Terms & conditions

Thank you for visiting www.travellingwhale.com. This site is owned and operated by Travelling Whale Ltd , whose registered office is at Flat 41, 66 Dalston Lane, Dalston, London, E8 3AH (“Travelling Whale“).

Company Registration Number: 12512291

We recommend you read these terms and conditions carefully as the following terms are legally binding when you make a booking with Travelling Whale. 

Your contract with Travelling Whale is subject to and protected by The Package Travel and Linked Travel Arrangements Regulations 2018.

We are a member of Protected Trust Services (PTS 5508) and all of the flight-inclusive experiences that we sell are sold by us under ATOL licence 11923. See Section 11 for details of how we protect your booking payments.

Responsible Travel 

Travelling Whale believes that responsible travel is necessary to help protect the countries we travel to and to maximise the benefits that tourism brings to those locations. For more information about our commitments you can find full details here – https://www.travellingwhale.com/about-us/

 

• CONTRACT

All of our bookings are tailor-made to your requests, and so bookings will be subject to availability at the time of booking. You will receive confirmation of your booking via email with the invoice of your proposed trip. Upon confirmation that you are happy with the proposal, we will proceed to take payment and issue you with a booking confirmation. 

We ask that you check that all passport details, dates and timings are correct. If you do not let us know of any apparent discrepancies in the confirmation documents, it may lead to additional charges as a result of alterations to the booking. 

A binding contract between Travelling Whale and you (the lead name on the booking) is formed once we have received payment in the form of a deposit or full payment (depending on when you are booking) and when we issue a booking confirmation. By making a booking with Travelling Whale, you agree that you have the acceptances from all members of your booking party to these booking terms and conditions. As the lead passenger on the booking, you also take responsibility to make all payments and to receive documentation on behalf of your party as well as for the accuracy, including passports, of all information, health, insurance policies, airline club memberships and visa details provided to us. Any disabilities or special requirements must be notified to us in advance.

• PRICE AND PAYMENT

Payments online are made through our secure servers for your security.

We reserve the right to change the prices of any trips shown on our website or set out in your travel itinerary at any time before your booking is confirmed. The current price of your booking will be advised before your booking is confirmed. All itinerary prices are quoted in GBP sterling and are based on daily currency exchange rates at the time of the quotation. 

Advance deposits, additional fees or charges will always be clearly marked on your invoice before you make payment. Once paid, these deposit payments and additional fees are non-refundable in the event of cancellation.

All itineraries and payments are quoted in GBP Sterling. Please note that all payments taken on debit or credit card will be taken in GBP sterling. If you are looking to pay on a card not denominated in GBP, we will calculate the new quote in accordance with the applicable exchange rate on the day of the transaction. 

For all bookings, a non-refundable deposit or full payment will be required before confirmation. The deposit will vary depending on the nature of your trip and whether any non-refundable services are included in the itinerary. All payment details will be confirmed before you book. For bookings that include flight(s) or accommodation only, we require full payment in advance of the booking for the flight(s) or/and accommodation; this payment will be chargeable in the event of cancellation as a cancellation fee (see below). 

Full payment is due 90 days before your departure date. If you make a booking less than 90 days before departure, full payment will be required. At the time of booking, confirmation and invoices will be issued to you that will advise you of your final payment date. If any balance remains unpaid within 90 days of the intended departure date, we reserve the right to cancel your booking and not issue any travel documentation. If such circumstances occur, cancellation charges will apply as per section 6 below.

Payment will be made as per the invoice issued, and you will be responsible for any additional bank charges that may occur. All Payments can be made by bank transfer, cheque, credit or debit card. Bookings cannot be confirmed until payment has cleared our account. For peace of mind when making a payment via our website, our site is protected by Bluehost and all card payments are encrypted using SSL an internationally accepted security system.

Any applicable VAT/taxes may be subject to change at any time.

