Booking Terms & Conditions

1. About us

These Terms and Conditions, together with our Privacy Policy and any other documents referred to in them, apply to all tours and travel arrangements booked with Kernara. Together they form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations.

Kernara is a trading name of PATWT Ltd, a company registered in England and Wales under company number 17067312, with its registered office at Pixel, Causewayhead, Penzance, Cornwall, England, TR18 2SP.

In these Terms and Conditions, “we”, “us” and “our” refer to Kernara. “You” and “your” refer to all persons named in a booking, including anyone who is added or substituted at a later date.

2. Package travel regulations

Our tours are packages within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. You will benefit from all rights applying to packages under these regulations. We will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have financial protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found at https://www.legislation.gov.uk/uksi/2018/634/schedule/2/made.

3. Making a booking

3.1 How to book

To book a tour, please use our website or contact us by telephone or email to request a quotation. When you are happy with the quotation and have read and agreed to these Terms and Conditions, you may proceed with your booking by paying the required deposit.

3.2 Party leader

The person making the booking (the “Party Leader”) must be authorised to do so on behalf of all persons named in the booking and by the parent or guardian of any party member under 18 years of age. The Party Leader must be at least 18 years old. By paying the deposit, the Party Leader accepts these Terms and Conditions on behalf of all members of the party and confirms that they are authorised to do so.

The Party Leader is responsible for:

• all payments due to us;
• confirming all travelling guest details to us; and
• passing on all information issued by us (including these Terms and Conditions) to all members of the party.

3.3 Formation of contract

A contract between you and us will come into existence when we process your deposit payment and issue you with a confirmation email. Please check your confirmation carefully and contact us immediately if any details appear incorrect or incomplete. We cannot accept liability if we are not notified of any inaccuracies within 10 days of sending the confirmation.

Please ensure that the name of each party member given to us at the time of booking matches the name exactly as it appears on that person’s passport (where applicable).

3.4 Deposit

A deposit of 20% of the total tour price is required at the time of booking. Bookings made within 60 days of departure require full payment at the time of booking.

3.5 Balance payment

The balance of the tour cost must be received by us no later than 60 days prior to your date of departure. The balance payment date will be shown on your confirmation. If we do not receive all payments in full and on time, we are entitled to treat your booking as cancelled, and the cancellation charges set out in clause 5 will apply.

4. Alterations by you & transfer of booking

4.1 Changes

Should you wish to make any changes to your confirmed tour, the Party Leader must notify us as soon as possible in writing. Whilst we will do our best to assist, we cannot guarantee that any request will be met. If we can make the change, you will be advised of any additional costs incurred by us and any costs imposed by our suppliers. We do not charge an amendment fee for processing changes.

Please note that some arrangements cannot be changed once booked without incurring substantial charges (sometimes up to 100% of the cost of that element).

4.2 Transfer of booking

If any member of your party is prevented from travelling, that person may transfer their place to someone else provided:

• the Party Leader requests the transfer in writing at least 7 days before departure;
• all suppliers accept the transfer;
• the transferee satisfies all conditions applicable to the tour;
• the transferee has valid travel insurance; and
• all additional costs and charges are paid.

The Party Leader and the transferee remain jointly and severally liable for all payments. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply.

5. Cancellation by you

5.1 Stress-free cancellation

If you cancel your booking within 30 days of the date of booking confirmation, provided this is more than 60 days before the departure date, you will receive a full refund of all monies paid. This stress-free cancellation guarantee does not apply to bookings made within 60 days of departure.

5.2 Cancellation charges

Cancellations must be notified to us in writing by the Party Leader and will be effective from the date we receive them. The following cancellation charges apply:

Period before departure	Cancellation charge
More than 60 days	Deposit only
30 – 59 days	60% of total price
15 – 29 days	80% of total price
Less than 14 days or no show	100% of total price

5.3 Cancellation due to unavoidable and extraordinary circumstances

You have the right to cancel without paying cancellation charges if unavoidable and extraordinary circumstances (as defined in clause 12) occur at your tour destination or its immediate vicinity and significantly affect the performance of the tour or the transport of passengers to the destination. In these circumstances, we will provide a full refund but will not be liable for any additional compensation.

