When we refer to ‘Personal data’, we mean information that relates to you which allows us to identify you, either directly or in combination with other information that we may hold. Your personal data may include details such as your name, contact details, information relating to your booking with us or information on how you use our website or interact with us.
We will endeavour to keep your information as up to date as possible, ensuring that it is current, accurate and complete.
WHEN DO WE COLLECT PERSONAL DATA ABOUT YOU?
We may collect personal information about you whenever you use our services, when you travel with us, when using our website, when contacting us directly by phone, email, through social media or when visiting our offices.
WHAT INFORMATION DO WE COLLECT?
- When completing an online form such as our enquiry form or brochure request form or when contacting us directly to enquire about one of our holidays, we record basic personal information such as your name, address, email address and contact number.
- When booking a holiday we will collect additional information including your previous experience, passport details, travel insurance, emergency contact details, information relating to dietary requirements and any medical conditions that we may need to be aware of.
- When you sign up to receive email marketing communications from us we require your name and email address. You can manage your preferences to ensure that you only receive marketing emails related to content that you are interested in. Once signed up you will be able to manage your own marketing preferences and are free to unsubscribe from our marketing emails at any time.
- We ONLY collect personal details as a result of your direct interest in Active Holiday. We DO NOT buy any third party lists from other suppliers, or share your data with any third parties without your specific permission to do so.
WHAT DO WE USE YOUR PERSONAL INFORMATION FOR?
We use the information that we hold about you in the following ways:
- To provide you with the information, products or services that you have requested.
- To manage your travel booking and provide you with the relevant services associated with your booking.
- To communicate with you and manage our relationship with you.
- To personalise and improve your customer experience.
- To provide you with news, updates, promotions and offers where we have your permission to do so.
If you are unable to provide us with your personal information, then we will not be able to provide you with the services requested including accepting your booking.
We record in-bound and out-bound telephone calls to help us monitor quality of service and for training purposes. Recording also helps to protect the interests of both Active Holiday and its clients and suppliers. Recordings are paused as a matter of policy when payment details are given over the phone. You also have the right to ask the recording to be paused when giving any other personal information.
You can subscribe to marketing emails via the 'Subscribe to our enews' button on our website or by opting in via one of our website forms. Your personal information is retained and used to provide you with relevant marketing communications, including newsletters, emailshots and special promotions. These communications may be tailored to you based on your preferences and the information that we hold, such as your prior travel history. We are careful not to send you marketing communications too frequently to ensure that they do not become an annoyance.
UPDATING YOUR MARKETING PREFERENCES
Each marketing communication that we send you has the option to ‘manage your preferences’ or ‘unsubscribe’ which will allow you to remove yourself from our mailing list. Alternatively you can contact us directly and we will remove your details.
BROCHURE MAILING LIST
When you complete the brochure request form on our website your details will be recorded in our brochure mailing list. If you no longer wish to receive a copy of our brochure then please contact us at email@example.com or call the office directly and we will remove you from this list.
IMAGES OF YOU ON OUR HOLIDAYS
From time-to-time, our clients, staff or suppliers may take photographs and/or videos of the holiday in progress which may include images of our clients. These images and/or videos may be used in future marketing materials and stored physically and digitally. If you do not wish you or your family to be photographed or filmed or for any photographs and films which may contain images of you or your family to be used in this manner, please advise your guide and/or the photographer at the beginning of your trip.
Our clients also have the option on their return to upload any photos or videos they have taken on their holiday to the KE website. Again, if you do not wish to appear in any images that may appear online please make other clients aware that you do not wish to be included in any photographs.
On the rare occasion that you or any of your family members are included in any images displayed on our website against your will, please contact us at firstname.lastname@example.org and we will remove the images immediately.
LINKS ON OUR WEBSITE
Our site may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
In order to perform the contract that we have with you, we need to share personal information with our ground agents and other relevant suppliers such as distributors, airlines, hotels and transfer companies. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
We will not pass any information onto any person who is not responsible for facilitating the performance of the contract.
HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION FOR?
We do not hold your information for longer than is necessary to facilitate our relationship with you as our client. For example, when you book a holiday with us we will keep the information related to your booking in order to fulfil your travel arrangements. After that, we will keep the information for a period which enables us to handle or respond to any complaints, queries or concerns relating to the booking. The information may also be retained so that we can continue to improve your experience with us and to enable us to set your loyalty membership status.