 

1.  INSURANCE

Insurance is an essential condition for all bookings with Travelling Whale. You and all members of your party will need to take out a comprehensive travel insurance policy that covers you for before, during and after your trip. 

Travelling Whale will not be held responsible for any additional costs incurred before, during or after your trip as a consequence of insufficient travel insurance being purchased.

Your travel insurance should include medical expenses, repatriation, personal belongings, delays, personal liability, illness, overseas legal expenses and cancellation. If you are taking part in any sort of sport or adventurous activity while travelling, including trekking at altitude, you should also make sure that your policy covers these. 

Once your travel policy is in place, please contact us to let us know who you have booked with, your policy number and the 24-hour emergency number. Having access to your insurance details enables us to support you should an emergency arise while travelling.

• PASSPORTS, VISAS AND HEALTH FORMALITIES

• Passports

When travelling abroad, most countries now require passports to be valid for at least six months following the return date of your trip. It is your responsibility and every member of your booking’s responsibility to ensure that you have all the correct documentation for all sectors of your trip.

• Visas

It is your responsibility to ensure that you and all members of your party obtain the correct visa before travelling. We will provide you with general information relevant to UK citizens from the government Foreign Travel Advice (https://www.gov.uk/foreign-travel-advice) at the time of booking so that you can arrange the correct visa ahead of time. For non-British citizens travelling, please check – https://cibtvisas.co.uk/

• Health

We will provide you with general information relevant to UK citizens from the NHS Fit For Travel Health Advice (https://www.fitfortravel.nhs.uk/home). 

You and your party must visit your local GP or travel clinic well in advance of travel to make sure you have up to date vaccinations to travel and have taken all the necessary health precautions. Some vaccinations can require several visits over several weeks so please make sure you visit at least six weeks before you are due to travel. Travelling Whale will not accept liability if any member of your party is refused entry into a country due to not complying with health formalities or carrying the correct documentation.

If you or anyone travelling on your booking have a medical condition, disability or medical condition, you must inform us before you intend to book so we can ensure that the itinerary is suitable for your needs and is appropriate and safe. We may need to make additional arrangements to make sure your trip runs as smoothly and safely as possible. All information of this nature will be passed onto suppliers as per our privacy policy.

1.  Other Requirements

There may be other requirements of a particular country that could have an impact on your enjoyment of your travelling or accommodation. For example, some countries prohibit the import or use of vaping equipment. We will endeavour to assist but need to know if there are particular requirements relating to your activities or enjoyment.

5. INFORMATION

We reserve the right to make any changes to the website and any information at any time. While all efforts are made to make sure that all information is accurate and not misleading, some details may become outdated and may be subject to change. We will confirm details and changes with you directly at the time of the change if during the booking process. For all changes that we make after your booking confirmation, please see section 7 below.

6. AMENDMENTS, TRANSFERS AND CANCELLATION BY YOU

All cancellations, transfers and amendment requests must be sent to us in writing by email to info@travellingwhale.com and will not take effect until received by us.

1.  Amendment

If after we have sent you your booking confirmation you wish to make any changes, we will do our best to assist in any amendments, however, we can not always guarantee that this will be possible. All requests must be in writing via email from the lead name on the booking. We may ask you to pay an administration charge of £50 on top of any additional costs that may occur from the changes. If we are unable to fulfil your requests and you decide to cancel, we may require you to pay us a cancellation charge per Section 6(c) below.

1.  Transfers

If you wish to transfer your booking to another person we must receive a written notice in writing at least 7 days before you are due to depart. Any additional charges that occur from transferring the booking will be passed on to you and you will be advised of these charges before we transfer the booking. An amendment fee of £75 will also be added for transferring the booking to another person. Both you and the person will be jointly liable for payment of the balance due from any additional charges. 

For changing a flight booking, most airlines apply a 100% cancellation charge and will not permit a name change or alterations to the booking. For any person looking to alter a booking please contact us as soon as possible so that we can notify you of the charges and if we are able to make any suitable changes.

