cats, dogs and other animals as these may carry the rabies disease which can be passed on through bites and scratches.

27. Prompt assistance 

If, whilst you are on the tour, 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 the 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 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.

28. Applicable law

The laws of England and Wales govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of the United Kingdom. Nothing in these Booking Conditions, including this clause 28, affects your rights as a consumer to rely on any applicable local laws.

29. Customer Behaviour

We want all our guests to enjoy a relaxed, creative, and memorable holiday. To help ensure this, we expect all participants to behave responsibly, respectfully and with consideration for others at all times.

If, in our reasonable opinion or that of any person in authority (including tour leaders, accommodation providers, or local guides), your behaviour is likely to cause distress, annoyance, disruption or risk to other guests, our staff, suppliers or property — or if you are deemed unfit or unsafe to continue — we reserve the right to terminate your booking immediately. In such circumstances, you may be removed from the group and prevented from using your accommodation, transport, or any other arrangements made as part of your trip. You will not be entitled to any refund, compensation, or reimbursement of any additional costs incurred as a result.

In serious cases, we may involve local authorities or services where necessary. Alternatively, at our discretion, we may allow you to continue with the trip under specific conditions.

You are fully responsible for any damage or loss caused by your actions, and you may be required to make payment for this directly. We accept no liability for accidents, injuries or losses arising from inappropriate behaviour, reckless conduct or impaired judgment due to alcohol or substance use.

Respect for fellow travellers, staff, and the local community is essential to the success of our tours. We appreciate your cooperation in helping to create a positive experience for everyone.

30. Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.

Packaged Travel Regulations:

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 UK Law (“PTR”).  Therefore you will benefit from all rights applying to packages under UK regulations. We will be fully responsible for the proper performance of the package as a whole.  The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made