Terms & Conditions

Please read these terms and conditions ("terms of use", "terms") carefully before using Redseaexperience.co.uk (“website”, "service") operated by Red Sea Experience Travel Agency. ("us", "we", "our").


The red sea experience travel agency is legally compliant with the package Travel and Linked Arrangements Regulations 2018 (PTR).


Conditions of use

The Website is provided on an AS IS, available basis. Neither our Company nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively affiliates) warrant that use of the Website will be uninterrupted or error-free. Neither our Company nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grant use and access of this website, its products, and its services to those who have accepted its terms.


Cancellation Policy

The traveller may terminate a package any time before the start of the package and is liable to pay an appropriate and justifiable termination fee to Red Sea Experience Travel Agency, taking into account expected cost savings and income from alternative deployment of travel services. Cost savings are costs that Red Sea Experience Travel Agency saves due to termination, e.g. costs that he / she no longer has to pay to a third party. Alternative deployment means that Red Sea Experience Travel Agency has been able to use the freed capacity otherwise, e.g. by selling the package or parts thereof to another traveller. In some instances, Red Sea Experience Travel Agency may not be able to redeploy a travel service and it could be justifiable to not reimburse the corresponding value of that service, although this should be assessed on a case-by-case basis. For example, if Red Sea Experience Travel Agency cannot cancel an air ticket (common with economy class tickets) and, therefore cannot redeploy it, it would be justifiable to not reimburse the price of the ticket. Organisers may also specify standardised termination fees in the contract based on reasonably anticipated savings and income and the amount of time between termination and the date the package was due to start.


Red Sea Experience Travel Agency shall provide a justification for the level of termination fee if the traveller so requests. If the traveller does terminate, Red Sea Experience Travel Agency shall refund the traveller with the amount of the payments he / she has made minus the termination fee; that refund shall be made without undue delay and in any event no later than 14 days after termination.


Travellers also have the right to terminate the package travel contract without paying a termination fee if unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity which significantly affect the performance of the package or the carriage of passengers to the destination. If the traveller does terminate then Red Sea Experience Travel Agency shall provide a full refund without undue delay and in any event no later than 14 days after termination.


Unavoidable and extraordinary circumstances are defined as a situation beyond the control of the party who seeks to rely on such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.


There will occasionally be borderline situations in relation to unavoidable and extraordinary circumstances that need to be considered on a case-by-case basis and may ultimately have to be decided by the courts.


Many travellers, travel companies, and travel insurers use the Foreign, Commonwealth, and Development Office (FCDO) advice as a ‘rule of thumb’ when evaluating whether there are unavoidable and extraordinary circumstances occurring at a location. While this advice will be a critical consideration, it should not be seen as the only criterion and the individual circumstances of the traveller(s) may also be considered. For example, a new outbreak of a contagious virus in a destination would have additional implications for pregnant travellers.


Termination by the Red Sea Experience Travel Agency

There are certain scenarios where Red Sea Experience Travel Agency may terminate the package travel contract. In these circumstances, Red Sea Experience Travel Agency must provide the traveller a full refund but is not liable to pay additional compensation.


This would be either:

  1. The minimum number of participants is not reached. For Red Sea Experience Travel Agency to be able to terminate on this ground, the minimum number must be stated in the package travel contract and Red Sea Experience Travel Agency shall notify travellers of termination within the period fixed in the contract. In any event this should be no later than 20 days before the start of the package for trips lasting more than 6 days;
  2. 7 days for trips lasting between 2 and 6 days;
  3. 48 hours for trips lasting less than 2 days.
  4. Red Sea Experience Travel Agency shall be prevented from performing the contract because of unavoidable and extraordinary circumstances, such as the examples above. If this is the case the Red Sea Experience Travel Agency must notify the traveller as soon as possible.


Bonding.

Travellers are further cushioned from losses as Red Sea Experience Travel Agency is shielded from insolvency through bonding in accordance with PTRs. Red Sea Experience Travel Agency is a member of an approved body that is approved by Department for Business, Energy and Industrial Strategy.


Red Sea Experience Travel Agency has obtained security that covers the reasonably foreseeable costs of and delivers effective and prompt return of all payments made by the traveller for services not performed, and for the travellers’ effective and prompt repatriation in the event of the Red Sea Experience Travel Agency’s insolvency.


Insurance.

Red Sea Experience Travel Agency has taken out one or more insurance policies which recognises the travellers as the insured persons and therefore pays direct to the travellers in the event of insolvency. This policy is held with an insurer that is authorised in the UK, Channel Islands, or the Isle of Man. Red Sea Experience Travel Agency shall ensure that any insurance policy that it has secured is not voided due to negligence or a breach of condition on their part.


Trust Account

Red Sea Experience Travel Agency guarantees that money paid by travellers shall be held by an independent trustee until the contract has been performed. The independent trustee can pass the money to Red Sea Experience Travel Agency only when they provide evidence that the contract has been fulfilled or if evidence is provided that Red Sea Experience Travel Agency has repaid a portion of the money to the traveller, or the money has been forfeited on cancellation by the traveller.


The costs of administering the Trust has been paid by Red Sea Experience Travel Agency. This includes all costs of operating the trust and in the event of an insolvency, including the costs of administering claims. Costs must not be a drain on the trust, resulting in there being insufficient funds to reimburse travellers in full.

If Red Sea Experience Travel Agency is providing a package that includes the carriage of passengers, then they must have insurance in place to cover repatriation, and if necessary, accommodation for the traveller prior to repatriation. As above, the insurance should recognise the traveller as the insured person and therefore pay direct to the traveller in the event of insolvency.


Red Sea Experience Travel Agency may however combine the trust fund with insurance that is compliant with regulation 24. In that case, Red Sea Experience Travel Agency is only required to hold on trust sufficient funds to reach liabilities which are not covered by its insurance policy, any such insurance will be additional to the insurance that Red Sea Experience Travel Agency is required to put in place to cover repatriation costs (if applicable). The insurance policy or policies are held with an insurer who is authorised in the UK, Channel Islands, or the Isle of Man.

Share by: