Terms & Conditions
Our Policies - Terms of Use, Privacy Policy and Booking Conditions
Last Revised: 21/11/2025
Escape Unclouded (‘Us’, ‘We’) is the trading name of Escape Unclouded Ltd.
We as a data controller collect, process, use and disclose the information you provide by using the Website (www.escapeunclouded.com). We will use your personal data only for the purposes and in the manner set forth below, which describes the steps we take to ensure our processing of your personal data is in compliance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).
What data do we collect?
When you visit or use our Website in any way, we collect and process different types of information about you in different ways.
Information you give us:
Identity Data, including first name, last name, or similar identifier, and title.
Contact Data, including your address, email address and telephone numbers.
Profile and Traveller Data, including history of enquiries and bookings made by you, your preferences, important information required for the delivery of bookings, such as travel plans, dietary and medical requirements, height, weight and other information as required dependent on the booking, your feedback and review responses.
Marketing and Communications Data, including your preferences in receiving marketing from us and your communication preferences.
Financial Data, including bank account and payment card details collected and used solely for purposes of completing your purchase. Financial information provided by you via the Website will be collected, stored and processed by Stripe, or any other third party payment service providers as designated by Us from time to time. We do not store or use your credit card information, and Escape Unclouded Ltd and its employees are unable to view your cardholder information. Stripe, and any other third party payment service providers will be responsible for your payments information which will be subject to the privacy policy of Stripe available here, or any other third party service provider as applicable.
Information we collect:
In addition to the information you provide to us, we collect certain information when you visit our Website, as explained in our Terms of Use. The following additional information may be collected:
Technical Data, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, and the type of device used to access the Platform; information about your visit, including the clickstream to, through and from our Platform (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and any phone number used to call our customer service number. This can be stored in both video and word form and may allow us to access session videos designed to better illustrate how users interact with the platform.
Usage Data, including information about how you use our website, products and services.
Information from other sources
We work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous aggregated information about how users use our services.
How do we use the data?
We will only use your personal data for the purposes and legal bases set out below.
Essential (contractual) uses
The following is essential in order for us to carry out the service you request from us; - To create and maintain your customer account - To process and manage your enquiries and bookings - To provide you with information and updates related to bookings you have requested - To provide customer service and support
As part of our contract with you, we also need to pass essential information about you and your booking to the end provider(s) (Suppliers) of the service(s) you have booked.
When you are making a booking, by proceeding with the booking you acknowledge that all personal information you share with us may be shared with a supplier fulfilling parts, or all of, the service you have requested.
We cannot be responsible for the privacy policy or actions of suppliers, but we do provide them with guidelines on our Privacy Policy.
Uses we’d like your consent for
With your consent we’d also like to do the following. You may withdraw from this at any time after providing your email address:
to provide you with information, ideas and special offers about trips that we think may interest you.
to provide you with information about relevant additional products or services we feel may interest you.
to carry out market research and collect feedback.
to help us identify new potential audiences of like-minded people on the Facebook platform.
We will also ask your consent to publish any reviews you provide about trips you have been on. You can revoke this consent at a later date and have the review removed from the platform by submitting a data request.
Legitimate uses
Data protection regulation allows for personal data to be processed in certain circumstances that are defined as 'legitimate interests'. We believe the following uses are necessary to support our legitimate interest in providing a service to you, provided such interests are not overridden by your interests and rights. You are free to manage your preferences in this regard by contacting info@escapeunclouded.com
to manage, operate and continually improve our website and service to you
to ensure that content is presented in the most effective and safe manner for you and for your computer
to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to allow you to participate in interactive features of our services, when you choose to do so;
to measure or understand the effectiveness of our marketing activity,
to record and support your participation in the features and services you select.
to assist in providing the highest level of customer care
to notify you about important changes to our business and service, which are likely to affect you directly. This may include, for example, updates to our Privacy Policy, or notification of a discontinuation or fundamental change to our products and services.
When you are making a booking on the platform we will also give you the chance to opt out from receiving non-personalised marketing and update emails from us with trip ideas and special offers. We believe it is reasonable to consider that you might be interested in these having booked a holiday with us, but will always give you the chance to opt out at the time.
Legal uses
The following processing is necessary to comply with legal and regulatory obligations - For the prevention and detection of fraud, money laundering or other crimes - For the purpose of responding to a binding request from a public authority or court.
Unless you are making a booking, the provision of your personal data is not a statutory or contractual requirement. You can choose not to provide this information; however, you might not be able to gain access to our information, services or products.
