Terms & Conditions – Please read carefully
These Terms and Conditions apply to all dealings between the client and Your Escape Plan Limited, trading as Escape Plan, Registered Office Broughton House, 6-8 Sackville Street, London, W1S 3DG. Company Number 10681971 Tel: +44 203 287 8544 Email: firstname.lastname@example.org
· Escape Plan, “us” or “we” refers to the agent, mediator, negotiator and any person acting on behalf of Your Escape Plan Ltd
· “You”, “Your” or “The Client” refers to the person named on the booking and all who accompany them
· The “accommodation provider” or “supplier” refers to the owner of a property, it’s agents and/or the tour operators authorised to market the property
· The “Booking Conditions” refer to the terms set by the accommodation provider
Our Role and Your Contract
i. Escape Plan acts as a negotiator and mediator between the client and the accommodation providers. We do not own nor do we have any control whatsoever over any property/service listings and unless explicitly stated, we make no representations or warranties regarding any of the properties.
ii. When processing your booking, we will arrange for you to enter into a contract with the supplier or his nominated agent.
iii. Your booking through Escape Plan is subject to this Term and Conditions and the Booking Conditions, which define the conditions set out by the relevant accommodation provider, including your rights in the event that something goes wrong with the accommodation you have booked.
iv. In all engagements, Escape Plan will carry out all research necessary in order to present the client with a list of suitable options based on the given parameters and preferences. The engagement will commence when there is direct contact, whether written or verbal, between Escape Plan and the Client.
v. Once engaged, Escape Plan will contact and negotiate with the providers on behalf of the client and subsequently arrange for the client and the provider to enter into a binding contract. This is normally at the time of payment, whether Escape Plan pays the provider or the client does so directly.
vi. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we only act as a mediator and negotiator, Escape Plan holds no responsibility for any errors in any documentation except where an error is made by us.
vii. When you confirm your booking you are entering into a binding contract with the owner of your chosen property, or their representative. Our Terms and Condition as varied and supplemented by the terms and conditions of the individual property owners and providers constitute the basis of your contract and should be read and understood thoroughly.
Booking Procedure and Payment
i. In order to confirm a booking, you must pay the holding fee, deposit and/ or full balance as instructed. As this varies between properties you will be notified at the booking stage of the correct procedure and payment timeline. Should you delay any payment, partial or otherwise, without prior permission of Escape Plan or the provider, you will be in breach of contract and the provider retains the right to cancel the booking and apply the agreed cancellation fees which you will be made aware of at the time of booking. Escape Plan holds no sway with the provider’s discretion to cancel a booking due to breach of contract and shall not be liable for any subsequent loss of money to the client due to relating arrangements being unable to be fulfilled.
ii. The prices and availability given are correct at the time they are presented but they are likely to change with time and demand and can only be guaranteed by a booking.
iii. All transactions must be paid in the provider’s currency and bank charges and transaction fees are to be paid fully and solely by the Client on top of the full invoice amount. If you are paying the provider or us in a currency, which differs from the supplier’s own currency, you may be subject to a currency exchange rate fluctuation and/or international bank charges. You remain fully responsible for paying any and all international bank charges by either the remitting bank or the receiving bank.
iv. Finder fees are applied to certain bookings to cover the cost of the work and research we had to undertake in order to propose those options. This fee is charged instead of the agent commission, which we are normally able to include in the rates we offer to our clients. Properties that are subject to a Finder’s Fee will be clearly stated and the client must pay the accommodation provider directly for the accommodation and the finder’s fee directly to Escape Plan upon Invoice.
v. You are responsible for paying Escape Plan’s finder fee should you opt for a property that has been presented to you and that is subject to this. Should we find that we have been cheated out of this fee, we reserve the right to make a claim against you for this amount plus any funds spent in the claim’s process.
vi. The booking information that you provide to us will be passed on only to the relevant providers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements.
vii. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area ("EEA"), controls on data protection may not be as strong as the legal requirements in the United Kingdom. If we were not authorized to pass this information to the relevant Travel Providers, whether the EEA or not, we would be unable to arrange your booking. In making this booking, you consent to this information being passed on to the relevant parties.
