Terms & Conditions
The following Booking Conditions together with the information appearing in this website form the basis of your contract with Hibiscus House Gambia. Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions, "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date). "We", "us" and "our" means Hibiscus House Gambia. "Holiday" means the accommodation, travel and other services (as applicable) you book with us in the UK/Gambia for which you make payment to us.
This may not be used in conjunction with any other offer. This offer is valid for stays between 01 June and 30 Sept 2010. Subject to availability. All bookings are subject to Hibiscus House standard terms and conditions. Only continental breakfast applies and the offer does not include the Hibiscus Suite. "Special Offers" - cannot be used in conjunction with any other offer
1. Making your booking
The person making the booking (“the party leader”) must be at least 18 and authorised to do so on the basis of these Booking Conditions by all members of his/her party. The party leader is responsible for making all payments due to us. Once you have made your booking and we have received all appropriate payments (clause 2 below) we will, subject to availability, confirm your holiday by issuing a written confirmation (see below). This confirmation will be sent to the party leader. Please check this confirmation carefully as soon as you receive it.
Contact us immediately if any information, which appears on the confirmation or any other document we send you appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 14 days of our sending it out. Please note, verbal information and quotes will not be binding on us unless confirmed by us in writing.
Please note we will provide you with your written confirmation either by post, electronically or email. If you book with us by e-mail, we will provide your confirmation to you electronically or by email. If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking you would prefer it to be provided electronically or by email. All references to “your written confirmation” therefore means confirmations provided by post, electronically or by email s applicable. It is your responsibility to check your emails regularly.
In order to confirm your chosen holiday, your deposit must be paid at the time of booking (20% of full price). If booking is within 6 weeks of the start of your holiday, the full cost must be paid when you book. The balance of the holiday cost must be received by us at least 6 weeks before the start of your holiday. This date will be shown on the confirmation/invoice. If we do not receive all payments by the due date, we have the right to treat your booking as cancelled by you and retain all deposits paid or due.
3. Your contract
You accept that your booking is subject to these Booking Conditions. A binding contract between us comes into existence when we despatch your confirmation invoice to the party leader. We both agree that English and Gambian Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description, which arises between.
4. Your holiday price
Once the price of your holiday has been confirmed at the time of booking it is fully guaranteed and will not be subject to any surcharges. We reserve the right to increase or decrease the prices of unsold holidays at any time. The price of your chosen holiday will be confirmed at the time of booking. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
5. Special request and medical problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant party we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the relevant party or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
6. Altering your holiday booking
If you wish to change any aspect of your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet any such requests, particularly where made within 4 weeks of the start of your holiday or after tickets have been issued. We will not charge any fee if a change is possible. However, if the change cannot be made and you are unable to commit to your initial booking then no refund shall be given.
7. Cancelling your holiday booking
Should you wish to cancel the whole or part of your booking once it has been confirmed, the party leader must advise us as soon as possible. He/she must notify us initially by telephone and then by letter sent by recorded delivery to our London address. As we incur costs from the time we confirm your booking and may be unable to resell your holiday, the following cancellation charges will be payable. Where shown as a percentage, cancellation charges are calculated on the basis of the total cost payable by or on behalf of the person's) cancelling.
Number of days prior to the start of your holiday when written notification is received by us Cancellation charge per party cancelling
|49 days or more||Loss of deposit|
|48 - 42 days||50%|
|41 - 31 days||75%|
|30 days prior to arrival||100%|
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and reinvoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified no less than two weeks before the start of your holiday with full details of those who cannot travel and why and the replacement party member(s). Where a transfer to a person of your choice can be made all costs and charges incurred or imposed by any of our suppliers as a result together with the amendment fee set out in clause 6 above must be paid before the transfer can be made.
8. If we alter or cancel your holiday booking
Occasionally we have to make a minor or significant changes to your holiday. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a hotel operator, we can reasonably expect to have a major affect on your holiday.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options for significant changes:
(a) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available.
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us for your holiday.
9. Circumstances outside our control
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “circumstances beyond our control”.
10. Our liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees do or do not do if they were at the time acting within the course of their employment.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the act(s) and/or omission(s) of the person's) affected or any member(s) of their party or
(b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
(c) 'circumstances outside our control' as defined in clause 10 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of Gambia in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.
(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(6) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
11. If you have a complaint
Our aim is for you to have an enjoyable and trouble free holiday. Should there be, however, any cause for complaint, you should inform the manager or our staff immediately. We are unable to accept responsibility for any complaint which can be rectified on site if it is not reported immediately it arises.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the manager. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions. We cannot accept responsibility for the consequences of any breach(es) of these rules and regulations.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the site or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Services. facilities and brochure information
The information contained in any Hibiscus House Gambia literature is correct to the best of our knowledge at the time of going to print.
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK/Republic of Ireland. As a general rule, these requirements and standards will not be the same as the UK/Republic of Ireland and may sometimes be lower. You should therefore take all reasonable precautions to protect yourself and your party whilst on holiday. In particular you should familiarise yourself with fire procedures, swimming pool areas and any unfamiliar cooking appliances. You should also familiarise yourselves with any safety notices on site and ensure that you comply with all specifications for their use. We will not be responsible for any loss and/or damage which occurs as a result of your failure to comply with this condition.
15. Passports, vias and health requirements
The passport, visa and health requirements applicable at the time of printing to British and Irish citizens for the holidays we offer are shown elsewhere in this brochure. A full British or Irish passport presently takes approximately 6 weeks to obtain. 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 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this. In the UK information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a completed and issued form E111 (to be replaced by an EHIC, details in leaflet T6 referred to above) prior to departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British/Irish citizen or holds a non British/Irish passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents result in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. In the case of delays to flights, you are advised to contact the relevant operator directly at the time of the delay.
17. Privacy Statement
For the purposes of the Data Protection Act 1998, we Hibiscus House Gambia are a data controller. In order to process your booking, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your holiday can be. Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or to involves suppliers based outside these countries. We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will obviously only use names and contact details for marketing. The companies organisations and third parties to whom we discloses customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this clause for a period of three years after the end date of the holiday rental or travel-related services provided. We are entitled to assume that you do not object to being communicated with in any of these ways unless you have indicated otherwise either at the time you gave your details to us or subsequently.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. Please note, telephone conversations you have with us may be recorded for training and customer service purposes