In addition to the purpose for which you submitted your personal data, you may also be given the option (through a check box or otherwise) to have your personal data used for an activity or service different from the primary activity or service that you are requesting.
What about children?
This Website is not intended for children and we do not accept bookings from children under the age of 18.
If you are a child under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information.
If you believe we have unnecessarily collected personal information from a child under the age of 18, please contact us.
Do we share personal information with third parties?
We will never sell or rent your personal data, and only share it with third parties in certain limited circumstances, which we will explain below.
As well as sharing your data with suppliers when you have made a booking with us, there are certain circumstances where we need to share your data with third parties to operate and manage our Website, process bookings, and fulfil and deliver our service to you.
We use a select number of trusted external service providers for certain technical data analysis, processing and/or storage offerings. These service providers are carefully selected and meet high data protection and security standards. We only share information with them that is required for the services offered and we contractually bind them to keep any information we share with them as confidential and to process Personal Data only according to our instructions.
Third Party Service Providers we may share data with include; - providers of payment processing services include Stripe; - providers of analytics and technology services to help us better understand our users’ needs and to optimize this service and experience, including Google Analytics.
We may also provide non-personal data to third parties, where such information is combined with similar information of other users of the Website. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology. The third parties to whom we may provide this information may include our Website design, data analysts, development and hosting contractors.
We may also disclose your personal data to the following recipients:
If Escape Unclouded Ltd or substantially all of its assets are acquired by a third party, in which case your personal data held by us may be included in the transferred assets (for example, in the form of a database of users of the Website). Similarly, personal data may be transferred as part of a corporate reorganisation, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or court order, or in order to enforce, establish, exercise or defend legal rights, the rights, property, or safety of you, us, our group, or employees;
To enforce applicable terms of use, including investigation of potential violations as permitted by law;
To detect, prevent, or otherwise address fraud, security, or technical issues;
To protect against harm to the rights, property or safety of Us, our employees, our users, customers, or the public as required or permitted by law;
We may also seek your express consent in other circumstances where we would like to share specific items of data with a particular party. We will always be transparent about who we are sharing with and why in these circumstances, and you have full control over whether we may share that data or not.
Where is your data stored and is it secure?
The data that we collect from you will be transferred to, and stored in the cloud. It may also be processed by staff operating outside the EEA who work for us, or for one of our hosts. This includes staff and partners engaged in, among other things, the fulfilment of your booking and the provision of support services.
By submitting your personal data, you agree to this transfer, storing or processing, including such transfer storing or processing in any cloud service. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy and the Data Protection Legislation.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
How long do we store your data?
We store your personal data during the time that you are a customer, for purposes of providing you the services, and for up to seven years after you cease to be a customer. If you have never been a customer, but have consented to receive information or marketing updates from us, we may store your data for up to three years after the last time you used the platform.
We reserve the right to store or delete your personal data earlier or later than set forth herein if required to do so by an applicable law or regulation, including the GDPR and for the exercise or defence of legal claims.
Links to other websites
Our Website may, from time to time, contain links to third party websites. If you follow a link to any of those third party websites, please note that those websites have their own privacy policies and we do not accept any responsibility or liability for those practices. Please check those policies before you submit any personal data to those websites.
Your rights
Escape Unclouded are committed to ensuring that you have control and visibility of your personal data. Below is a summary of your rights and additional commitments. You may exercise your rights by contacting us via the data request form.
Right of Access and Rectification
If you wish, you can also request a copy of all the personal data we hold about you, and you have the right to request that we correct any inaccuracies in the personal data we hold about you and complete any personal data where this is incomplete.
It is your responsibility to ensure that any information you have provided to us is accurate and up-to-date.
Right to Erasure (‘Right to be Forgotten’)
Please note that we must legally hold data related to previously booked trips for 7 years.
You have the right to request that your personal data be deleted in certain circumstances including:
- The personal data are no longer needed for the purpose for which they were collected;
- You withdraw a consent (where the processing was based on consent);
- You object to the processing and there are no overriding legitimate grounds justifying us processing the personal data (see Right to Object below);
- The personal data have been unlawfully processed; or
- To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary: - To comply with a legal obligation; or
- For the establishment, exercise or defence of legal claims.
Right to Restriction of Processing
You can ask that we restrict your personal data (i.e., keep but not use) where:
- The accuracy of the personal data is contested; - The processing is unlawful but you do not want it erased; - We no longer need the personal data but you require it for the establishment, exercise or defence of legal claims; or - You have objected to the processing and verification as to our overriding legitimate grounds is pending.
