These conditions apply to all contracts made with Tropic Breeze for inclusive tour holidays (an “ITH”), these are holidays with two or more elements of: transport, accommodation and other tourist activities, and should therefore be read carefully. Should your holiday consist of only one element of the above components (a non-inclusive tour (a “non ITH”)) these conditions may be specifically varied by us at the time of booking.
1.1 The contract is between Tropic Breeze Limited (company number 4137790) (“Tropic Breeze”) whose registered office is at The Old Coach House, Yealmbury Hill, Yealmpton, PL8 2JH and the person signing the booking form (the “Party Leader”).
1.2 A contract is created when we issue a written confirmation invoice (“Confirmation”) to you after receipt of the Booking Form and deposit or full payment. If a Booking Form is not completed, but the Party Leader verbally accepts and confirms our quotation and verbally authorises us to take a deposit or full payment by credit or debit card by supplying us with the card details and we issue Confirmation, a contract is also created.
1.3 Your Financial Protection: Air holidays are protected by Air Travel Organisers' Licensing ("ATOL") since we hold an ATOL Licence granted by the Civil Aviation Authority ("CAA"). Our ATOL number is 5615. When you buy an ATOL protected flight or ATOL protected flight included holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are not able to provide you with your holiday for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought, or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For more information visit the ATOL website at www.atol.org.uk/atolcertificate. For non-flight inclusive package holidays your payments to us are protected by the Association of British Travel Agents ("ABTA"). Our ABTA number is Y5401. For more information visit the ABTA website at www.abta.com.
1.4 The Party Leader must be over 18 years of age on the date of departure and if any member of the holiday party is 17 years of age or under, the Party Leader agrees to take responsibility for them. The Party Leader also guarantees that he or she has the authority to accept and does accept on behalf of the holiday party these conditions.
2 Booking and Deposits
2.1 To book your holiday you should complete the Booking Form and return it to the address below together with a deposit of £250 per person for hotel holidays, 35% of the total value of the holiday for sailing holidays or such other amounts as we may request from you at the time of booking. The deposit level for a villa holiday is usually 25% but this will be confirmed by your sales consultant. An additional security deposit is also required for villa holidays and is payable on arrival at your villa - the amount will be confirmed to you prior to booking.
2.2 All correspondence will be with the Party Leader, who must have the authority to sign the Booking Form on behalf of the parties identified in the Booking Form. The Party Leader will be responsible for the full cost of the holiday and any associated costs.
2.3 One payment per passenger can be accepted for the deposit, 2% surchage is payable where credit cards or company cards are used, non UK bank cards of all types are charged at 3%.
3 Booking Confirmation and Payment
3.1 Upon receipt of your Booking Form we will send you Confirmation. Please check the details carefully to ensure it accurately reflects the holiday you have requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes later. We may also send you some further information with the Confirmation.
3.2 Should your holiday include a yacht charter a copy of the relevant terms of business of the yacht charter company will be forwarded to you on receipt of your deposit. Should you require a copy of these terms of business prior to that date they may be obtained on request. These terms of business may contain different conditions from those contained herein and you will be required to sign a copy of these terms before you take delivery of your boat.
3.3 The outstanding balance of the price of your holiday is due no later than 70 days before the date of departure. Should we not receive payment of the balance by this date we reserve the right to treat your booking as cancelled by you and the terms of clause 5 will apply. If you are booking within 70 days of the date of departure full payment will be required.
3.4 We will accept one payment per passenger towards the balance. Additional payments may be made but a charge of £2 per payment will be made to cover the additional costs to us. 2% surcharge will be made for credit cards and company card payemts, American Express will incur a 2.5% charge, a 3% surcharge will be made for non UK bank cards of all types. We will process card payments based on the type of card advised by the client, however, we reserve the right to surcharge the client if the bank later charges the company.
4 Can I alter the booking?
4.1 We will do our best to accommodate any alterations you may request after the contract is formed.
4.2 To make an alteration the Party Leader must send us notice.
4.3 We may make an administration charge of £50 per alteration and pass on any third party costs associated with the alteration to you.
4.4 Alterations which are of a major nature may be treated as a cancellation and rebooking (for example, if you want to travel on a different date).