i. We draw your attention to the clauses of the suppliers' booking conditions relating to surcharging. As your booking agent we may be required to collect surcharges on behalf of the suppliers involved in your booking. These are additional amounts that a Travel Supplier may charge after you have booked, because costs have increased in the areas of transportation, including the cost of fuel; duties, taxes and fees; or exchange rates. Surcharges can vary and the amount will be advised to you in writing. Where the supplier involved is a member of ABTA they will follow the code of conduct in regards to levying surcharges. Please see supplier’s terms to understand their surcharges. Whilst suppliers do try to avoid them, surcharges can occur and a failure to pay any surcharged amount requested from you may result in the cancellation of your booking or a refusal to allow you to travel.
ii. The local authorities in certain countries may impose additional taxes (tourist tax, etc.), which have to be paid locally (e.g. at the hotel). You are exclusively responsible for paying such additional taxes.
i. Cancellation Policies are set out by the accommodation providers and vary between properties. These will always be made clear on quotes so the client is aware of them before booking and will accompany all invoices.
ii. Finder Fees applied to qualifying bookings are never refundable.
i. Unless detailed as payable locally or as otherwise confirmed to you in writing, the price includes gas, electricity, water, linen charge plus any maid service as specified or any other extra services specified at the time of booking.
ii. Amendments can only be proposed and accepted in accordance to the provider’s terms and condition and are granted at the sole discretion of the provider. The client agrees to cover all costs relating to these amendments.
iii. Special requests must be communicated at the time of booking and Escape Plan will notify the provider whom will endeavour to accommodate the client whenever possible. Special request are granted at the sole discretion of the provider and Escape Plan holds no liability should these requests not be met, whether agreed to or otherwise.
vi. Properties are let for holiday purposes only, strictly for the agreed time and shall not be used for any other purpose unless agreed with the provider at the time of booking. The number of people agreed with the provider and stated in the booking must not be exceeded without prior consent being given. The quotes given by Escape Plan are based on the occupancy given and should this be inaccurate, the provider will apply extra charges at the time of check in, which the client is fully responsible for.
vii. Some of the properties are located off the beaten track and will require transportation for you to move around. If in doubt, please ask us during the enquiry stage and we shall communicate with the owner to gain a better understanding of the exact location and the requirements around it.
viii. Standards vary enormously from basic but serviceable furnishings and equipment, to the more sophisticated and comfortable. Unless otherwise specifically stated, we make no representations as to the suitability of any property for children or persons with reduced mobility. Please ask the question to us before booking and we will check with the provider to clarify suitability.
ix. You accept that the decoration, furnishings and items provided with the property may differ from materials seen at the time of booking due to necessary changes made by the owner at his/her discretion.
x. Sometimes your accommodation provider may need to make a change. If you have already booked we will let you know as soon as we can, if there is time before your departure. Most changes are minor. Occasionally the travel provider needs to make a major change, a major change would include a change of hotel due to hotel closure or overbooking. This list is not exhaustive and there may be other examples of a major change. Please read the accommodation provider’s Booking Condition to understand what happens in this scenario.
i. We request you take out comprehensive travel insurance before you depart and our services are offered on the understanding that insurance cover has been purchased. This is a condition of booking with most Travel Suppliers that adequate insurance cover is arranged in order to cover you and your party against the cost of cancellation by you before you travel; the cost of assistance (including repatriation) in the event of accident or illness; loss of luggage and money; and other expenses. Some suppliers may prevent you from travelling if proof of insurance cannot be provided. We accept no liability arising from your failure to obtain adequate cover.
ii. You must make sure you are in possession of up to date and compliant travel documents before you leave the UK. Passports are often required to have a validity of at least 6 months from the return travel date. Visas can take weeks to come through and must be applied for in the relevant consular office
iii. In addition, for holidays in the EU/EEA, all UK residents should carry the European Health Insurance Card (EHIC), which enables you to get free or reduced cost medical treatment if you fall ill or have an accident on holiday.
iv. Should you wish to hire vehicles while abroad, an International Drivers Permit is required for many countries outside the UK. Please check if you are travelling to a country that requires it and apply in plenty of time. In remote countries, car insurance and personal liability insurance are not compulsory and most hire vehicles and drivers are not insured due to the high cost. We would strongly urge you to do your research and request actual certificates of insurance if they claim to have it, or if you opt to drive yourself, bare in mind you are financially responsible for any and all damages, including theft. The safest option is to go through taxi companies or use the hotels shuttle services to move around.
i. You should check up-to-date travel advice available from the Foreign and Commonwealth Office before booking/departure by visiting their website FOREIGN TRAVEL ADVICE website which also has a really good TRAVEL CHECKLIST to make sure you have everything in order.
xi. Star ratings vary between different countries. A villa owned by a local might be of subsequent standard to one owned and managed by a multinational company that has a uniform rating system across worldwide properties. Unless stated as verified, which means a member of Escape Plan has personally visited the property and can vouch that the pictures and information outlined on the supplier site is in fact accurate, Escape Plan cannot take any responsibility for what and how suppliers advertise on their site.
xii. Even though you are on holiday, the locals are not and on rare occasions building work might commence without any prior warning near a property. We obviously have no control over this and, should we be made aware of any, we will advise you at the time of booking or at the earliest possible opportunity.
i. Should damage be done to the property or it’s contents, it must be immediately reported to the owner and the cost of a replacement be covered by the client as instructed by the owner or it’s representative. Should damage be done and not reported, it is likely that the damage deposit will not be returned.
ii. Should a problem, deficiency or breakdown arise in or affect your property it is essential that you report it immediately to the property owner/agent in order for it to be rectified. If you fail to promptly notify any problem, deficiency or breakdown so that the owner has no opportunity to remedy it, any claim for compensation you may have is likely to be affected or even lost as a result.
iii. Should you lose your money, documents or possessions whilst away, make sure to report it to the local authorities and get a report at your earliest convenience. Insurance claims normally require this in order to process the claim.
i. It is your responsibility to obtain all the correct travel documentation before departure such as Visas, Passports, International Driver License and any such documents needed to enter and abide to international and local laws. We suggest you seek advice on this before confirming any bookings to make sure you have enough time to obtain all the correct documentation.
ii. It is your responsibility to seek the advice of a medical professional and pay and receive the correct vaccines / inoculations before travelling.
iii. It is your responsibility to keep all children and adults at the property safe, especially around water. Escape Plan will not be held responsible for any accidents that might occur as a result of you not being vigilant either inside or outside the property. A responsible adult must supervise children at all times, particularly around swimming pools, staircases or in any location which could be potential hazards.
iv. You must thoroughly read and observe all pictures and materials sent from the provider and must be satisfied that the property/service is to your taste and standard. Should any questions arise, these must be presented to Escape Plan before the booking process so they can be forwarded to the provider for answers and clarification before any booking is finalized.
Our Responsibility and Indemnity
v. For the avoidance of doubt, your booking is directly with the provider or his representative, not with Escape Plan.
vi. Other than where we are negligent in the provision of our services to you, Escape Plan accepts no liability or responsibility for any complaint, loss, damage, expense or other claim in respect of any aspect of your bookings or travel arrangements. Specifically, we will not be liable for any act or omission by any person not employed directly by us or under our immediate control and whilst we have chosen our Travel Providers with care we have no control over our Travel Providers and so cannot be held responsible for any action or omission of our Travel Providers or their servants, agents or employees.
vii. In respect of all bookings we cannot be held responsible for any loss, damage or expense incurred or suffered by you which results from strike, civil commotion, fire, flood, war, threat of war, terrorist activity, national or nuclear disaster, late delivery, adverse weather conditions any act of God and / or any other event which is outside of our reasonable control.
viii. In no circumstances shall we be liable for any economic loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services under these terms of business or otherwise in connection with these terms of business; or for any indirect, special or consequential loss or damage (howsoever arising).
ix. In all cases the absolute aggregate maximum liability of Escape Plan under or in connection with these terms of business (howsoever arising) shall be limited to 20% of the total price paid by the customer for the specific bookings related to any given complaint.