We can continue to use your personal data:
- Where we have your consent to do so;
- For the establishment, exercise or defence of legal claims;
- To protect the rights of another; or
- For reasons of important public interest.
Right to Data Portability
Where you have provided personal data to us, you have a right to receive such personal data back in a structured, commonly-used and machine-readable format, and to have those data transmitted to a third-party data controller without hindrance but in each case only where:
- The processing is carried out by automated means; and
- The processing is based on your consent or on the performance of a contract with you.
Right to Object
You have a right to object to the processing of your personal data in those cases where we are processing your personal data in reliance on our legitimate interests. In such a case we will stop processing your personal data unless we can demonstrate compelling legitimate interests which override your interests and you have a right to request information on the balancing test we have carried out. You also have the right to object where we are processing your personal data for direct marketing purposes.
Automated Decision-Making
You have a right not to be subjected to decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affects you other than where the decision is:
- Necessary for entering into a contract, or for performing a contract with you;
- Based on your explicit consent – which you may withdraw at any time; or
- Is authorized by European Union or Member State law.
Where we base a decision solely on automated decision-making, you will always be entitled to have a person review the decision so that you can contest it and put your point of view and circumstances forward.
Right to Complain
You have the right to lodge a complaint with the Data Protection Authority, in particular in your place of residence, place of work or place of an alleged infringement, if you are unhappy with how we are processing your personal data.
We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of receipt of your request. We may request proof of identification to verify your request. All requests should be submitted through info@escapeunclouded.com.
Changes to our privacy and cookies policies
We reserve the right to change our Privacy and Cookies Policies from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last revised” date at the top. Where you have previously consented to our use of your personal data, your continued use of the website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. If we consider the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of the Privacy Policies in an archive for your review.
Contact us
If you have any questions, comments, requests and complaints regarding our Privacy Policy and the information we hold, please contact us through info@escapeunclouded.com.
Terms of Use
Escape Unclouded (‘Us’, ‘We’) is the trading name of Escape Unclouded Ltd.
We as a data controller collect, process, use and disclose the information you provide by using the Website (www.escapeunclouded.com). We will use your personal data only for the purposes and in the manner set forth below, which describes the steps we take to ensure our processing of your personal data is in compliance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).
What data do we collect?
When you visit or use our Website in any way, we collect and process different types of information about you in different ways.
Information you give us:
Identity Data, including first name, last name, or similar identifier, and title.
Contact Data, including your address, email address and telephone numbers.
Profile and Traveller Data, including history of enquiries and bookings made by you, your preferences, important information required for the delivery of bookings, such as travel plans, dietary and medical requirements, height, weight and other information as required dependent on the booking, your feedback and review responses.
Marketing and Communications Data, including your preferences in receiving marketing from us and your communication preferences.
Financial Data, including bank account and payment card details collected and used solely for purposes of completing your purchase. Financial information provided by you via the Website will be collected, stored and processed by Stripe, or any other third party payment service providers as designated by Us from time to time. We do not store or use your credit card information, and Escape Unclouded Ltd and its employees are unable to view your cardholder information. Stripe, and any other third party payment service providers will be responsible for your payments information which will be subject to the privacy policy of Stripe available here, or any other third party service provider as applicable.
Information we collect:
In addition to the information you provide to us, we collect certain information when you visit our Website, as explained in our Terms of Use. The following additional information may be collected:
Technical Data, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, and the type of device used to access the Platform; information about your visit, including the clickstream to, through and from our Platform (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and any phone number used to call our customer service number. This can be stored in both video and word form and may allow us to access session videos designed to better illustrate how users interact with the platform.
Usage Data, including information about how you use our website, products and services.
Information from other sources
We work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous aggregated information about how users use our services.
How do we use the data?
We will only use your personal data for the purposes and legal bases set out below.
Essential (contractual) uses
The following is essential in order for us to carry out the service you request from us; - To create and maintain your customer account - To process and manage your enquiries and bookings - To provide you with information and updates related to bookings you have requested - To provide customer service and support
As part of our contract with you, we also need to pass essential information about you and your booking to the end provider(s) (Suppliers) of the service(s) you have booked.
When you are making a booking, by proceeding with the booking you acknowledge that all personal information you share with us may be shared with a supplier fulfilling parts, or all of, the service you have requested.
We cannot be responsible for the privacy policy or actions of suppliers, but we do provide them with guidelines on our Privacy Policy.