1.  Cancellation

Cancellations may be made by you or any member of your party before the start of your package. Cancellation requests must be sent in writing to us as soon as possible via email to info@travellingwhale.com. This request will need to be from the lead passenger that booked the trip and will take effect from the date that we have received the written notification from you.

A cancellation charge may incur depending on how much notice has been given prior to the departure of the trip. If you decide to cancel your trip more than 90 days before departure (i.e. before the final balance is due), the cancellation charge will include your deposit plus any non-refundable services. 

If you decide to cancel your trip less than 90 days before your departure, the charge will most likely be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellations will inevitably increase closer to the departure date that the cancellation is made and could result in 100% of the total price of your booking. These cancellation charges can be confirmed to you on request at any time before the booking process. We recommend asking for confirmation of the cancellation charges before written cancellation is made.

If your cancellation is covered under your insurance, you may be able to reclaim all or some of the charges. We recommend speaking to your insurance provider as soon as possible. We will be more than happy to assist with any invoices and confirmations to help with your claim.

For all bookings where cancellation results in us making a refund to you, one payment will be sent to you as the lead passenger on the booking. This will be the case regardless of how the deposit or final balance was made for the booking. We endeavour to pay the refund within 14 days of your written cancellation. 

Cancellation charges will not be applied where the cancellation has been made due to unavoidable and extraordinary circumstances (See Section 7c). In this instance, you will be entitled to a full refund of any payments but not any additional compensation.

7. CANCELLATION AND AMENDMENTS BY US

1.  Cancellation by us

Whilst we endeavour never to have to cancel your trip, we very occasionally reserve the right to do so. An alternative arrangement will always be offered of comparable quality. If only a lower quality trip is possible, a price reduction will be offered. If in the unlikely event we can’t offer an alternative, a full refund will be arranged within 14 days of the cancellation. We may also be liable to pay appropriate compensation as specified in Section 9 except when unavoidable and extraordinary circumstances (Section 7c) prevent us from performing the contract.

1. Amendments before departure

We may have to make changes to your travel itinerary, when this happens, we will advise you of any changes and will issue you a new itinerary.

If before your departure we are restricted by circumstances beyond our control to alter any main aspects of the travel services specified in Schedule 1 of the Package Travel Regulations, or we cannot confirm your travel requirements that we have accepted in your booking, we will notify you as soon as possible. You will then have the option to:

• Accept the proposed changes
• Cancel the booking without charge

If you choose to cancel you may choose to move your booking payment to an alternate package where possible.

 

Where changes are made to a revised package and offered at a lower cost, an appropriate price reduction will be made. If you decide to terminate the contract and not accept an alternative package arrangement, you will be entitled to a full refund within 14 days after the cancellation has been made. 

1.  Unavoidable and Extraordinary Circumstances

 

Unavoidable and extraordinary circumstances is a situation beyond the control of a party that could not have been avoided even if all precautions and reasonable measures had been taken. These situations will usually include but are not limited to Foreign & Commonwealth Office advising against travel to a particular country/destination, an outbreak of severe disease at the travel destination which imposes a significant risk to human health, natural or nuclear disaster, flood, fire, earthquake, drought, adverse weather conditions (actual or threatened), power failure, maintenance or technical problems with transport, machinery or equipment, civil disturbance in relation to political instability or terrorist activity (actual or threatened), serious security risks such as riots, the inability of the airline(s) to operate due to the result of the UK’s decision to leave the EU, the right for the airline(s) to enter the airspace, loss of restriction to air traffic or transit rights, airport closures, airspace closures (as well as other air traffic management decision which may incur in overnight delays or cancellations of flights), war and threat of war.

8. PERFORMANCE OF PACKAGE

As a registered travel agency we are liable to you under the travel services included in the package travel contract (whether these services are performed by us directly or via another travel service provided) – see Section 9.

If during the trip you are not happy with any services or accommodation you must inform us as soon as possible. We will endeavour to offer you a suitable alternative arrangement where possible with an equivalent or higher quality alternative at no extra cost to you. If the proposed arrangements result in a package of lower quality and the costs are also lower, this difference will be refunded to you within 14 days. 

9. LIABILITY TO CUSTOMER: CHANGE IN PRICE OR COMPENSATION

The performance of the travel services and facilities included in your booking contract are our responsibility, and we take reasonable skill and care to provide these. 

If we fail to perform your travel contract improperly, we will be liable to compensate you under the Package Travel Regulations (defined as a “lack of conformity”.)

When there is a lack of conformity, that was not attributable to you (unless we prove it was) you will be entitled to an appropriate price reduction.  

For any damage which you sustained due to a lack of conformity, you are entitled to receive the relevant price reduction for that period of time. If the lack of conformity is proven to be attributed to you, a third party (unconnected to your package contract and is unforeseeable/unavoidable), or due to extraordinary circumstances.  

The exception is when there are any cases involved, damage caused intentionally, negligently, illness or injury, death or any chases where liability may not be limited by law. 

 

10. ASSISTANCE

We will always provide the appropriate assistance without undue delay if you are in difficulty (respectively, to whether or not we are liable for compensation). We will assist you in providing appropriate information on local services (heath, authority, consular) as well as distance communication and helping you to find appropriate alternative travel arrangements. There may be a fee for assistance if it is needed due to your own negligence or if you caused difficulty intentionally. 

 

11. FLIGHTS

It is your responsibility to make sure that you have all the necessary documents in order to travel (such as passport, visa & insurance) and arrive early for check-in at the airport. You should always double-check your flight with the airline and reconfirm the details before you fly. If you fail to reconfirm and check in you may be refused permission to fly and are unlikely to get a refund. 

For all flights booked with us you will be issued an ATOL certificate, you can find more information on ATOL in section 18. The Airline Regulation (EC 261/2004) means that you might be entitled to claim compensation for being denied boarding, delays, flight changes or cancellations. You will be able to get full information from the airline and must lodge any claim directly to them. We have no liability in relation to the airline regulation as we’re not an air carrier. If you do claim, please note that it does not give you the right to obtain compensation from us. The compensation rights are set out in Section 8 & 9 above. If there is compensation due from us, we will speak to the airline and make sure we give the correct compensation (set out in section 8 & 9 above). 

 

12. IF YOU HAVE A COMPLAINT

If you have a complaint at any point on your trip, please inform your travel guide or relevant supplier (e.g. accommodation) who will endeavour to correct the situation. If for any reason they are not able to resolve the issue, please contact us directly so we can help. If the problem is not resolved when you’re back from your holiday, please contact us by email at info@travellingwhale.com with your full name and booking reference within 28 days of your trip return date. This is to make sure that we can investigate and rectify your complaint. If you do not email us within 28 days of your trip return date, this may affect your rights according to this contract. 

13. SPECIAL REQUESTS

We will endeavour to grant any special request we receive, such as dietary requirements, specific airline seating or rooms and will pass on the request onto the relevant supplier. We are, however, unable to guarantee the request and are not liable if the request is not actioned. 

14. EXCURSIONS AND ACTIVITIES

We use reasonable skill and care in choosing our reliable suppliers who offer activities and excursions as part of your contract. Activities & excursions detailed on our booking confirmation (booked and paid for in advance) form part of the package contract with us. 

Any extra activities or excursions that are brought separately at any time from a supplier or third party once your trip has begun will not be part of your package contract. We have no liability whatsoever for that activity/excursions, and you will have separate party’s terms and conditions with the relevant supplier. You should also make sure that your insurance covers you for any additional activities that you decide to participate in before booking.

