TERMS AND BOOKING CONDITIONS
Points South Limited ABTOT -membership number 5212
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Points South Ltd, and in the event of their insolvency, protection is provided for the following:
- non-flight packages and
- flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Points South Ltd
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
- How to Book
Having agreed upon the final itinerary please complete the booking form and send it to Points South along with the non- refundable deposit of 10% of the total amount.
The booking can also be confirmed by telephone and sending the booking form by post. The booking form must be signed as this confirms that you and other people on the tour accept our booking terms and conditions and are entering into the contract. On receipt of the signed booking form and deposit a confirmation and invoice will be forwarded to you by return and a contract will exist between us.
A deposit of 10% per person is required at the time of booking of the total amount of the holiday .The balance is payable six weeks before departure. If you have booked your holiday within the six week period then the total cost of the holiday will be payable at the time of booking. Please note that some hotels require payment in full 3 months before the arrival date during peak season.
Late Payment of final amount. A charge of £50 will be made for payments made more than seven days after the final payment due date.
All prices mentioned for tour/ travel arrangements are in pounds sterling.
All payments can be made to Points South by bank transfer or cheque made payable to Points South Ltd. Failure to pay the balance within the specified period will result in the cancellation of the booking, and payment of a cancellation charge as detailed below.
- Amendment to your booking
Once a booking is confirmed, changes (where possible) will incur a £30 amendment fee per alteration to cover administrative costs. Any additional charges passed on to us by airlines or suppliers will also be added to this (often up to the full cost of the flight for flight bookings).
- Cancellation charges
You may need to cancel a holiday booked under unavoidable circumstance.
This cancellation must be received in writing/email from the person who signed the booking form.
The date of cancellation will be the date on which the notice of cancellation is received by Points South Stocks Barn, Webbs lane Beenham Berks RG7 5LH.
The following cancellation charges will apply:
Number of days before departure Cancellation Charge
More than 56 days loss of deposit
30 to 56 days 35% of total cost of tour
less than 30 days 75% of total cost of tour.
Day of departure 100% of total cost of tour.
- Cancellation by us
If Points South Ltd cancels a holiday owing to circumstances beyond its control, we will inform you without delay by email and will suggest an equivalent alternative holiday or at your option give you a full refund of the monies paid by you.
- Changes made to the scheduled program
Arrangements for your tour will be made well in advance, however changes may be necessary owing to a last-minute change of flight schedule or other disruption. If a material change is applied to the programme which will involve a change of destination, means of transport or change of accommodation to a lower standard, the difference of the cost between the services paid for and the services actually provided will be reimbursed. We cannot accept liability, make any refunds, pay you any compensation or meet any costs or expenses you incur as a result when the change is due to circumstances beyond our and our suppliers’ control amounting to force majeure, such as adverse weather conditions, technical problems, civil disorder, natural or nuclear disaster, actual or threatened terrorist activity, fire, industrial action and all similar events outside our control.
All prices mentioned for tour /travel arrangements are in pounds sterling
Prices are subject to change if any levies are applied by the government or there is an increase in hotel tariffs, in which case a surcharge will apply. Prices are normally fixed for the current season.
- Inclusions and exclusions in the tour cost
The inclusions and exclusions are clearly set out on your holiday itinerary, most hotels are booked on a bed and breakfast tariff while some hotels in remote locations, home stays and houseboats offer a full board tariff.
It is a condition of booking that all passengers be fully insured, including 24-hour emergency medical cover and repatriation insurance. Prior to travel, you will need to supply us with full details of your travel insurance.
- Visas and health requirements
Details of this are given separately on this information sheet. You are responsible for your passports, visas, vaccinations, foreign exchange for personal expenses etc. and we do not accept any responsibility for non-communication of relevant details to you.
If any service offered by us is not clear, you should ask for written confirmation from us about its inclusion in the price.
If you have a complaint during your holiday, please immediately inform our ground agent and / or the hotel who will try their best to solve the problem. It is not advisable to do nothing about a problem when it occurs but to later write to us seeking recompense. If you cannot resolve the matter you should e mail us on email@example.com to give us the opportunity to resolve the situation on your behalf. If the problem remains unresolved despite your pointing it out locally to the ground agent when it occurred please write within 7 days of the completion of the holiday, even if you do not return to the UK, whereupon the complaint will be investigated and a reply sent as soon as possible.
- Our Liability
(a) Points South applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions displayed on the Points South website are given in good faith, based on the latest information at the time of posting. Unless specifically advised to the contrary by Points South, nothing shown in any brochure or other publication (whether supplied by us or not) constitutes a condition or term of this contract, or shall be relied upon in any way. In exceptional circumstances outside the control of Points South, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organized labour disputes, adverse weather conditions, and acts of God, Points South, its agents or suppliers cannot be held responsible for any limitation or withdrawal of facilities.
(b) (i) Where you do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with Points South in the United Kingdom not be of a reasonable standard, and, subject to (iii), (iv) and (v) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by Points South.
(ii) Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements with Points South, we accept responsibility subject to (iii), (iv) and (v) below.
(iii) Points South accepts liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure of your holiday arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your fault, or due to the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of full care.
(iv) Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, Points South’s liability and/or the amount of compensation you will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 1929 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention.
(v) Points South’s acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the booking conditions.
(vi)The use by Points South of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability.
(vii) Please note that when you book excursions or other services locally you contract with the local company providing that excursion or service and not with Points South. Points South has no legal liability for anything that goes wrong with such an excursion or service and any claim which you might have arising from the excursion or service will be against the relevant local company and subject to the local company’s terms and conditions.
(viii) Points South’s employees, agents, and representatives have no authority to vary these conditions.
13 .Data protection statement
In order to process your booking we will need to collect certain personal details from you, these details will usually include the names and addresses of all members of the party, certain credit/debit card or other payment details. The information will be passed on to relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs and immigration if required by them.
If you travel outside the European Economic area controls on data protection may not be as strong as the legal requirements in Europe. If we cannot pass this information onto our relevant suppliers, we will not be able to provide your booking. In making a booking you consent to this information being passed onto the relevant persons.
- Website disclaimer
Points South endeavors to ensure that all information displayed on the web site is accurate however in exceptional cases mistakes will arise. We cannot accept responsibility for these errors. Points South owns the rights to the web site and disclaims our liability in general for use of the website.
Your holiday contract with Points South is made on the terms of these booking conditions which are governed by English law and both parties shall submit to the jurisdiction of English courts at all times.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(2) What information do we collect?
We may collect, store and use the following kinds of personal information:
[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation.
[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services.
[(c) information that you provide to us for the purpose of registering with us.
[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters .
[(e) any other information that you choose to send to us.
[(f) other information.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
[Our payment services providers] may also send you cookies.]
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]
We use both“session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website. We will use the persistent cookies to: enable our website to recognise you when you visit.
[Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]
[We publish Google Adsense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.]
(4) Using your personal information
We may use your personal information to:
[(a) administer the website.
[(b) improve your browsing experience by personalising the website.
[(c) enable your use of the services available on the website.
[(d) send to you goods purchased via the website, and supply to you services purchased via the website.
[(e) send statements and invoices to you, and collect payments from you.
[(f) send you general (non-marketing) commercial communications.
[(g) send you email notifications which you have specifically requested.
[(h) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications.
[(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user.
[(j) deal with enquiries and complaints made by or about you relating to the website.
[(k) other uses.
[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
[We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
[(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
[(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]
[(6) International data transfers
Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to such transfers of personal information.
(7) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).
(8) Policy amendments
(9) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
(10) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(11) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(13) Data controller
The data controller responsible in respect of the information collected on this website is RST Developments.
Our data protection registration number
 “Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information. (We use “personal data” and “personal information” interchangeably in this template.)