Uses we’d like your consent for
With your consent we’d also like to do the following. You may withdraw from this at any time after providing your email address:
to provide you with information, ideas and special offers about trips that we think may interest you.
to provide you with information about relevant additional products or services we feel may interest you.
to carry out market research and collect feedback.
to help us identify new potential audiences of like-minded people on the Facebook platform.
We will also ask your consent to publish any reviews you provide about trips you have been on. You can revoke this consent at a later date and have the review removed from the platform by submitting a data request.
Legitimate uses
Data protection regulation allows for personal data to be processed in certain circumstances that are defined as 'legitimate interests'. We believe the following uses are necessary to support our legitimate interest in providing a service to you, provided such interests are not overridden by your interests and rights. You are free to manage your preferences in this regard by contacting info@escapeunclouded.com
to manage, operate and continually improve our website and service to you
to ensure that content is presented in the most effective and safe manner for you and for your computer
to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to allow you to participate in interactive features of our services, when you choose to do so;
to measure or understand the effectiveness of our marketing activity,
to record and support your participation in the features and services you select.
to assist in providing the highest level of customer care
to notify you about important changes to our business and service, which are likely to affect you directly. This may include, for example, updates to our Privacy Policy, or notification of a discontinuation or fundamental change to our products and services.
When you are making a booking on the platform we will also give you the chance to opt out from receiving non-personalised marketing and update emails from us with trip ideas and special offers. We believe it is reasonable to consider that you might be interested in these having booked a holiday with us, but will always give you the chance to opt out at the time.
Legal uses
The following processing is necessary to comply with legal and regulatory obligations - For the prevention and detection of fraud, money laundering or other crimes - For the purpose of responding to a binding request from a public authority or court.
Unless you are making a booking, the provision of your personal data is not a statutory or contractual requirement. You can choose not to provide this information; however, you might not be able to gain access to our information, services or products.
In addition to the purpose for which you submitted your personal data, you may also be given the option (through a check box or otherwise) to have your personal data used for an activity or service different from the primary activity or service that you are requesting.
What about children?
This Website is not intended for children and we do not accept bookings from children under the age of 18.
If you are a child under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information.
If you believe we have unnecessarily collected personal information from a child under the age of 18, please contact us.
Do we share personal information with third parties?
We will never sell or rent your personal data, and only share it with third parties in certain limited circumstances, which we will explain below.
As well as sharing your data with suppliers when you have made a booking with us, there are certain circumstances where we need to share your data with third parties to operate and manage our Website, process bookings, and fulfil and deliver our service to you.
We use a select number of trusted external service providers for certain technical data analysis, processing and/or storage offerings. These service providers are carefully selected and meet high data protection and security standards. We only share information with them that is required for the services offered and we contractually bind them to keep any information we share with them as confidential and to process Personal Data only according to our instructions.
Third Party Service Providers we may share data with include; - providers of payment processing services include Stripe; - providers of analytics and technology services to help us better understand our users’ needs and to optimize this service and experience, including Google Analytics.
We may also provide non-personal data to third parties, where such information is combined with similar information of other users of the Website. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology. The third parties to whom we may provide this information may include our Website design, data analysts, development and hosting contractors.
We may also disclose your personal data to the following recipients:
If Escape Unclouded Ltd or substantially all of its assets are acquired by a third party, in which case your personal data held by us may be included in the transferred assets (for example, in the form of a database of users of the Website). Similarly, personal data may be transferred as part of a corporate reorganisation, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or court order, or in order to enforce, establish, exercise or defend legal rights, the rights, property, or safety of you, us, our group, or employees;
To enforce applicable terms of use, including investigation of potential violations as permitted by law;
To detect, prevent, or otherwise address fraud, security, or technical issues;
To protect against harm to the rights, property or safety of Us, our employees, our users, customers, or the public as required or permitted by law;
We may also seek your express consent in other circumstances where we would like to share specific items of data with a particular party. We will always be transparent about who we are sharing with and why in these circumstances, and you have full control over whether we may share that data or not.
Where is your data stored and is it secure?
The data that we collect from you will be transferred to, and stored in the cloud. It may also be processed by staff operating outside the EEA who work for us, or for one of our hosts. This includes staff and partners engaged in, among other things, the fulfilment of your booking and the provision of support services.
By submitting your personal data, you agree to this transfer, storing or processing, including such transfer storing or processing in any cloud service. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy and the Data Protection Legislation.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
How long do we store your data?
We store your personal data during the time that you are a customer, for purposes of providing you the services, and for up to seven years after you cease to be a customer. If you have never been a customer, but have consented to receive information or marketing updates from us, we may store your data for up to three years after the last time you used the platform.
