Terms & Conditions of Service

BOOKING CONDITIONS

These Booking Conditions, together with our privacy policy and where your package is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Thailand Takeover (“we”, “us”, “our”). 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.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
  2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. he/she is over 18 years of age and resident in the United Kingdom and that all members of their party are over 18 years of age;
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. Booking & Paying For Your Arrangements

A booking is made with us when you pay us the necessary initial payment (as set out below – or make full payment, where you are booking within 8 weeks of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.

When you book a place on most trips you have the following options with regards to deposits and payments:

  1. Full Payment: Simply sign up and, once you are accepted onto one of our packages, then pay the full cost of the chosen package in full, immediately.
  2. Payment Plan: Pay the initial figure advised to you at time of booking and, thereafter, make equal monthly payments starting from the first month following your booking and culminating no later than two calendar months before departure. You will be advised of the applicable amount of the up-front fee and monthly payments, at the time of booking.

If you choose the Payment Plan:

  1. You must pay the first payment on a debit or credit card.
  2. You give consent for that card to be charged on a monthly or weekly basis the amounts of the payments agreed in the payment plan.

The Payment Plan does not apply if you book your package within 8 weeks of departure. By paying in this way you agree to us processing your payment details and storing them via tokenisation on a PCI compliant server provided by our third party payment provider, Stripe LLC. You agree for any due payments to be automatically retrieved from the account associated with these details by Thailand Takeover.

Please Note: should any of the payments that you are due to make to us as part of your Payment Plan fail, we will attempt to take the payment in question again. If the requested payment continues to fail we will treat your booking as cancelled and impose the cancellation charges set out in clause 11.

3. Regardless of the payment method you have chosen, if we do not receive the balance of your chosen Package in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 11 below will become payable.

If you book more than one trip at the same time as part of your travel itinerary, you may have to pay more than one deposit, depending which trips you choose.

Initial screening:

For all of our packages you will be required to submit an application. This is to ensure your suitability to take part in our packages. We will let you know if you have been successful by email and phone.

Following the application if, for whatever reason, we consider that we are not able to accept you onto Thailand Takeover we will cancel your booking and provide you with a full refund of all sums you have paid to us, at that point

4. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any marketing material we may publish are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

5. Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses, travel interruption or disruption (including for any FCO restrictions if unable to travel), and repatriation in the event of accident, pandemic, epidemic, terrorism, ‘act of god’ or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

6. Pricing

The price of your travel package is set in pounds sterling (£), regardless of your chosen package.

We reserve the right to amend the price of unsold packages at any time and correct errors in the prices of confirmed bookings of packages. We also reserve the right to increase the price of confirmed packages solely to allow for increases which are a direct consequence of changes in:

  1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;
  2. the level of taxes or fees applicable to the package imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
  3. the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

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

7. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

8. Cutting Your Package Short

If you cut short your package and return home early for any reason, we will not offer you any refund for that part of your package not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

9. If You Change Your Booking & Transfers of Booking

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £30 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 11.

Transfer of Booking:

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

  1. that person is introduced by you and satisfies all the conditions applicable to the package;
  2. we are notified not less than 7 days before departure;
  3. you pay any outstanding balance payment, an amendment fee of £30 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 11 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

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

10. If You Cancel Your Booking Before Departure

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing, via e-mail to info@bali-takeover.com Your notice of cancellation will only take effect when it is received by us and will be effective from the date on which we receive it.

Since we incur costs in cancelling your arrangements, you will have to pay a £59 cancellation charge and we will not proceed with your cancellation until this charge is paid in full.

We cannot cancel your booking if you are within 45 days of departure and you will still be liable to pay the full amount of your balance.

Please note that insurance premiums, third-party costs and amendments charges are not refundable in any circumstances.

