TERMS AND CONDITIONS
The holidays featured on this website are operated by Yonder Stile Ltd, a company registered in England and Wales, Registered Number: 11803245, Registered Address: 30 Dogwood Rd, Broadstone, Dorset, BH18 9PA. All bookings are made and accepted in accordance with the terms set out in these conditions.
In these Terms and Conditions, ‘you’ and ‘your’ mean all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ mean Yonder Stile Ltd.
1. REQUESTING AN ITINERARY
Requesting a draft itinerary and pricing information from us does not guarantee a place on a Ninebarrow Musical Walking Holiday.
2. MAKING YOUR BOOKING
Booking forms will be sent out by email once you have submitted your details to us via the 'Join Us' page. Returning a booking form to us does not necessarily guarantee a place/places on the next holiday. If places are available, we will advise you by email. We reserve the right to decline any booking at our discretion.
To guarantee your booking, an initial deposit of 10% of the total cost should be paid within 10 working days from the date of places being offered. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. Bookings made through our website will be confirmed once your payment has been verified. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice which will include the details of your booking. A binding contract will only come into force between you and us once we have issued you with a confirmation invoice, which will be sent to the party leader.
3. JURISDICTION AND APPLICABLE LAW
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTOT Arbitration Service or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. METHODS OF PAYMENT
We accept payment by debit card, most major credit cards, sterling cheques drawn on a UK bank account, and BACS transfers. Where you have paid a 10% deposit, the remaining balance of the cost of your arrangements (including any surcharge where applicable) will be due in two stages. A further 40% deposit will be due 12 months in advance of your holiday, and the final balance of 50% will be due not less than 12 weeks prior to scheduled departure. If we do not receive these payments in full and on time, we will be entitled to treat your booking as cancelled by you and retain all deposits paid or due at that date. When we receive your final payment we will send you a welcome pack containing a full range of information about the holiday.
5. YOUR FINANCIAL PROTECTION
We're really proud to be members of The Association of Bonded Travel Organisers Trust Limited (ABTOT) - and as such - we're able to offer our customers significant financial protection.
Total Payment Protection (topp) Policy cover:
In compliance with The Package Travel and Linked Travel Arrangements Regulations 2018, an insurance policy has been arranged with Travel & General Insurance Services Limited (t&g), to protect customers’ prepayments in the unlikely event of our financial failure, and paid in respect of:
non-flight inclusive packages commencing and returning to the UK
the ground handling aspects of packages where the customer is responsible for arranging travel to the destination offered on this website
non-ATOL flight inclusive packages sold to customers outside of the European Economic Area (EEA)
a refund of such prepayments if customers have not yet travelled, or
making arrangements to enable the holiday to continue if customers have already travelled
repatriation of customers as may be applicable, subject to the terms of the insurance policy.
Customers’ prepayments are protected by a topp policy.
In the unlikely event of financial failure please contact the claims helpline on 01702 811397. A copy of the policy is available on request.
This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Hiscox Insurance Company Limited (Hiscox), registered number 00070234. t&g and Hiscox are authorised and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (number 113849)
6. PRICE GUARANTEE AND THE COST OF YOUR HOLIDAY
Once the price of your chosen holiday has been confirmed at the time of booking, (subject to the correction of errors) we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, solely to allow for increase which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday
Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges and/or additional services) will we levy a surcharge. If any surcharge is greater than 8% of the cost of your holiday (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of cancelling your booking and receiving a full refund of all monies you have paid to us. Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you.
You have 7 days from the issue date printed on the surcharge invoice to tell us if you want to cancel. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
We promise not to levy a surcharge within 20 days of the start of your holiday, nor will any refunds be paid during this period.
7. CANCELLATIONS AND AMENDMENTS
Should you wish to cancel your holiday you may do so by writing to us via email or post. If you cancel, you will be liable for the following costs (where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling):
Period before departure in which you notify us Cancellation Charge
More than 70 days Deposits only
70-43 days before departure 65% of total holiday cost
42-29 days before departure 85% of total holiday cost
28 days or less before departure 100% of total holiday cost
We will not materially modify your holiday after the booking has been confirmed unless we are forced to do so due to circumstances beyond our control. Whilst we will do our utmost to avoid such changes and cancellations, we must reserve the right to do so (including in the event that the minimum number of 10 people is not reached). In the unlikely event that it becomes necessary to cancel your holiday or make a significant amendment (e.g. change of accommodation to that of a lower official classification) we will notify you in writing as soon as possible and you will have the option to:
o Accept the alternative arrangement (any reduction in cost will be refunded to you)
o Cancel the holiday and receive a refund of all monies paid.