We reserve the right to store or delete your personal data earlier or later than set forth herein if required to do so by an applicable law or regulation, including the GDPR and for the exercise or defence of legal claims.
Links to other websites
Our Website may, from time to time, contain links to third party websites. If you follow a link to any of those third party websites, please note that those websites have their own privacy policies and we do not accept any responsibility or liability for those practices. Please check those policies before you submit any personal data to those websites.
Your rights
Escape Unclouded are committed to ensuring that you have control and visibility of your personal data. Below is a summary of your rights and additional commitments. You may exercise your rights by contacting us via the data request form.
Right of Access and Rectification
If you wish, you can also request a copy of all the personal data we hold about you, and you have the right to request that we correct any inaccuracies in the personal data we hold about you and complete any personal data where this is incomplete.
It is your responsibility to ensure that any information you have provided to us is accurate and up-to-date.
Right to Erasure (‘Right to be Forgotten’)
Please note that we must legally hold data related to previously booked trips for 7 years.
You have the right to request that your personal data be deleted in certain circumstances including:
- The personal data are no longer needed for the purpose for which they were collected;
- You withdraw a consent (where the processing was based on consent);
- You object to the processing and there are no overriding legitimate grounds justifying us processing the personal data (see Right to Object below);
- The personal data have been unlawfully processed; or
- To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary: - To comply with a legal obligation; or
- For the establishment, exercise or defence of legal claims.
Right to Restriction of Processing
You can ask that we restrict your personal data (i.e., keep but not use) where:
- The accuracy of the personal data is contested; - The processing is unlawful but you do not want it erased; - We no longer need the personal data but you require it for the establishment, exercise or defence of legal claims; or - You have objected to the processing and verification as to our overriding legitimate grounds is pending.
We can continue to use your personal data:
- Where we have your consent to do so;
- For the establishment, exercise or defence of legal claims;
- To protect the rights of another; or
- For reasons of important public interest.
Right to Data Portability
Where you have provided personal data to us, you have a right to receive such personal data back in a structured, commonly-used and machine-readable format, and to have those data transmitted to a third-party data controller without hindrance but in each case only where:
- The processing is carried out by automated means; and
- The processing is based on your consent or on the performance of a contract with you.
Right to Object
You have a right to object to the processing of your personal data in those cases where we are processing your personal data in reliance on our legitimate interests. In such a case we will stop processing your personal data unless we can demonstrate compelling legitimate interests which override your interests and you have a right to request information on the balancing test we have carried out. You also have the right to object where we are processing your personal data for direct marketing purposes.
Automated Decision-Making
You have a right not to be subjected to decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affects you other than where the decision is:
- Necessary for entering into a contract, or for performing a contract with you;
- Based on your explicit consent – which you may withdraw at any time; or
- Is authorized by European Union or Member State law.
Where we base a decision solely on automated decision-making, you will always be entitled to have a person review the decision so that you can contest it and put your point of view and circumstances forward.
Right to Complain
You have the right to lodge a complaint with the Data Protection Authority, in particular in your place of residence, place of work or place of an alleged infringement, if you are unhappy with how we are processing your personal data.
We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of receipt of your request. We may request proof of identification to verify your request. All requests should be submitted through info@escapeunclouded.com.
Changes to our privacy and cookies policies
We reserve the right to change our Privacy and Cookies Policies from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last revised” date at the top. Where you have previously consented to our use of your personal data, your continued use of the website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. If we consider the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of the Privacy Policies in an archive for your review.
Contact us
If you have any questions, comments, requests and complaints regarding our Privacy Policy and the information we hold, please contact us through info@escapeunclouded.com.
Privacy Policy
General terms
Our contract
Your booking is made with Escape Unclouded Ltd (16816184) who is the organiser of your package (us/we/our).
By booking a trip with us you have agreed to be bound by the terms and conditions set out or referenced in:
(a) these Booking Conditions;
(which constitutes the entire agreement between you and us).
Your booking will be accepted by us on this basis. 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.
Bookings made on behalf of others
If you make a booking on behalf of other travellers (for example, family or friends travelling with you):
You are deemed the Primary Contact for that booking and represent that you are authorised to act on behalf of all travellers named in the booking in relation to all matters concerning the booking (including amendments and cancellations), unless we are notified otherwise in writing by a traveller named in the booking.
Before making the booking, you must ensure that each traveller named in the booking is informed of these Booking Conditions;
If you are a traveller named in a booking made by a Primary Contact, you agree that the Primary Contact may amend or cancel your booking on your behalf and you will be bound by their actions, unless you notify us in writing that they are not authorised to do so.