4.5 Subject to clause 4.6, if you are prevented from proceeding with your ITH, you may be able to transfer your booking to a person who satisfies all the conditions applicable to the ITH, provided that:
4.5.1 you authorise the change in writing;
4.5.2 the new lead passenger accepts the transfer and these conditions;
4.5.3 that person complies with the terms of the existing booking (as set out in the Confirmation); and
4.5.4 that person agrees to pay for the actual costs of making the change which will be notified to you before the change takes effect.
4.6 Certain airlines, transport providers, hotel and other accommodation and holiday providers prevent us from changing the name on the booking, and some cannot guarantee that the holiday can be transferred to another person as certain airlines and other transport providers treat changes as a cancellation and either re-book or charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
5 What if I have to cancel my holiday?
5.1 You, or any member of the holiday party, may cancel their holiday at any time provided that the Party Leader gives us notice of the cancellation which is received by us prior to the date of departure together with all documents issued to the Party Leader by us in accordance with this contract.
5.2 Cancellation charges will be payable by you. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that amendment charges are non-refundable. The cancellation charges for an ITH will be calculated as follows:
Percentage of total holiday price
70 days or more
Loss of Deposit
Between 57 and 69 days
Between 56 and 42 days
Less than 42 days
5.3 Where the holiday price has been calculated by reference to minimum occupancy levels and as a result of a cancellation the occupancy level decreases to a level where a higher holiday price would apply, we reserve the right to pass on that additional cost to the other members of the party.
5.4 Please note that certain arrangements may not be cancelled after they have been confirmed in the Confirmation and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangement.
5.5 Please note that you may be able to recover these costs under the terms of your holiday insurance.
5.6 The cancellation charges for a non ITH may be varied by notice prior to formation of the contract.
6 Can Tropic Breeze cancel or alter the booking?
6.1 We will do our utmost to provide the holiday you have booked. However, we reserve the right to cancel your holiday (or part of it) both before and after Confirmation and in any circumstances that we, in our sole discretion, deem appropriate. For example, if the minimum number of customers required for a particular travel arrangement is not reached. If we cancel your holiday, for reasons not including any substantive breach of this contract by you including your non-payment of any money due to us, or the circumstances set out at clause 10.5 (Force Majeure) apply, you will have the following options:
6.1.1 receive a full refund from us; or
6.1.2 accept alternative arrangements from us, of a similar standard and price to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference).
6.2 In addition, each ITH party member named in the Booking Form will be entitled to compensation as set out below in clause 6.7, unless we cancel the holiday because of your non-payment of any money due to us, or the circumstances set out at clause 10.5 (Force Majeure) apply.
6.3 We will do our utmost to provide the holiday you have booked. However, we reserve the right to make minor changes to and correct errors in holiday details both before and after Confirmation. For example, when a yacht is damaged or airlines change their flight schedules or type of aircraft. We will advise you of such alterations as soon as reasonably possible. Such minor changes will not attract compensation, and we regret that we cannot pay any expenses, costs or losses incurred by you as a result of any minor change (unless you have paid for certain facilities or upgrades which are not available to you because of the minor change).
6.4 Sometimes a major change is necessary both before and after Confirmation. A major change may include the following:
6.4.1 a change of UK departure time by more than 12 hours for holidays of 13 nights or less and more than 24 hours for holidays of 14 nights or more (in both cases this would not apply to delayed flights);
6.4.2 a change of hotel accommodation to a lower grade or star rating than that booked (as judged by a reasonable person to be of a lower grade);
6.4.3 a change of resort area for the whole or a major part of your holiday; and
6.4.4 a change of UK departure point (excluding changes between London airports, London, Ebbsfleet and Ashford stations and between Dover and Folkestone ports),
but there may be other significant changes which also constitute major changes.
6.5 If we need to make a major change you will have the following options:
6.5.1 accept the changes;
6.5.2 cancel your holiday and receive a full refund from us; or
6.5.3 purchase alternative arrangements from us, of a similar standard and price to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference). If your holiday has started, you must notify us at the earliest opportunity that there is a failure in the holiday provided and you will be entitled to transport back to the place of departure if possible and only if you have a very good reason to reject the alternative (for example, if the hotel is legally unsafe to stay in, not just if you do not like it).
6.6 In addition to clause 6.5 above, each ITH party member named in the Booking Form will be entitled to compensation as set out below in clause 6.7.
6.7 Please note that the compensation payments below are based on each full fare-paying passenger. Any children paying at reduced rates will receive compensation on a pro-rata basis of the full fare-paying passenger rate.
Period before scheduled departure within which major change is notified to you
Compensation per person
70 days or more
Between 40 and 69 days
Between 39 and 15 days
Less than 15 days
Please note that if you can show that you have incurred greater loss than the above compensation payments, we may offer a greater compensation payment to you.
6.8 The options and remedies identified in clauses 6.4 – 6.6 do not apply in the circumstances set out at clause 10.5 (Force Majeure) and in these circumstances we will do our best to provide you with, what is in our opinion, an acceptable alternative holiday of equivalent retail value. In these circumstances you will not be entitled to compensation or a refund, but if a lower standard of accommodation is only available, and / or the holiday duration is reduced, then our liability shall be limited to refunding the difference in the daily rate, based upon the applicable wholesale contract rate of the holiday.
6.9 The cancellation compensation set out above does not apply to a non ITH.
7 Holiday Insurance
7.1 It is a condition of booking that each party to the Booking Form has suitable and adequate holiday insurance that must cover the following as a minimum:
7.1.1 cancellation by you for any reason, including as a result of illness, death of you or a relative; and
7.1.2 the cost of assistance, including repatriation in the event of accident or illness.
7.2 It is your responsibility to ensure that you have suitable and adequate cover that is valid. You must advise us in writing of your policy number and 24 hour emergency contact telephone number so that we can respond properly to an emergency whilst you are abroad.
8 Can Tropic Breeze vary the price of the holiday?
8.1 The prices on our website are based upon known costs and exchange rates at the time we put this information on our website and are merely intended to provide an indication of the price of a holiday and as such we will not be bound by these prices.
8.2 Each holiday is ‘tailor made’ and a written quotation will be provided upon application. Due to the volume of quotations that are generated, occasionally we may make an error in preparing a quotation. Prior to issuing Confirmation, we will not be bound by such errors. We reserve the right to cancel the booking before and after Confirmation if you do not wish to accept the price which is actually applicable to the holiday.
8.3 The price of the holiday may be subject to a surcharge (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation or disembarkation fees and exchange rates) which may change after you have booked your holiday. We reserve the right to increase the price of your holiday after you have booked, but no later than 30 days before the date of departure, should it become necessary, for example, due to a decline in the exchange rate or a change in our supplier’s prices, taxation on aviation fuel, VAT changes, or government action. In relation to ITHs, we will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements (excluding insurance premiums and amendment charges). If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (excluding insurance premiums and amendment charges), but we will refund in full amounts exceeding such 2%, after deducting an administrative charge of £1. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual or other protection in place. Only increases in excess of 2% will be payable by you and there will be an administrative charge of £1. If you have to pay an increase of more than 10% of the total holiday price you may: (i) cancel your holiday within 14 days of receipt of the surcharge invoice and receive a full refund of all monies paid, except insurance premiums and amendment charges. We will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or reuse your policy; or (ii) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more but if it is of lower quality you will be refunded the difference in price).
9 Special Arrangements
9.1 The prices quoted on our website are based on all parties named on a booking form travelling together.
9.2 We are happy to make arrangements for you to travel separately (for example, different flights, departure locations, etc). There is an administration charge of £20 per booking in this respect.
9.3 We are happy to make arrangements for your individual requirements, although, unless we can obtain written confirmation from our suppliers that specific requirements will be met, we cannot make any guarantee in this respect.
9.4 Travel tickets and hotel or yacht charter vouchers are only valid for the dates specified and cannot be transferred to other dates.
10.1 We have taken reasonable steps to ensure that proper arrangements have been made for your holiday, and that the holiday you book is provided to you as described on the website and is of a reasonable standard. We promise to use reasonable skill and care in performing our obligations to you, subject to these conditions. We accept responsibility for the negligent acts and/or omissions of our employees and also for those of our agents, suppliers and contractors where such persons are acting within the scope of their employment or engagement. We will also accept responsibility for any death, injury or illness caused to you as a result of negligent acts and/or omissions of our employees, agents, suppliers and contractors where such persons are acting within the scope of their employment or engagement and arising from activities forming part of your holiday arrangements booked with us. Except where death, personal injury or illness results, our liability to you is limited to the cost of the holiday (excluding insurance premiums and amendment charges).