6. Changes and cancellation by us

6.1 Changes before departure

We will endeavour to provide your tour as confirmed. However, we reserve the right to make changes to your arrangements.

Minor changes: Most changes will be minor and will not entitle you to cancel or receive compensation. Examples include a change of accommodation to one of equal or higher standard, or minor changes to itinerary timings.

Significant changes: If we need to make a significant change to your tour, we will inform you as soon as possible. Examples of significant changes include a change of accommodation to a lower standard for a significant part of your tour, a change of tour destination, or cancellation of all or a substantial number of the activities included. If we make a significant change, you may:

• accept the change;
• accept an alternative tour of comparable standard from us (with a refund of any price difference if the alternative is of lower value); or
• cancel your booking and receive a full refund.

Where compensation is appropriate following a significant change, we will pay reasonable compensation depending on the circumstances and the proximity to departure.

6.2 Cancellation by us

We will not cancel your tour less than 60 days before departure except due to unavoidable and extraordinary circumstances (clause 12), your failure to pay the balance, or because the minimum group size has not been reached.

If we cancel your tour, you may either receive a full refund or accept an alternative tour of comparable standard. We will pay reasonable compensation where appropriate, except where cancellation is due to unavoidable and extraordinary circumstances or failure to reach the minimum group size of two guests.

7. Prices

7.1 Published prices

All prices published on our website are for guidance only and may be subject to change. We will confirm the price of your chosen tour at the time of booking.

7.2 Price changes after booking

Once the price of your tour has been confirmed, we will only increase the price in the following circumstances:

• where the cost of transport increases due to fuel or other power source costs;
• where taxes, fees or charges imposed by third parties (including tourist taxes, landing taxes, or embarkation/disembarkation fees) increase; or
• where exchange rates relevant to your booking change.

We will absorb any increase equivalent to 5% or less of the total tour price. If the increase exceeds 8% of the total price, you will be entitled to cancel and receive a full refund. You must notify us of your wish to cancel within 14 days of being informed of the increase.

7.3 What is included

Unless otherwise stated, the tour price includes:

• Accommodation as specified in your itinerary
• Meals as specified (typically breakfast, lunch, and selected dinners)
• Guided walking or touring activities as described
• Local transport during the tour as specified
• Transfer from specified train station in Cornwall to accommodation on first day of tour
• Transfer from final night’s accommodation to specified train station on final day of tour

7.4 What is not included

Unless otherwise stated, the tour price does not include:

• Flights or other transport to and from the tour start/end point
• Travel insurance
• Items of a personal nature (drinks, laundry, telephone calls, etc.)
• Gratuities
• Any meals not specified in the itinerary
• Any activities or excursions not specified in the itinerary
• Visa or passport fees

8. Insurance

It is a condition of booking that you have adequate travel insurance in place from the date the contract comes into existence until the tour is completed. Your insurance must cover, at a minimum: personal liability, medical expenses (including repatriation), trip cancellation and curtailment, loss of baggage and personal effects, and any activities included in your tour.

It is your responsibility to ensure that your insurance is suitable and adequate for your needs. We may request proof of insurance at any time prior to departure. We will not be responsible for any loss, expense or damage you incur as a result of inadequate or absent insurance.

9. Passports, visas and health requirements

It is the Party Leader’s responsibility to ensure that all members of the party hold valid travel documents (including passports, visas and health documentation) before departure. We can provide general guidance but cannot accept liability if you are refused entry to any country or onto any transport due to inadequate documentation.

Many countries require passports to be valid for at least six months after the return date. Please check requirements for your specific circumstances with the relevant embassy or consulate.

It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure.

10. Our liability — package bookings

10.1 Our responsibility

We accept responsibility for the proper performance of the tour arrangements we are contractually obliged to provide or arrange, as set out in your confirmation. If we or our suppliers negligently perform or arrange those services and this has affected your enjoyment of the tour, you may be entitled to an appropriate price reduction or compensation, or both.