Your info and privacy
Any personal information that we collect about you will be handled in accordance with our Privacy Policy.
If you are the Primary Contact and providing us with the personal information of another person, such as when you make a booking on behalf of a group, request visa support services for others in your group or provide details of an emergency contact or medical conditions, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to the disclosure of their personal information to us.
You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.
Payments and pricing
Acceptance of booking and final payments:
No deposit or split payment plans are offered by us for our group trips. Upon payment for a package, if we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation. If for any reason we do not accept a booking and a payment has been made, then this will be promptly refunded. Please refer to your booking confirmation invoice for details regarding final payments.
Prices and surcharges
Our advertised trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time.
Any reduced pricing or discounts that may become available after we have confirmed your booking will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in “Cancellation by You”.
The most up to date pricing is available on our website. Prices are based on currency exchange rates as at the date of publication; note that prices may vary depending on which currency the booking is made. We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice.
We reserve the right to change the price of your trip after we have issued our booking confirmation invoice in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties not directly involved in the performance of your trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to your trip. We will only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your package, together with a calculation and an explanation for this change. In such instances we will be responsible for and absorb any increase up to 2% of the trip price and you will be responsible for the amount over and above that. If any price increase results in an increase of more than 8% of the trip price you may: (i) accept and pay for the price increase, (ii) cancel the booking and obtain a full refund; or (iii) cancel the booking, obtain a full refund and change to an alternative holiday, if available and offered by us. You must tell us of your decision within 7 days of us notifying you of the price increase. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the booking and provide you with a refund. If you decide to reject the price increase and cancel the booking with a full refund, you may also be entitled to compensation.
Should the cost of your trip decrease due to the changes mentioned above then you will be entitled to a price reduction for your trip. We will be entitled to deduct our administrative expenses of this process, for which we will provide a breakdown if you ask.
Please note that travel arrangements are not always purchased by us in local currency and so changes in exchange rates may have no impact on the cost of your trip due to the arrangements we have in place.
Cancellations and booking changes
Cancellation by you
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective once we have received written confirmation from you that you wish to cancel.
All payments for the trip that we have received from you will be put towards the cancellation fees detailed below.
If you cancel a trip:
(a) between 180 and 91 days prior to departure, we charge a cancellation fee of 60% of the total booking cost (we may offer a credit voucher to you for future bookings for part, or all, of the cancellation fee); or
(b) 90 days or fewer prior to departure, we charge a cancellation fee of 100% of the booking cost. We may offer a credit voucher to you for future bookings for part, or all, of the cancellation fee.
Note that different cancellation conditions apply to some styles of trips and additional services. You are strongly advised to take out cancellation insurance at the time of booking.
If you leave a trip for any reason after it has commenced (other than where we cancel it for operational reasons), we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made for unused services. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Cancellation or changes by us
Minimum Group size: If the minimum group size is not met we may (i) cancel your booking and provide you with a full refund or (ii) amend the itinerary. A change to the itinerary may be a Minor Change or a Significant Change, for which see below.
From time to time we may need to make a change to your booking and we reserve the right to do so at any time.
Minor Changes: Most changes are ‘Minor Changes’ which we are permitted to make without incurring any liability to you. A Minor Change may include, for example, but is not limited to: any change to a route and/or stopping points, a change of accommodation to another of the same or better standard with the same main features in the same destination, or changes to services available at your accommodation.
Significant Changes: Occasionally we may need to make a ‘Significant Change' that we are constrained to make to the main characteristics of your booking, or where we cannot fulfil any of your special requirements which we have accepted. A Significant Change could include a change affecting at least one day in five of the itinerary, a change of accommodation to a different area/resort or to that of a lower standard for the whole or a significant part of your trip.
If we must make a Significant Change, we will tell you as soon as possible and you will have the option of:
a) accepting the proposed change. If this results in a booking or trip of lower quality or cost, you may be entitled to a price reduction; or
b) rejecting the proposed change and cancelling your booking with a full refund of monies paid; or
c) rejecting the proposed change, cancelling your booking and making an alternative booking if we offer this. If you decide to take an alternative booking, we will inform you of its impact on the price of your booking. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction.
Cancellation: On rare occasions we may have to cancel your booking and we reserve the right to do so. If we must cancel, we will notify you as soon as possible. We will also offer you an alternative booking if we are able to do so, and inform you of its impact on the price of your trip. If the alternative booking is of a lower quality or cost, you may be entitled to a price reduction. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the booking.
We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
If you choose to accept a refund we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
We will not pay you compensation and the options set out above will not be available if we make any change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Important Note regarding credit:
In place of a refund, we may offer you the choice of a credit voucher instead of a cash refund when you are entitled to a full or partial refund. Unless specified otherwise, any credit issued to you:
does not have an expiry date;
may be applied towards any other available trip offered by us, except in the case of Deposit Credits which may not be applied to the same or similar dates of travel of the original booking;
is not transferrable to another person or redeemable for cash;
may not be used to book flights or insurance as they will have their own booking conditions; and
in the unlikely event of Escape Unclouded’s insolvency, the credit will not be protected, but may be protected under your credit or debit card chargeback rights. Upon rebooking a trip using credit, please see “Financial Protection” for information about what consumer protection will apply to this booking.
Cancellation by You or Us due to Unavoidable and Extraordinary Circumstances:
In addition to the cancellation rights set out above, you have the right to cancel your confirmed holiday before departure, and we may be required to cancel your trip in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination.
In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation (provided we have notified you without undue delay before the start of your trip). If the cancellation due to a Force Majeure Event occurs after your trip has commenced, Escape Unclouded will offer you refund minus unrecoverable costs of the days that remain on your trip.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism (and threat thereof), industrial disputes, labour strikes, fire, cyber incident, chemical or biological disaster, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the destination.
When determining whether or not cancellation rights for unavoidable and extraordinary circumstances have arisen, we consider the advice of national authorities such as where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. Please visit the Foreign, Commonwealth and Development Office’s (“FCDO”) website to review the latest travel advice about your destination. However, this is not the only factor we take into account in determining whether these cancellation rights have arisen.
Except as set out in these Booking Conditions, we and our suppliers have no responsibility or liability to you for any failure to perform, or a delay in performing, any obligations owed to you which are caused by unavoidable and extraordinary circumstances.
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Booking amendments by you
If you wish to make a change to your booking after we have issued our booking confirmation invoice, please contact us. We will try to accommodate your request but do not have a legal obligation to do so. Please understand that it is often not possible for us to as changes may depend on availability and the terms and conditions of our suppliers. Change fees may be payable in some circumstances.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation fee of up to 100% of that part of the trip.
Inclusions
The land price of your trip includes:
all accommodation as listed in Product
all transport listed in the Product
sightseeing and meals as listed in the Product
the services of a group leader, or session leader, as described in the Product
Exclusions
The land price of your trip does not include:
international or internal flights unless specified
airport transfers, taxes and excess baggage charges unless specified
meals other than those specified in the Product
visa and passport fees
travel insurance
optional activities and all personal expenses
Travel requirements
Your details
For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form which will be provided to you by an Escape Unclouded representative. For more information about how we treat your personal information please refer to our Privacy Policy.
Age & Health requirements
Minimum Age: For our group trips the minimum age is 18 at the time of travel. In some cases, private trips can accompany a traveller(s) under the age of 18, who(m) must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age: For the majority of our trips we have no upper age limit.
Health
Our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can sometimes provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Existing Medical Conditions
If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made.
If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (see “Cancellation By You”).
Emerging Medical Conditions
You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the tour.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (see “Cancellation By You”).
Additional terms
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip.
For Companionship trips, separate terms may be applicable and you may be required to sign a separate document of terms, prior to departure.
Some activities on your trip (such as adventure or high-risk activities) may require you to sign a separate waiver or release form provided by the supplier as a standard part of its business. If you choose not to sign the required waiver, the supplier may not deny participation and you will not be entitled to a refund for that activity.
Passport and visas
We will endeavor to provide information about the passport and visa requirements for your trip.
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by us and/ or the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel within the final destination as set out on your itinerary.
You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for all of the costs you incur as a result of missing or defective documentation. You also agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
Travel insurance
It is your responsibility to ensure you have the appropriate travel insurance in place, prior to your trip, including declaration of all of your medical considerations to your travel insurer. Travel insurance is mandatory for all of our travellers and must be taken out at the time, or within a reasonable time, after booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You may be asked to provide your travel insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip. If you cannot provide these details, you will not be able to join the trip. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
Change of itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration sometimes without prior notice due to local circumstances or events.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary, which may be before or after your departure. We will notify you of any changes to the itinerary.
Before departure: If we make a Significant Change, the ‘Significant Change’ section in “Cancellation or changes by us” above will apply.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. Where this occurs, we will make alternative arrangements for you at no extra charge. If the alternative arrangements are of a lower quality you will be entitled to a price reduction and you may be entitled to compensation for any damage you sustain as a result of the package being changed.
Behaviour and conduct
Our trips are generally run by group leaders, local representatives, crews or coaches (“Leaders”). You must at all times comply with the laws, customs and drug regulations of all countries visited.
If, in our or the Leader’s reasonable opinion, your behaviour is illegal, unsafe, inappropriate, interferes with the well-being of other participants, or materially affects our ability to run the trip as planned, the Leader may in their discretion direct you to leave the trip immediately, at your own cost and with no right to a refund. We may also, at our discretion, place you on our “deny list”, meaning you will not be permitted to travel with us on any future trips booked, and standard cancellation fees will apply. For the avoidance of doubt, this clause applies to unacceptable behaviour displayed before and after your trip.
Acceptance of risk
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
You acknowledge that some trips visit and include overnight accommodation in remote areas which are located considerable distances from hospitals, medical centres or other forms of medical facilities. It may take many hours before you receive any professional medical attention.
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our (and our suppliers’) personnel providing you with first aid on the basis that: (a) they are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include attendance or evacuation by air. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.
Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when in motion. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death
Limitation of liability
To the extent applicable, when you book directly through Escape Unclouded, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (UK) (PTR).
For direct bookings, as the organiser, we are responsible for the performance of all travel services included in your package, which are set out in your booking confirmation invoice.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package (Failure). This will give us the opportunity to resolve the Failure whilst you are on your trip. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation.
When alternative arrangements may be offered
If a significant portion of your package cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your trip. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described below.
You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in your booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation.
Remedy for a Failure
If a Failure substantially affects the performance of your package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your trip or terminate your booking without paying a termination fee.
If you decide to terminate, then if your package included carriage to the destination, we will also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation.
Additional accommodation in the event of Unavoidable and Extraordinary Circumstances
Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, 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.
If a longer period of accommodation than that referred to above is provided for in Passenger Rights Legislation (as described in the PTR) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of unavoidable or extraordinary circumstances, then the limits set out in such legislation will apply instead.
The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: whether the complaints procedure as described in these Booking Conditions was followed and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
Price Reduction and Compensation for Damages
You will be entitled to an appropriate price reduction for any period during which there is a Failure (as described in the clause above), unless the Failure is attributable to you.
You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:
i. attributable to you;
ii. attributable to a third party unconnected with the provision of the services included in your package and the event is unforeseeable or unavoidable; or
iii. due to unavoidable and extraordinary circumstances .
Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation: the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955 and Montreal Convention 1999 (travel by air), Berne Convention 1961 and COTIF 1999 (travel by rail) Athens Convention 1974 (travel by sea) and Paris Convention 1962 (provision of accommodation). We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions. We can provide copies of these conventions from our offices upon request. 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. In any circumstances in which a carrier is liable to you by virtue of UK (EU) 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. 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.
Our liability to you in connection with your Package shall be limited to a maximum of three (3) times the price paid except in cases involving death, injury or illness where we or the travel service providers have caused such damage intentionally or with negligence. In the case of damaged property, our liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases we specifically exclude all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.
You agree to assign to us your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury and you must provide us and our insurers with all assistance we may reasonably require. You must notify any claim to us strictly in accordance with the complaints procedure set out in these Booking Conditions.
22. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
General claims
If you have a complaint about your trip you must inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip by email. 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 these Booking Conditions. If we can’t resolve your complaint, you can go to Citizens’ Advice: https://www.citizensadvice.org.uk/
Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Prompt assistance
If, whilst you are on the tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require the assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or another transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Applicable law
The laws of England and Wales govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause, affects your rights as a consumer to rely on any applicable local laws. However, to the extent permitted by those laws, we limit or exclude those rights to the fullest extent possible.
Assignment and Registered address
Other than in respect of our responsibilities as an organiser, we can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate in our sole discretion on written notice to you. Registered address for Escape Unclouded Ltd: Flat 5, 20 Clarendon Road, Southsea, PO5 2EE, United Kingdom.
Other terms
Indemnity from Parent/Guardian
Where a participant is under the age of 18, the parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers, employees and agents) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the trip, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to be bound by these Booking Conditions in their own behalf.
Promotional terms
From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.
Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion.
Standard Information Form on Traveller’s Rights when booking a Package Holiday
Part 1: General
The combination of travel services offered to you is a package within the meaning of the Package Travel Regulation. Therefore, you will benefit from all UK rights applying to packages. We will be fully responsible for the proper performance of the package as a whole.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.
Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
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