We will actively review the information we hold and delete it securely, or in some cases put it beyond use, when there is no longer a legal, business or customer need for your information to be retained.
If at any time you wish your information to be deleted from our system, please contact us at email@example.com.
HOW SECURE IS YOUR DATA?
We have taken all necessary steps to put in place the appropriate security measures to protect your information. When you book your holiday online, we use the latest secure server software (SSL) which encrypts your booking information and payment details on submission. For account holders, where you have set your own password to enable you to access your account, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All online financial transactions between you and Active Holiday are conducted through a secure financial portal. Active Holiday does not record or store any payment details directly. For bookings made via telephone your card details are entered directly into the merchant provider’s secure financial portal and no copy is kept locally.
REQUESTING A COPY OF YOUR PERSONAL INFORMATION
You are entitled to a copy of any information held on you by Active Holiday. If you would like to see this, please contact us at firstname.lastname@example.org. We will provide a copy of your information within 30 days of a request.
YOUR HOLIDAY CONTRACT
Your contract is with Active Holiday Ltd. Below are the details of the terms and conditions of the booking agreement. Please read them carefully. When you make a booking and we accept it, a legally binding contract is made. When you complete the booking process, you (and any other person on whose behalf you book) agree to accept all of these conditions, you acknowledge that you have read the relevant Trip Notes and the General Information. You also warrant that the information given by you when making a booking is complete and true. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions which are governed by Montenegrin Law and the jurisdiction of the Montenegrin courts.
OUR COMMITMENT TO YOU
1. YOUR FINANCIAL PROTECTION
We provide full financial protection for our package holidays.
2. YOUR HOLIDAY PRICE
We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
a) The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
b) You should note that no discounts for unused services will be given if at the time of booking or prior to departure you choose not to take part in the full package as detailed in the trip notes.
3. IF WE CHANGE OR CANCEL YOUR HOLIDAY
It is in the nature of a holiday of this kind that arrangements and participants have to be flexible. The day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our advertised holidays that you accept this flexibility. It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will notify you or your travel agent of them at the earliest possible date. In the case of such changes there is no entitlement to cancel without penalty.
We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel your trip. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure, inadequate insurance cover or failure by you to pay the final balance. (For this reason we strongly advise you not to incur any non-refundable incidental expenses, e.g. flights, before we have sent you final confirmation of your itinerary). Note that if you are making your own flight arrangements we cannot be held responsible for any non-refundable costs you incur through booking your own flights or otherwise should we be forced to cancel your trip. If we cancel your travel arrangements for reasons other than the above, we will offer you compensation as set out in the table below. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of lower value). If, for an unforeseeable reason outside of our suppliers’ control, we have to cut short your holiday, no refund or compensation will be made for any unused hotel accommodation, hire equipment, air tickets or any other unused service or feature of the trip.
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure within which notice of cancellation of major change is notified to you.
4. OUR LIABILITY TO YOU
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. In all cases, we will offer you such prompt assistance as is reasonable in the circumstances.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
5. OPTIONAL ACTIVITIES
Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour or for anything that happens during the course of its provision by the operator.
6. WEBSITE RESPONSIBILITY AND INFANTS
This website is our responsibility, as your tour operator.
7. DATA PROTECTION
YOUR COMMITMENT TO US
1. YOUR HOLIDAY PRICE
When you make your booking you must pay a non-refundable deposit. The amount of deposit required varies depending on the holiday. For example a higher deposit is payable if any supplier requires additional payment at the time of booking. The applicable deposit is listed on our website and will be confirmed at the time of booking. On occasion, full payment for a service such as your flights may also be required at the time of booking. Clients booking by telephone will be deemed to have read the booking conditions and the ‘Booking Information’ and agreed to them once payment has been made/taken, although no contract will exist until we have confirmed the booking with a confirmation invoice. We will forward this confirmation invoice with your flight details (if flights are included in the booking) informing you of the date by which final payment must be made for your trip. This is normally 8 weeks before departure. For certain tours, full payment must be received at an earlier stage before the start of your tour. You will be advised at the time of booking when this is the case. Balances can only be paid in the same currency as your deposit. In the case of non-payment of the balance by the due date, we reserve the right to cancel your booking and cancellation charges will apply.