10.2 Limitations

We will not be responsible for any injury, illness, death, loss, damage, expense or other claim which results from:

• the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party;
• the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable; or
• unavoidable and extraordinary circumstances as defined in clause 12.

10.3 Maximum liability

Our maximum liability for claims not involving death or personal injury shall be limited to two times the total tour price paid by or on behalf of the person(s) affected. This maximum will only be payable where you have received no benefit from your tour.

10.4 Local standards

UK laws, requirements and standards will apply to the tour services provided.

10.5 Luggage and personal possessions

We cannot accept liability for loss of or damage to luggage or personal possessions unless caused by our negligence.

The maximum amount we may have to pay you in respect of these claims, if we are found liable, is an amount equivalent to the excess on your insurance policy that applies to this type of loss per person in total. Claims must be directed to your travel insurer in the first instance.

11. Your responsibilities

11.1 Fitness and health

Our tours involve physical activity, including walking on varied terrain. By booking, you confirm that you and all members of your party are sufficiently fit and healthy to participate in the tour you have selected. You must inform us at the time of booking of any medical condition, disability, mobility issue or dietary requirement that may affect your ability to participate or that we need to be aware of.

We reserve the right, at our sole discretion, to decline a booking or to remove a participant from a tour if we reasonably believe they are unable to meet the physical demands of the tour or that their continued participation may endanger themselves or others.

11.2 Behaviour

We expect all guests to show consideration for others. If, in our reasonable opinion or that of any person in authority, your behaviour causes or is likely to cause danger, upset, offence or distress to others, or damage to property, we may terminate your tour arrangements without liability or refund.

11.3 Acceptance of risk

You acknowledge that outdoor activities carry inherent risks including, but not limited to, injury, adverse weather, uneven terrain and encounters with wildlife. You accept these risks by participating in the tour. It is your responsibility to take reasonable precautions for your own safety and that of any children for whom you are responsible.

12. Force majeure (unavoidable and extraordinary circumstances)

In these Terms and Conditions, “unavoidable and extraordinary circumstances” means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include but are not limited to: war or threat of war, civil unrest, terrorist activity (actual or threatened), political disputes, border closures, industrial action, epidemics and pandemics, natural disasters, volcanic eruption, fire, flood, adverse weather conditions, government intervention, airport or port closures, and all similar events outside our or our suppliers’ control.

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from unavoidable and extraordinary circumstances.

13. Complaints

13.1 During your tour

If you have cause for complaint during your tour, you must raise it immediately with your guide or contact us directly so that we have the opportunity to resolve the matter.

13.2 After your tour

If your complaint was not resolved during the tour and you remain dissatisfied, you must write to us within 28 days of your return with full details, quoting your booking reference. If you fail to follow this complaints procedure, your right to claim compensation may be affected or lost.

13.3 Contact details for complaints

14. Prompt assistance

If you are in difficulty during your tour, we will provide such prompt assistance as is appropriate in the circumstances, including information on health services, local authorities and consular assistance, and help with distance communications and alternative travel arrangements. We may charge a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.

15. Financial protection

All customer payments are held in a designated trust account, which means your money is ring-fenced and not made available to Kernara until after your tour has been wholly delivered. In the event of our insolvency, your funds are protected and can be returned to you promptly.

You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made.

16. Data protection

We are committed to protecting your personal data. Full details of how we collect, use and protect your personal information are set out in our Privacy Policy, which can be found on our website.

17. Governing law and jurisdiction

These Terms and Conditions and any contract between us shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with your booking shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. General

18.1 Entire agreement

These Terms and Conditions, together with your booking confirmation, our Privacy Policy and any other documents expressly referred to, represent the entire agreement between you and us in relation to your booking.

18.2 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall continue in full force and effect.

18.3 Third party rights

No person who is not a party to the contract shall have any rights under or in connection with it pursuant to the Contracts (Rights of Third Parties) Act 1999.

18.4 Waiver

Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or our right to enforce it at a later date.

18.5 Communications

We may communicate with you by email, telephone or post. Communications sent by email will be deemed received on the day they are sent. Communications sent by post will be deemed received three working days after posting.