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 charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

We will deduct the cancellation charge(s) from any monies you have already paid to us. Please note that any money paid as part of your instalment plan is non-refundable in the case of cancellation by You.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to defer your confirmed package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your package destination or its immediate vicinity and significantly affecting the performance of the package. In these circumstances, we shall provide you with the option to defer your package to another date that is within two years of your original departure date. Please note that your right to defer 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.

If you defer your package to a later date, the cancellation terms will not be updated and will be applied as per your initial booking.

11. If We Change or Cancel

As we plan packages many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make an insignificant change to your package, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard, changes of excursion providers and excursion contents.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

  1. A change of accommodation area for the whole or a significant part of your time away.
  2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  3. A significant change to your itinerary, missing out one or more destinations entirely.

Cancellation: We will not cancel your package less than 62 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your package before this date if, e.g., the minimum number of clients required for a particular package is not reached. Please Note: for all packages that we offer, we require a minimum number of 5 travellers to have booked on to the package, in order for us to be able to operate it.

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:

  1. (for significant changes) accepting the changed arrangements; or
  2. deferral of your placement to a later date; or

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 that you have chosen to accept the change or alternative booking arrangements.

12. Force Majeure

We will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include 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, pandemics, epidemics 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, labour strikes, 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. 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.

13. Special Requests

Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

15. Complaints

We make every effort to ensure that your package run smoothly but if you do have a problem during your package, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us via info@bali-takeover.com

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

16. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

17. Our Responsibilities

  1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” as set out below and as such, we are responsible for the proper provision of services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package you may be entitled to an appropriate price reduction or deferral. You must inform us without undue delay of any failure to perform or improper performance of the services included in this package. The level of any such price reduction or deferral will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
  2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it results from:
    1. the acts and/or omissions of the person affected; or
    2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
    3. Force Majeure (as defined in clause 13).
  3. We limit what we may have to pay you if we are found liable under this clause:
    1. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
    2. (b)Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

18. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are taking part in your package are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

19. Passport, Visa and Immigration Requirements & Health Formalities

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

COVID-19 & Additional Costs

Thailand Takeover is not responsible for any additional costs associated with COVID-19 and the affect it may have on your trip. At your time of departure, it may be mandatory for you to provide a Negative COVID-19 test or to have received the COVID-19 vaccination before entering. Please visit the gov.uk website for more information on COVID regulations & travel requirements. If COVID-19 tests and vaccinations are required for you to travel to your destination (or any before, after or between, such as layovers etc) these are an additional expense to be absorbed by the customer, as per these terms and conditions

You will be required to apply for a visa. If you have not applied for your visa at least 10 days prior to your date of arrival or if the Government of your destination does not issue your visa in time to arrive by your start date as listed on your intake, your participation in the package will be cancelled and no refund will be given.

In the event that your visa application in your home country is rejected, the fees paid to us are non-refundable. We strongly advise you to apply for your visa only in your country of citizenship. Visa applications made in a country where the applicant is not a citizen or permanent legal resident may face higher risk of visa denial. We cannot be held liable for visa rejections.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/abroad/passports

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European packages you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://travelaware.campaign.gov.uk/

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

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

20. Conditions of Suppliers

Many of the services which make up your package are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

21. Prompt Assistance

If, whilst you are taking part in your package, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative arrangements or other such assistance you require. 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 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.

22. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your package price from us.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these Booking Conditions (which includes the behaviour of any passenger(s) on any transportation who, for example, fails to check in or board on time).

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

Our advertising material is our responsibility. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements

24. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 13).

25. Additions

By accessing, using or viewing this website, you hereby agree to be bound by this Terms of Use Agreement (“Terms of Use”). Thailand Takeover may revise these Terms of Use at any time by updating this posting. If you access, use or view this website after such revisions have been made, you will be bound by them. Therefore, you are advised to periodically review this page for such revisions. If you do not agree to our Terms of Use, please exit this website.

It is your responsibility to be aware of the latest terms and conditions. Failure to acknowledge changes in our terms and conditions may result in the termination of your application without deferral or refund.