15. DATA PROTECTION

In line with Data Protection legislation, when you book a holiday, we will collect personal information from you, your full name, email, address, telephone number and details about where you are looking to travel. We use this information to help you find the right destination and to plan the best holiday. If you book a holiday with us, we will ask you to provide extra details about yourself and others who are travelling with you to help book your trip. Details include passport details and scans, emergency contact details, travel insurance coverage,special medical or dietary requirements, visa and flight details. We will ask for your consent to hold and share the necessary information. We use this information to make bookings on your behalf and to book any relevant services set out in your tailor-made itinerary. 

 

If you are a repeat client, we may retain some personal information to help improve the customer journey and help book your next trip with ease. Travelling Whale is the data controller of any personal information that you provide to us under the General Data Protection Regulation 2016/679 and the Data Protection Act 2018 and is registered with the Information Commissioner’s Office. 

 

When necessary or required by law, your personal information will be provided to the relevant authorities. Prime examples of these are customs, immigration, security or credit checking companies. For security purposes, your information may be shared with law enforcement agencies. Relevant personal information will be sent to our local in-country suppliers, and we will make sure that adequate safeguarding policies are in place before transferring any of your personal information – please note this will include sensitive information that affects your holiday, such as health issues etc. Especially if you are travelling outside of the European Economic Area (EEA) as the data protection controls may not be as strong as European & UK Law. 

 

For travellers’ journey to , including transit journeys through United States airports, the United States of America, the United States Customs and Border protection requires personal information for US security, particularly for the purposes of prevent crimes and combating terrorism. All travellers going to the USA  are required to fill in an Electronic System for Travel Authorisation (ESTA), 72 hours before their departure time and pay the fee. You can complete this form at https://esta.cbp.dhs.gov/. All international travellers have to complete this form and are now unable to travel under the US Visa Waiver Programme. 

Other jurisdictions contain similar provision of personal information including electronic applications and authorisation that must be complied with.

For other details of how we may use your personal information and your rights in relation to your personal information, please see our Privacy Policy.

16. JURISDICTION

English law governs this contract, and any jurisdiction is subject to the England and Wales courts. Scotland & Northern Ireland law and jurisdiction can be used if you prefer. 

17. FINAL DOCUMENTS

All information for your trip will be sent at least two weeks prior to departure by email. We will not be responsible for the loss of the documents once you have received them (unless due to our negligence). If we need to reissue the documents, there may be a cost paid by you. 

18. YOUR FINANCIAL PROTECTION

All international package holidays booked through Travelling Whale are protected by ATOL (Air Travel Organiser’s Licence) issued by the CAA (Civil Aviation Authority) under ATOL number 11923. When booking an ATOL protected flight or flight inclusive package from us (or if booked via an authorised agent of ours), you will receive an ATOL Certificate. Upon receipt, if any details on the ATOL Certificate or booking confirmation are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies.

The certificate covers what is financially protected, whom to contact if things go wrong and what it means for you and your holiday. Please note that not all holiday or travel services offered and sold by us will be protected by the ATOL scheme. Packages that don’t include flights are not protected by ATOL and therefore don’t require us to send clients a certificate. For all non-air packages, you will be covered by Protected Trust Services through a trust account and insurance model. This protection means your money will be fully refunded or you will be returned to the start point of your contracted arrangements in the unlikely event of Travelling Whale being unable to provide you with your service due to insolvency.

19. TRAVELLING WHALE’S TOUR OPERATED COMBINED LIABILITY INSURANCE POLICY

Travelling Whale’s Tour Operated Combined Liability Insurance policy is issued by the Travel Risk Professionals. The Travel Risk Professionals is the trading name of Gresham Underwriting Limited. The Gresham Underwriting Limited is authorised and regulated by the Financial Conduct Authority. Please email info@travelllingwhale.com if you’d like a copy of the policy.

19. CONTACT US

Office hours are 9 am to 5 pm weekdays GMT. 

To contact via email, please use info@travellingwhale.com