10.2 We will not be responsible for any death, personal injury, illness, loss, damage, expense, cost or other claim of any description whatsoever which results from:
10.2.1 any act and/or omission of any member of your holiday party;
10.2.2 any act and/or omission of a third party not connected with the provision of your holiday arrangements which was unforeseeable or unavoidable; or
10.2.3 an event as described in clause 10.5 below (Force Majeure).
10.3 Where your holiday is subject to third party terms of business such as a yacht charter company, you may be requested to sign a declaration, detailing your experience, and other matters before you take possession of the yacht. If, at any stage, the charter company considers that your experience is insufficient, they will require you to have a professional skipper on board, at your expense and subject to availability.
10.4 Sailing as a sport has inherent risks and by booking a sailing holiday you are deemed to be aware of these. With the exception of negligence as outlined above, we accept no responsibility for loss or injury arising from the use of any yacht, dinghy or related equipment. In particular we will not accept responsibility for loss or injury through your failure to carry out an instruction or order of the charter company, staff or agents.
10.5 Tropic Breeze shall not be liable to you or be deemed to be in breach of this contract by reason of any delay in performing or any failure to perform any of our obligations in relation to you if the delay or failure was due to any cause beyond our reasonable control (“Force Majeure”). Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
10.5.1 Act of God, explosion, flood, hurricane/tempest, volcanic action, ash cloud, tsunami, fire or accident;
10.5.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.5.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.5.4 import or export regulations or embargoes;
10.5.5 strikes, lock-outs or other industrial actions;
10.5.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
10.5.7 unforeseen changes in the schedules of airlines due to technical, safety, or weather constraints;
10.5.8 power failure or breakdown in machinery.
11 Air/Sea Travel and Delays
11.1 Your Confirmation will detail airline, flight numbers and provisional timings. It is your responsibility to confirm your flights with the airline 48 hours prior to departure to confirm final flight times and terminal. We cannot accept responsibility for any loss, including missing a connecting flight, either in the UK or abroad, or unused accommodation, as a result of the late arrival of a flight. You should ensure that you have adequate travel insurance to cover this situation. If you are purchasing a ticket for an onward connecting flight, you are advised to purchase a fully flexible ticket in case of late arrival.
11.2 All air and sea travel is subject to the terms of business of that specific company and may also be covered by the Montreal and Athens Conventions respectively and certain EU Regulations. A copy of such terms and conditions may be obtained on request. The Citizens Information Board, a statutory body which supports the provision of information, advice and advocacy on a broad range of services, contains some further advice at this website: www.citizensinformation.ie/en/travel_and_recreation/air_travel/airline_liability.html.
11.3 European law also provides you with rights against the airline for denied boarding, delays and cancellation of flights. Further information on your rights as a passenger will be available at EU airports, from the airlines or at this website: http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm. Reimbursement of the cost of your flight is often the responsibility of the airline and will not automatically entitle you to a reimbursement of the cost of your holiday from us.
11.4 It is your responsibility to ensure that you have any necessary health documents, a valid passport and visa, if required, for every member of your party (including children) and that the travel documents will not expire within 6 months of your scheduled return date. Requirements may change and you must check the up-to-date position in good time before departure. If you or any member of your party is not a British Citizen or does not hold a British passport, you must check passport and visa requirements with the consulate or Embassy in which you are intending to travel, prior to booking. Depending on your destination, we will set out general information about passport and visa requirements which apply to British Citizens and information about health formalities required for the journey and the stay before Confirmation. For more information about your health when travelling abroad, please see this website provided by the Foreign and Commonwealth Office: www.gov.uk/knowbeforeyougo.
12 Weather Conditions
12.1 There is a significant risk of extreme weather, including storms and hurricanes, in certain areas of the world, including destinations that we feature. You are advised to make your own enquires in this respect prior to completing the Booking Form and we are not responsible for such extreme weather conditions.
12.2 If you are taking a sailing holiday, the charter company may require you to return the yacht to the boat yard, disembark and stay in a hotel at your expense if weather conditions become or are likely to become adverse. You should examine the charter company’s terms of business in this respect.
13 Yacht Insurance
13.1 All the yachts are fully insured, details of which are available on request.
13.2 We cannot accept liability for any loss suffered as a result of the insurers failing to indemnify any risk through you providing incorrect information or previous sailing experience on the Booking Form or to the charter company.