We advise that you book any extensions, extra services or additional accommodation at the time you make your holiday booking. If you wish to book an extension to your trip (or add any additional services to your booking), a separate non-refundable deposit, or the full extension price if less than the deposit, is payable before the extension booking can be confirmed. If you are making your own flight arrangements for a group holiday, you must check that your chosen holiday has reached the minimum numbers required and is guaranteed to run - BEFORE paying for your air tickets. Check with the KE office or check the trip status on the KE website. We cannot be held liable, in cases where we cancel the tour you have booked, for any losses incurred relating to any flight booking, or any other related costs.
2. IF YOU MAKE A CHANGE TO YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, including changing payment from one currency to another, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be made in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £100 and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: certain travel arrangements (eg Apex tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
3. TRANSFERRING TO ANOTHER HOLIDAY
If after our confirmation invoice has been issued, you wish to transfer to another holiday, we will do our utmost to arrange this but it may not always be possible. Any such request must be made in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £100, plus any further costs we incur in making this alteration. You should be aware that costs incurred in transferring a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible. You cannot transfer your holiday later than 10 weeks prior to departure. Any request to transfer your booking received within 10 weeks of departure will be treated as a cancellation and subject to the charges shown in section 4 below. Note: Certain travel arrangements (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.
4. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Cancellation charges as shown below will be applicable.
- More than 20 days before departure: 50% of Deposit
- Less than 20 days before departure: 100% of Deposit
- You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
- In case of inability to travel due to the epidemiological situation or state of emergency in the country, the guest is refunded 100% of the amount paid, regardless of the number of days until the start of the trip.
5. TOUR LEADER AUTHORITY
Booking with us and accepting our terms signify your agreement to abide by the authority of the leader, who represents Active Holiday Ltd. The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the leader considers your general wellbeing will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday or other group members’ enjoyment of it, before you book your holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in the Trip Notes. If you are unable, or choose not to complete an itinerary outlined for a holiday, Active Holiday is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group. Active Holiday Ltd is liable for the negligence of its employees and suppliers when they are acting in the scope of their employment or in the provision of the travel arrangements. The company is not liable for any failures that occur in the performance of the travel arrangements which are attributable to the consumer, or attributable to a third party unconnected with the provision of the services and unforeseeable or unavoidable, or are due to unusual and unforeseeable circumstances beyond the control of the company which could not have been avoided even if all due care had been exercised. Where a traveller is in difficulty, Active Holiday and its representatives will render appropriate assistance without undue delay.
7. PASSPORTS, VISAS, AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. In some cases, full and correct passport information is required when a booking is submitted to us in order that we can obtain necessary tickets, permits and visas on your behalf. If you do not supply the appropriate and correct information when requested, we will not be able to make the necessary bookings on your behalf and cannot be held responsible.
8. TRAVEL AND CANCELLATION INSURANCE
To take part in one of our holidays you must be covered by adequate insurance for the complete duration of your holiday. Your insurance must include cover for; medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by helicopter/air ambulance. If, in the event of an emergency medical rescue or evacuation from a holiday of you the client, either by foot, helicopter or otherwise the responsibility for the payment of such costs will lie with the client. Any subsequent costs incurred for expenses such as hotels, food, transport etc shall be borne by the client. It is imperative that the client ensures adequate insurance cover is in place before departure. It is your responsibility to ensure that the insurance cover you purchase is adequate for the particular needs of you and your party. We do not check insurance policies. We reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance is in place for you. All baggage and personal effects, including bikes, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to check the limitations of your insurance policy in this respect.
9. IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, you must inform your tour leader or, for self-guided trips, the emergency contact provided, who will endeavour to put things right. If your complaint is not resolved locally, you can contact our office by email at KECustomerServices@keadventure.com, or you can write to our Customer Services Department at Active Holiday, Central Car Park Road, Keswick, CA12 5DF, giving your booking reference and all other relevant information. It is best if any correspondence is concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly suggested that you communicate any complaint to your tour leader our our local representative without delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your holiday and this may affect your rights under this contract.
10. PROMOTIONAL IMAGES
If you, or any member of your party, decide to cancel your travel arrangements at any time, written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Cancellation charges as shown below will be applicable.
- More than 20 days before departure
- Less than 20 days before departure
- 50% of Deposit
- 100% of Deposit
If you wish to transfer to another holiday you will be asked to pay any further costs we incur in making this alteration. You should be aware that costs incurred in transferring a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible. You cannot transfer your holiday later than 6 weeks prior to departure.