x. Escape Plan will endeavor to present properties which best fit the client’s criteria (for example: 4 double bedrooms with a pool in a specific area within a certain budget) objectively and based on the materials provided by agencies or suppliers and on our understanding of them. We shall not be held liable to the client for misinterpretation or misrepresentation by our supplier’s materials, or differences in opinion or taste between the provider, client and supplier.
xi. Whilst we are happy to assist clients, when possible, by suggesting certain additional services (payable locally), please note that we do so as your agent and do not enter into any contract with you or the local supplier. We cannot guarantee that any such service will be provided (even where confirmed) and will not be liable if it isn't.
xii. We have no liability for the acts and omissions of the provider or for the performance of the service. Your contract will be with the provider and is subject to their booking conditions. Such services may include the provision of a telephone service, Wi-Fi and/or internet at the property, televisions, videos/DVDs, pool heating, extra cleaning or cooking services, bicycle or boat hire etc. Where discrepancies occur between Escape Plans Terms and Conditions and the supplier’s own Booking Conditions, the supplier’s conditions will apply.
xiii. Since Escape Plan only acts as a mediator and negotiator, we are not liable for any expenses or losses, which you incur as a result of any cancellation or alteration of any booking by your provider and you will need to pursue these directly with the provider in question or the Travel Insurance provider. Additionally, we are not liable for the acts or defaults of providers or for the performance or non-performance of their contractual obligations.
xiv. We will not be responsible for any compensation if the providers are prevented or delayed from carrying out our or theirs responsibilities under these booking conditions as a result of events beyond our control. This means an event that we or the provider could not, even with all due care, have expected to occur or which we or they could otherwise have avoided, including but not limited to the breakdown of any equipment or machinery provided or made available to you, adverse weather or local conditions including flood, snow or storm, the inability of any person to deliver or supply goods (including the availability of transportation, food, utilities and other general requirements) for whatever reason, including the difficulty or increased costs in finding workers to provide or deliver such goods and services; and strikes and industrial action, lock-out or labour disputes, natural disaster, acts of terrorism, war, riot or civil commotion, sabotage or malicious damage, fire, accidents, keeping to any law or governmental order, rule, regulation or direction, local restrictions or bye-laws, local custom or Acts of God.
xv. In our capacity as mediator/negotiator, whilst we will be happy to liaise between you and the provider in relation to any complaints you have, in no circumstances shall we be liable for any refunds and/or compensation in settlement of any complaint or otherwise. The resolution of any complaint is the responsibility of the provider in question, and as a mediator we cannot accept any liability in this respect.
xvi. We do not sell or offer for sale any "packages" or act as an "organizer" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make through us.
We pride ourselves on delivering the highest standard of customer service but if you have any dissatisfaction regarding your travel arrangements they should be reported to the relevant Provider or their local supplier or agent immediately or at least within 7 days from the date of check out. If the Travel Provider is unable to resolve your concern please contact our customer services team who will try to assist you. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If the matter cannot be resolved and it involves an ABTA member then it can be referred to the ABTA Alternative Dispute Resolution (ADR) scheme or you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform.
i. The content of this website is for general use and information only and it is subject to change without notice. The use of such information is entirely at the client’s risk and the responsibility to ensure that any products, services or information meet specific requirements lies solely in the client’s hands.
ii. All materials contained within this website are fully owned by Your Escape Plan Ltd and outside sourced materials have been credited as such. Unauthorized use of any content may lead to damages claims and qualify as criminal offences.
iii. No part of this website can be reproduced or linked to any outside source without our prior written consent.
iv. External links have been provided to simplify the client’s own research and information gathering. We do not endorse, nor can we be held responsible and liable for any information obtained through these sites.
English law governs all contracts unless the service provider requires that the law of the country where their property is located govern your contract with them or the service provided. In the event that you have any dispute with any provider, you will generally be able to ask the Courts of England and Wales to deal with this (or Scotland or Northern Ireland if you are resident in either of these countries). If you have any dispute with Escape Plan in respect of any booking or which concerns our actions as a mediator/negotiator (and not the acts or omissions of the service provider or the property or other services themselves), we both agree this will be dealt with by the Courts of England and Wales only.