14 Yacht Damage
14.1 You will be required to pay a security deposit prior to taking possession of a yacht. If damage is caused as a result of wilful damage or negligence, or sailing under the influence of alcohol or drugs, or not obeying the charter company’s staff or agents advice or instructions, you may be liable for the full cost of repair or replacement. You should examine the charter company’s terms of business in this respect.
15 Client Behaviour
15.1 We reserve the right, in our absolute discretion, to terminate this contract without further notice if the behaviour of any member of your party, is, in our opinion, or that of our suppliers and agents, likely to cause damage, distress, annoyance or danger to our supplier’s employees or agents, a third party, or their property.
15.2 Upon such termination our responsibility for you ceases and we will not be responsible for any extra costs incurred by you.
15.3 Any party who is denied boarding an aircraft on grounds of serious misconduct shall be deemed to have given notice of cancellation of their holiday in accordance with clause 5, no refund will be payable and we will have no further liability, including to any extra costs you may incur as a result.
16.1 We hope that you will have no cause for complaint, but if you do, this should be raised with the manager of the accommodation or the charter company, who will endeavour to resolve the problem immediately. If having done this, you are still unsatisfied, notice must be sent to us as soon as possible after the end of your holiday. Notice can be sent by post to the address set out in clause 21.2, by email at email@example.com or by telephone on 01752 880 880. The manager of the accommodation or the charter company must also be advised in writing before the scheduled return date of your holiday that you propose taking this step for administrative reasons.
16.2 If we cannot agree on how to resolve an alleged breach of contract or negligence dispute, you can use the arbitration scheme arranged by ABTA and administered independently, provided you comply with the requirements. This scheme is meant to provide a simple and inexpensive method of resolving disputes. For further information please contact ABTA at 30 Park Street, London, SE1 9EQ, or visit the website www.abta.com.
17.1 You may arrange excursions with local suppliers during your holiday. Such excursions do not form part of this contract and do not constitute an additional contract with us. We will not accept responsibility for any excursions, facilities or other services which do not form part of our agreement and/or are not contained in the Confirmation.
18 What if my accommodation or yacht is unavailable?
18.1 Should the accommodation or yacht that you have reserved be unavailable for any reason when you arrive (for example, having been damaged, or due to overbooking) the hotel or yacht charter company may substitute another room, hotel or vessel of equal or greater value and facilities at no extra cost to you. If one is not available, a lower rated room, hotel or vessel may be offered and our liability shall be limited to refunding the difference in the retail rates. You are expected to check the yacht carefully on taking possession. We cannot accept responsibility for missing or damaged equipment that is not advised at this time.
19 Website & Brochure Accuracy
19.1 Any photographs in our brochure and on our website are intended to give a general impression only. There may be occasions when the facilities are withdrawn, sometimes at short notice. If a certain set of facilities are particularly important to you, please ensure that we are advised of this fact on the booking form and where circumstances dictate, we will do our best to advise you of their withdrawal, provided our suppliers have advised us of the relevant omission.
19.2 Although we make every effort to ensure the accuracy of our website and brochure information and pricing, occasionally mistakes do occur. We reserve the right to make changes to correct errors in the brochures and website before and after Confirmation. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
20 Your Personal Information
20.1 We process your personal details contained in the Booking Form when arranging your holiday, this normally involves passing your personal details on to relevant suppliers of your holiday arrangements. We may also keep your personal details in order to contact you in the future about any special offers or promotions we think you may be interested in. If you do not want us to contact you in this way please let us know as soon as possible. You can do this by emailing us at firstname.lastname@example.org. Please see our Privacy and Cookies Policy online for further information.
20.2 We have notified the Information Commissioner's Office about our data processing activities under notification number ZA000157.
21.1 We reserve the right to sub-contract the fulfilment of this contract or any part thereof.
21.2 Any notice required to be sent by you must be in writing and must be sent to Tropic Breeze by prepaid recorded delivery post and shall be effective when received at Tropic Breeze’s address. The address for service on us is:
Tropic Breeze Limited
The Old Coach House
The address for service on the Party Leader is the address as stated on the Booking Form.
For the avoidance of doubt, day-to-day communications may be sent by email at email@example.com.
21.3 English law governs the contract and you agree to submit to the jurisdiction of the English Courts.Bottom of Form You may, however, choose to submit to the laws and jurisdiction of Scotland or Northern Ireland if you are a resident in either of those jurisdictions, but not to any other laws and/or jurisdiction.
© Tropic Breeze July 2013