Terms and Conditions - Shearings Holidays
Please read the following terms and conditions carefully.
It is important that you read the following Booking Conditions.
These Booking Conditions together with our ‘Things You Need To Know’ (which accompany our brochures, appear on
our website and are available on request), our Privacy Policy , where you book through our website, our Website
Terms of Use and any other written information we have brought to your attention before we confirmed your
booking, form the basis of your contract with Shearings Travel Limited, with registered office Sunway House, Canklow
Meadows, Rotherham, South Yorkshire S60 2XR and company number 03746239 (“we”, “us”, “our”). Please read
these Booking Conditions carefully as it applies to all bookings you make with us unless otherwise specified and 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:
(a) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
(b) 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);
(c) he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age
restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(d) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
References to “departure” are to the start date of the holiday arrangements booked with us. Travel documents are
sent by post or via Manage My Booking or by e-mail. Except where otherwise stated, you may contact us by e-mail for
any of the reasons mentioned in our Booking Conditions providing you contact us at
customer.services@shearings.com.
1. HOLIDAY PAYMENT (INCLUDING AUTOMATED BALANCE PAYMENTS)
You must pay a deposit per person (as shown in our applicable brochure and on our website) together with all
applicable insurance premiums (if you wish to purchase the travel insurance we offer) at the time of booking. The
balance of the price of the holiday is due for payment no less than:
(a) 56 days before departure for all UK holidays
(b) 75 Days before departure for all other destinations
We will take payment of the balance of the holiday cost from the debit or credit card used to pay the deposit. Should
you wish to make payment of the balance using a different card or payment method, you may provide this
information at the time of booking or at any time prior to balance due date either by telephone or through Manage
My Booking. If the balance is not paid on time (including where we are unable take payment through our automated
balance payments system), we reserve the right to treat your booking as cancelled by you and apply the cancellation
charges set out in Condition 6. For bookings made on or after the balance due date, the full amount is due at the time
of booking.
Any authorised travel agent of ours through whom you make a booking will be responsible for relaying information
from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or
referred to in these Booking Conditions, receipt by such an authorised travel agent of messages, requests or
BOOKING CONDITIONS | WWW.SHEARINGS.COM | JULY 23
complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to
you by your travel agent that did not originate from us.
All monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your
behalf until the agent has verbally confirmed your booking. After that point, your agent will hold the monies on our
behalf until paid to us. In the unlikely event of our financial failure, all monies then held by the travel agent or
subsequently paid by you to the travel agent will be held by the agent without any obligation on the agent to pay such
monies to us.
2.OUR AGREEMENT
A contract is made when we, or your travel agent:
(a) verbally confirms your booking or,
(b) if you make your booking online, when it is confirmed by the issue of an electronic confirmation and invoice at the
end of the booking process and you pay the deposit to us. In the case of late bookings, the full amount will be due at
booking. We reserve the right to return your deposit and decline to issue an electronic confirmation and invoice at our
absolute discretion. For all bookings (other than bookings confirmed online), we will endeavour to post our
confirmation to you or your travel agent within 7 days of confirming your booking for all other holidays.
You must check all documents we send you carefully as soon as you receive them and advise us immediately if
anything appears to be inaccurate or incomplete. We cannot accept any liability if we are not notified of any
inaccuracy (for which we are responsible) in any document within 14 days of us sending it out (or in the case of travel
documents/tickets, 5 days).
3. ACCURACY
We endeavour to ensure that all the information and prices both on our website and in our brochures 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.
4. PRICING
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed
holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a
direct consequence of changes in:
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly
involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation
fees at ports and airports; and
(c) the exchange rates relevant to the package.
Such variations could include but are not limited to cruise line or coach cost changes which are part of our contracts
with cruise ship and coach operators and any other transport providers. We will absorb and you will not be charged
for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and
any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over
and above that.
However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday
(excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will
have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will
be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any
insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you
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decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on
your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are
unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to
you less an administrative fee of £25. However, please note that travel arrangements are not always purchased in
local currency and some apparent changes have no impact on the price of your travel due to contractual and other
protection in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds
be paid during this period.
5. JURISDICTION & APPLICABLE LAW
These Booking Conditions and any agreement which they apply are governed in all respects by English law. We both
agree that any dispute, claim or other matter of any description which arises between us or in connection with your
contract or booking (“claim”) will be dealt with by the Courts of England and Wales only. You may however, choose
the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
6. HOLIDAY CANCELLATION BY YOU
You may cancel your confirmed booking at any time before departure (you may also transfer your booking, see
Condition 7). If you want to cancel your booking after we have confirmed it, you must do so by:
(a) email to customer.services@shearings.com; or
(b) in writing by posting or hand delivering it to us at Sunway House, Canklow Meadows, Rotherham S60 2XR; or
(c) by notifying your travel agent.
Your notice of cancellation will only be effective when it is received in writing by us via email, by us at our offices or by
your travel agent. We will ask you to pay cancellation charges per person on the scale shown below based on your
original booking departure date. In calculating these cancellation charges, we have taken account of possible cost
savings and the generation of income from other bookings which may be able to utilise cancelled services to the
extent this is likely to be achievable. Cancellation charges which are in addition to payments we have already collected
from you will be deducted from your debit or credit card. Any payment received in excess of the applicable
cancellation charge will of course be refunded.
PERIOD BEFORE DEPARTURE
WITHIN WHICH
CANCELLATION IS RECEIVED
IN WRITING
UK HOLIDAYS
LOSS OF
PERIOD BEFORE DEPARTURE
WITHIN WHICH
CANCELLATION IS RECEIVED
IN WRITING
OTHER HOLIDAYS
LOSS OF
MORE THAN 55 DAYS FULL DEPOSIT MORE THAN 74 DAYS FULL DEPOSIT
55 TO 43 DAYS 50% OR FULL DEPOSIT, IF GREATER 74 TO 49 DAYS 50% OR FULL DEPOSIT, IF GREATER
42 TO 22 DAYS 75% OR FULL DEPOSIT, IF GREATER 48 TO 36 DAYS 75% OR FULL DEPOSIT, IF GREATER
21 TO 15 DAYS 90% OR FULL DEPOSIT IF GREATER 35 TO 15 DAYS 90% OR FULL DEPOSIT IF GREATER
14 DAYS OR LESS 100% 14 DAYS OR LESS 100%
Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding:
(a) insurance premiums paid to us or paid to your own insurance provider;
(b) amendment charges; and
(c) any pre-booked entrance tickets or upgraded Grand Prix, Le Mans, concert and/or opera tickets all of which are
non-refundable.
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Please also note:
(a) Where any excursions are pre-booked, the cost is not refundable in the event of cancellation of the holiday after
the balance due date.
(b) In the event of a cancellation of a booking secured by a low deposit, you will be liable to pay the remainder of the
full deposit amount.
(c) For flight, Eurostar, partner tour operator, sea and river cruise inclusive bookings, you must pay the charges levied
by the airline/operator concerned, in addition to the charges set out above where cancellation charges of less than
100% apply.
You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of
the policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the
number of full paying party members below the number on which the price and/or any concessions (including free
places for group bookings) agreed for your booking were based, we will recalculate these items and re-invoice you
accordingly.
7. HOLIDAY ALTERATION BY YOU
TRANSFER OF BOOKINGS
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of
our cancellation charges provided the person to whom you are making the transfer satisfies all the conditions which
form part of your contract with us. Requests for a transfer must be made in writing at least 7 days prior to departure
and must be accompanied by the name and other applicable details of the replacement person. Where a transfer to a
person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our
suppliers as a result, together with an amendment fee of £25 per person, must be paid before the transfer can be
implemented. 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 Condition 6 will apply in order to cover our estimated costs.
Otherwise, no refunds will be given for passengers not travelling or for unused services.
ALTERATIONS
Should you wish to make any alterations to your booking, please advise us as soon as possible. Whilst we cannot
guarantee alterations can be made, we will endeavour to meet requests if we can. Where we are able to do so, the
following charges will apply to reflect the work likely to be involved in making the change:
(a) Where we consider the alteration to be a minor one, there will be an amendment fee of £25 per person.
(b) In the event we consider the alteration to be more involved, we charge an amendment fee of £40 per person for
each item you want to alter.
Where an alteration affects a sea or river cruise booking the charges imposed by the cruise operator in making the
change will also be payable in addition to our amendment fee. However, where an alteration requested after the
balance due date (other than transfers as set out above) amounts to a cancellation of your original booking, we will
ask you to pay cancellation charges on the scale shown in Condition 6, together with the full cost of your new holiday.
In the event that we agree to a change of holiday dates at any time, any further requested change of dates will be
treated as a cancellation of the original booking to which cancellation charges will apply. The rescheduled holiday will
then be treated as a new booking at the then applicable price.
Insurance premiums may be transferable from one holiday to another (including when you travel earlier or later than
originally booked), but not from one person to another. NB: You can change the travel date on your travel insurance
directly booked with us as long as the new travel date is within the policy validity dates.
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.
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8. ALTERATIONS AND CANCELLATIONS BY US
Changes to confirmed holiday arrangements sometimes have to be made and we reserve the right to do so in
accordance with this Condition 8. Most changes will be insignificant and we have the right to make these. Where an
insignificant change is made before departure, we will notify you in writing. No compensation is payable for
insignificant changes.
Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant
alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any
special requirements which we have accepted as referred to in Condition 13. Where we have to do so, Conditions 8(3)
and 8(4) will apply.
(1) All alterations which are not significant will be treated as insignificant changes including (but not limited to an
itinerary change due to weather, traffic or road conditions and/or other circumstances outside our control or may be
treated as in accordance with Condition 9.
(2) Our holidays require a minimum number of bookings to enable us to operate them and we reserve the right to
cancel any holiday where this minimum number is not achieved. The minimum number applicable to any particular
holiday depends on a number of factors. Failure to achieve the applicable minimum number does not, however,
oblige us to cancel. We will notify you of cancellation for this reason by the date referred to in Things You Need To
Know under the heading Prices & Brochure/website Accuracy – Changes & Errors.
(3) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or
accepted special requirements, we will provide you with the following information in writing as soon as possible:
(i) the proposed alteration and any impact this has on the price;
(ii) in the event that you do not wish to accept the alteration, details of any substitute package we are able to
offer (including the applicable price);
(iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the
alteration or any substitute package offered; and
(iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(4) If you choose to cancel your booking in accordance with Condition 8(3), we will refund all payments you have
made to us within 14 days of the date we receive your instruction to cancel. If we don’t hear from you with your
decision within the specified period (having provided you with the above mentioned information for a second time),
we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will
be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see
Condition 9).
(5) Occasionally, it may be necessary to cancel confirmed holiday arrangements. We have the right to terminate your
contract in the event
(i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and
extraordinary circumstances (see Condition 9) and we notify you of this as soon as reasonably possible or
(ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has
not been achieved and we notify you of cancellation for this reason as referred to in Condition 8(2).
Where we have to cancel your holiday in these circumstances, we will refund all monies you have paid to us within 14
days of the date we inform you of the cancellation but will have no further or other liability to you including in respect
of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you
comparable alternative arrangements where possible which you may choose to book in place of those cancelled. We
also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case
Condition 6 will apply.
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COMPENSATION
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following
circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
UK HOLIDAYS OTHER HOLIDAYS
PERIOD OF NOTIFICATION GIVEN TO
YOU OR YOUR TRAVEL AGENT PRIOR
TO DEPARTURE DATE
UK HOLIDAY COMPENSATION PER
FARE PAYING PASSANGER WHEN
SIGNIFICANT CHANGE,
ALTERNATIVE HOLIDAY OR
REFUND ACCEPTED
PERIOD OF NOTIFICATION GIVEN TO
YOU OR YOUR TRAVEL AGENT PRIOR
TO DEPARTURE DATE
OTHER HOLIDAY COMPENSATION
PER FARE PAYING PASSANGER WHEN
SIGNIFICANT CHANGE, ALTERNATIVE
HOLIDAY OR REFUND ACCEPTED
MORE THAN 55 DAYS NIL MORE THAN 74 DAYS NIL
55 TO 43 DAYS NIL 74 TO 49 DAYS NIL
42 TO 22 DAYS £10 48 TO 36 DAYS £10
21 TO 15 DAYS £10 35 TO 15 DAYS £10
14 DAYS OR LESS £20 14 DAYS OR LESS £20
(6) In the event that unavoidable and extraordinary circumstances (see Condition 9) occur in the place of destination
of your tour or its immediate vicinity which significantly affects the performance of the contracted arrangements or
the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of
cancellation charges. We will notify you as soon as practicable in the event of this situation occurring.
9. UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any
compensation where the performance, or prompt performance, of our contractual obligations to you is prevented or
affected, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and
extraordinary circumstances. In these Booking Conditions, unavoidable and extraordinary circumstances means a
situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable
measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife or
unrest, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions (including flooding
and exceptionally high or low water levels on rivers), coach train, or ship breakdown or accident, fire, pandemics or
epidemics (including any ongoing effects of Covid-19), closure, restriction or congestion of airports, ports, stations,
other transport hubs or airspace, flight or port or any other restrictions imposed or guidance issued by any
government (local or national) or any regulatory authority or other third party and volcanic activity. Unavoidable and
extraordinary circumstances will also include the UK Foreign & Commonwealth Development Office advising against
all travel or all but essential travel to any country, region or destination where relevant to your holiday.
River and Coastal Cruises
Occasionally, water levels may vary to the extent that the operation of the cruise ships on our river or coastal cruising
programme is affected. It is ultimately the Captain’s decision regarding the running order of the itinerary and any
changes which may be necessary. This situation constitutes unavoidable and extraordinary circumstances. In the
event that any resulting change is significant or the cruise has to be cancelled, Condition 8 will apply. However, no
compensation will be payable and we will not be responsible for any costs or expenses incurred as a result.
10. TRAVEL DELAY
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. Whilst we try to avoid flight delays and delays to your sea crossing/tunnel crossing,
unfortunately, they occasionally happen. If there is a delay, we will endeavour to minimise any discomfort by
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providing extra services to you (in the event of delay to your rail/air/ferry/ cruise departure, responsibility for any
refreshments, meals and where necessary, overnight accommodation, rests with the carrier). These additional
services, as shown below, are subject to availability and the prevailing circumstances. Under UK 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 UK 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 holiday price from us. If, for any reason, you do not claim against the airline and make a
claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete
assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation
payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements
even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in condition of these Booking
Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board
on time). The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on
your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of
the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your
tickets which will be despatched to you approximately two weeks before departure. You should check your tickets
very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets
have been dispatched, we will contact you as soon as we can to let you know.
If your cruise ship is delayed or cancelled, you may be entitled to free food and drink, free room with a bed, and/or a
new ticket or compensation. Please note, how much you get depends on how long the journey is and how late it is.
Please note the above does not apply in certain situations. This includes for very small ships or very short journeys. For
further information, please contact the Cruise Lines International Association by email at
passengerrights@cruising.org or by telephone 020 3903 5450. Please note, reimbursements in such cases is the
responsibility of the cruise ship and will not automatically entitle you to a refund of your full holiday price from us. We
cannot accept liability for any delay which is due to any of the reasons set out in Condition 9 of these Booking
Conditions (which includes the behaviour of any passenger(s) on any cruises ship who, for example, fails to check in or
board on time).
COACH HOLIDAYS
LENGTH OF DELAY ADDITIONAL SERVICES
UP TO 3 HOURS NONE
3 TO 5 HOURS LIGHT REFRESHMENTS FOR EACH PASSENGER
5 TO 9 HOURS ONE MAIN MEAL FOR EACH PASSENGER
OVERNIGHT MEALS AND ACCOMMODATION AS APPROPRIATE FOR THE TIME OF DAY OR NIGHT
SEA & RIVER CRUISE, RAIL & AIR
RESPONSIBILITY RESTS WITH THE AIR/RAIL/CRUISE OPERATOR
11. ARTISTS, CONCERTS, ENTERTAINMENTS AND RIDES
We cannot accept responsibility for the non-appearance of any artist or the cancellation / withdrawal / closure /
curtailment / other change of any concert / event / parade / play / entertainment / ride / swimming pool for whatever
reason. Should any such situation arise, the holiday arrangements will still proceed. We will not always be in a position
to advise you in advance of any such cancellation etc. Such situations will not constitute a significant alteration to your
holiday arrangements entitling you to cancel or change to another holiday without paying our normal charges.
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12. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday booked with us are provided by independent suppliers including
(but not limited to) cruise operator and airlines. 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 ourselves or the supplier concerned.
Where there is any conflict between the terms and conditions of the airline/cruise operator/partner tour operator and
these Booking Conditions, the relevant provision of these Booking Conditions will take precedence. Your contract for
all sea/ river cruising and/or partner tour operator holidays will be with us.
13. SPECIAL REQUESTS
We will endeavour to pass on any reasonable requests to the relevant supplier (e.g. dietary, cots, ground floor
accommodation), but cannot promise that any request will be honoured. We may not always be able to tell you
before you leave if the supplier cannot meet your special request. 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 confirmation invoice or any other documentation, is not confirmation that the
request will be met. Unless and until specifically confirmed in writing, all special requests are subject to availability.
Any special requirement which we have accepted will be specifically confirmed as accepted on your confirmation
invoice.
14. COMPLAINTS PROCEDURE
Should you have a complaint about any aspect of your holiday, you must notify one of the coach crew, or one of our
representatives, together with the supplier of the services in question, immediately so that the problem can be quickly
resolved during your holiday or alternatively contact our 24 hour emergency number whilst on tour as shown on your
travel documents. Failure to report any issues in resort could invalidate any claims made upon your return. If the
matter cannot be resolved to your satisfaction straight away, you must immediately email our Customer Relations
department at customer.relations@shearings.com with details of your complaint.
15. HOLIDAY INSURANCE (EXCLUDING ACCOMMODATION ONLY)
It is a condition of booking a holiday with us that you take out travel insurance. The insurance we offer is for United
Kingdom residents only. You must provide us with the insurance company name, telephone number, policy number,
policy duration and details of the emergency and medical repatriation telephone number relating to such a policy
within 14 days of booking. If you purchase the insurance we offer, cover will not be effective until we receive all
applicable premiums in full. Please read your policy details carefully and take them with you on holiday. It is your
responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We
do not check alternative insurance policies. If you refuse or fail to take out travel insurance you must complete, sign
and return our insurance indemnity form (available on request). We will be entitled to cancel your booking and apply
cancellation charges where you have not provided us with details of your travel insurance policy and we have not
received the completed and signed indemnity or your acceptance of this through Manage My Booking 7 days prior to
departure.
16. OUR LIABILITY (EVENTS CONNECTED WITH YOUR HOLIDAY PACKAGE)
(1) 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, as set out below and as such, we are
responsible for the proper provision of the travel services specifically included in your package, as set out in your
confirmation invoice, ‘Things You Need To Know’ document, our brochures and the information we provided to you
regarding the services prior to booking. Please note that we shall not be responsible for any additional services
provided to you, whether provided by the travel service providers or otherwise, which are not set out in your
confirmation invoice, Things You Need To Know’ document, our brochures and the information we provided to you
regarding the services prior to booking.
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(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove
that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or
other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which
were unforeseeable or unavoidable; or
(c) Events Beyond Our Control (as defined in Condition 9).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this condition:
(a) 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.
(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.
(c) Claims in respect of international travel by sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate
Conventions, which include The Athens Convention (with respect to sea travel); The Berne/Cotif Convention
(with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for
copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating
carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging
transportation for you, we rely on the terms and conditions contained within these international conventions
and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those
'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that
those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight
disruption), any liability we may have to you under our contract with you, arising out of the same facts, is
limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled
to receive from the transport provider or hotelier for the complaint or claim in question.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in
the confirmation invoice, ‘Things You Need To Know’ document, our brochures and the information we provided to
you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period
of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price
reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper
performance of the travel services included in this package. The level of any such price reduction or compensation in
respect of any claim for damages or compensation whatsoever 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 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
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(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s)
strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also
assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our
insurers with all assistance we may reasonably require.
(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we
could not have foreseen you would suffer or incur if we breached our contract with you;
(b) relate to any business;
(c) indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they
are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which
your hotel or any other supplier agrees to provide for you.
(10) 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, pregnant women or unaccompanied minors, 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. For the purposes of this condition, “unavoidable and extraordinary
circumstances” mean 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 back to your departure point.
17. PASSENGERS WITH HEALTH CONSIDERATIONS / DISABILITIES / REDUCED MOBILITY
Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced
mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are
generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to
different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary
considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is
permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause
of disability.
If you have a disability or significantly reduced mobility, coaches/other forms of transport can be difficult to get on
and off and some of our hotels do not offer ground/lower floor/step free accessible accommodation or lifts/easy
access. Many of the excursions on our tours visit places of interest and public buildings. These may not be able to
accommodate people with walking difficulties. Excursions which include sightseeing tours may involve walking long
distances and sometimes over cobbled or uneven surfaces.
We always endeavour to assist if we reasonably can where additional equipment needs to be transported in relation
to a disability, medical condition or reduced mobility. However, please bear in mind that coaches are subject to overall
weight restrictions and have limited space to accommodate the luggage of all passengers. If we have already agreed
to transport such additional equipment for an earlier booking, we may be unable to do so for a later booking for the
same coach. This is particularly the case where any such equipment is relatively bulky or heavy. We will not usually be
able to carry more than one mobility scooter on a coach. Carriage of any equipment is subject to its individual size,
weight and other details, full details of which must be provided at the time of booking.
Airlines and rail, ferry and cruise operators have their own restrictions on the carriage of such equipment. Should you
suffer from any disability, medical condition or significant reduction in mobility which may affect your or other
BOOKING CONDITIONS | WWW.SHEARINGS.COM | JULY 23
passengers’ holidays, you must provide full verbal and written details at the time you book the holiday, including any
specific requirements you have. Additionally, at the time you book the holiday, you must provide verbal and written
confirmation that all assistance required will be provided by your travelling companion(s).
You must also notify us of any adverse changes or deterioration in the disability or medical condition, or development
of any disability or medical condition or material reduction in your mobility after booking. In view of the nature of our
holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development,
deterioration or adverse change of any disability or medical condition or material reduction in your mobility occurring
after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any particular
customer or where, in our reasonable opinion, the medical condition, disability or reduced mobility of the customer
concerned is likely to have a significant adverse effect on other customers taking the same holiday. We further reserve
the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or
medical condition or significant reduction in mobility at the time the booking is made and/ or promptly notified of any
development, adverse change or deterioration occurring after booking. On occasions, the decision to cancel can only
be made at the time the person concerned joins the coach/ holiday for the first time as it may only be apparent at this
stage that their disability, medical condition or reduced mobility cannot be accommodated.
Any customer affected by a disability or medical condition must ensure they have notified this to their travel insurers,
and that their travel insurance provides cover. As it is a condition of booking that all customers have adequate and
appropriate travel insurance, we are entitled to insist on evidence that the disability or medical condition is covered.
18. EXCURSIONS
Excursions or other tours that you may choose to book or pay for whilst you are on holiday 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. ASSISTANCE DOGS
We are happy to carry assistance dogs on our holidays. To qualify as an assistance dog, the dog must be specifically
trained to assist a person by a member organisation of Assistance Dogs International or the International Guide Dog
Federation. This includes the following organisations: Canine Partners, Dog A.I.D, Dogs for Good, Guide Dogs for the
Blind Association, Hearing Dogs for Deaf People, Medical Detection Dogs and Support Dogs. In order to travel to and
from EU countries and listed territories, the dog must meet the requirements of the UK Pet Travel Scheme which
include having an animal health certificate unless you have a pet passport issued in an EU country or Northern Ireland,
being micro chipped and being vaccinated against rabies more than 21 days prior to the date of departure from the
UK. In addition, dogs must be treated for tapeworm no less than 24 hours and no more than 120 hours (5 days) before
entry back into the UK. Additional rules apply if travelling to countries outside the EU and listed territories. Full details
can be found on the website: https://www.gov.uk/taking-yourpetabroad. We would like to remind customers that it is
their responsibility to ensure they have the necessary documentation to enter the relevant countries with their dog
and to check with the country you’re travelling to. If you wish to bring an assistance dog with you on holiday, please
contact us by telephone prior to making your booking so we can make the necessary arrangements and ensure the
dog meets all requirements.
20. ASSISTANCE WHILST AWAY
In the event you experience difficulties (of any sort) during your holiday, we will provide you with appropriate
assistance as soon as reasonably possible including by the provision of appropriate information on health services,
local authorities and consular assistance and by assisting you to make distance communications and to find alternative
travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge
you a reasonable fee for this assistance which will not exceed the costs we actually incur.
21. 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 hotel manager or any other person in authority, your
BOOKING CONDITIONS | WWW.SHEARINGS.COM | JULY 23
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 termination.
When you book with us, you accept responsibility for any damage or loss caused by you and/or your party. Full
payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to
the accommodation owner or manager or other supplier. If the actual cost of the loss or the damage exceeds the
amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount
paid, the difference will be refunded. You will be responsible for meeting any claims subsequently made against us
and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions (or any
member in your party) and we will hold you and each member of your party jointly and individually liable. In the event
of any customer behaving in such a way as to cause or be likely to cause (in our reasonable opinion or the reasonable
opinion of any person in authority) offence, danger, damage or significant discomfort or distress to others, we reserve
the right to terminate that person’s holiday arrangements. In this situation, we will not be liable to complete your
holiday arrangements (including return travel arrangements) and will not pay you, nor be liable for, any refund,
compensation or costs you have to pay. We cannot accept liability for the behaviour of others staying at your
accommodation, or if facilities are withdrawn as a result of their action.
22. FINANCIAL PROTECTION
Your holiday is financially protected under an independent trust account structure in accordance with The Package
Travel and Linked Travel Arrangements Regulations 2018, as amended. All funds currently held by us in relation to
your booking, together with any additional payments due thereon, will be paid into an independently operated trust
account “Shearings Travel Limited Trust” administered jointly by the company and an independent professional travel
trustee. Your travel funds will be segregated from general operational funds of Shearings Travel Limited until your
holiday is complete and fulfilled, thus ensuring that, in the very unlikely event of our insolvency, you will be fully
protected and refunded in full.
23. ENTRY PASSPORT, VISA & IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES
It is your responsibility to check and fulfil the entry, 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.
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/citizenship/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 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).
For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical
treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure,
including cover for emergency medical treatment and associated costs.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit
https://www.gov.uk/travelaware.
BOOKING CONDITIONS | WWW.SHEARINGS.COM | JULY 23
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa,
health and immigration 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 entry, 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 entry passport, visa, immigration
requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may
require an airport transit visa when passing through EU Member States. There is the potential for disruption at
borders when travelling between the UK and EU Member States and you should allow sufficient time for this when
planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to
ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government
passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
24. ADVANCE PASSENGER INFORMATION
A number of Governments are introducing new requirements for air carriers to provide personal information about all
travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the
airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are
advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with
our privacy policy.
25. FOREIGN, COMMONWEALTH & DEVELOPMENT OFFICE ADVICE
You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) 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 FCDO to avoid or leave a particular country may constitute Events Beyond Our Control (see Condition
9).
If you require a copy of this document in large print please contact
our Customer Service team on 01709 830 333
For the latest travel advice from the Foreign & Commonwealth Office including security and local laws, plus passport and visa information, click here