We regret we cannot accept any 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, force majeure. Force majeure means any event which we, or the supplier of the service(s) in question, could not, even with all due care, foresee or avoid. Such events include war or threat of war, riots, civil strife, terrorist activities, industrial disputes, fire, natural or nuclear disasters, adverse weather conditions and all similar events outside our control.
We reserve the right to cancel your booking at any time and for any reason at our sole discretion. In this event, you would, of course, receive a full refund of any monies paid.
8. CHANGES BY YOU AND TRANSFERS OF BOOKINGS
If, after you have paid your deposit, you wish to change your arrangements in any way, we will do our utmost to accommodate your request, but please be aware that this may not always be possible.
Transfer of booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a) That person is introduced by you and satisfies all the conditions applicable to the holiday;
b) We are notified not less than 7 days before commencement;
c) You pay any outstanding balance payment, an amendment fee of £50 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
d) The transferee agrees to these Terms and Conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Cutting your holiday short:
If you are forced to return home early, or if you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, nor be liable for any associated costs you may incur.
9. ITINERARY CHANGES
All trips are personally researched by us and carefully planned. However, it may be necessary to amend the published itinerary (including the musical line-up, restaurants and caterers). We will of course make customers fully aware of any such changes as soon as possible and make suitable alternative arrangements - any alternatives would, of course, be of equal or better standard than those in the published itinerary. The satisfaction of our customers will always be our priority.
10. SPECIAL REQUESTS & REQUIREMENTS
If you have any special requests, you should inform us of such requests prior to commencement. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
All of our planned activities are fully insured with combined liability insurance. However, we strongly recommend you take out adequate personal travel insurance to cover you against cancellation, illness, personal accident and loss or damage to possessions.
Should you have any complaint whilst on holiday, you must immediately inform us and the supplier of the service in question (for example any accommodation supplier) who will do his/her best to remedy it. If he/she is unable to do so, we must request that you make the complaint known to us in writing within 14 days of your holiday's scheduled completion, and we will do our best to reach a settlement with you. In the unlikely event that you are still unhappy, you may wish to partake in arbitration under ABTOT's Arbitration Service (details on request) in order to bring the matter to a speedy and amicable solution.
Accommodation is among the finest available in the area and all prices are based on standard double/single/twin rooms. Each of the comfortable bedrooms is ensuite, with either a bath or shower room, and offers tea and coffee making facilities, colour TV, hair drier and towels. If you would like to upgrade your room (this carries a supplementary charge), please let us know and we will do our best to meet your requirements. We do not charge a single supplement, subject to room availability. In the event that all single rooms have been booked, it may be necessary for us to levy a small additional charge. You would be advised of this prior to confirming your booking.
Meals prior to checking in and after checking-out are not included. Meals included are: Day 1 - dinner. Day 2 - breakfast, lunch, dinner. Day 3 - breakfast, lunch, dinner. Day 4 - breakfast, lunch, dinner. Day 5 - breakfast. Tea, coffee and juices will be included with all breakfasts, but all other drinks are not included in the package price.
15. WET WEATHER
Rain is a hazard of living in the UK and we would anticipate that walks will go ahead in all but the most inclement weather. No guests will be under any obligation to take part if they prefer not to, however, should they wish to remain behind, they would be responsible for their own time until the main walking party returned later in the day and would also become responsible for transporting themselves to lunch/dinner if the walk was leading directly there. In the event of severely poor weather, a risk assessment would be undertaken on the day to establish the viability of safely taking the group out. In the event that we were unable to safely undertake the day's walk - an alternative indoor activity would be provided and transport would be arranged for any planned restaurant visits at no extra cost.
16. FITNESS, MEDICAL PROBLEMS AND DISABILITIES
Our holidays are designed to be enjoyed by anyone who is reasonably fit. Most walks will be taken at a moderate pace and some will require some short, steeper climbs on coastal paths along with some short sections of steep steps and navigation of stiles. The average length will be between 5-8 miles for each walk. We would anticipate that anyone who walks with any regularity would not have any problems relating to fitness whilst walking with us. If you are in doubt about your physical ability to undertake a walking holiday, let us know so that we can advise you appropriately.
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem, reduced mobility 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. We may require you to produce a doctor’s certificate certifying that you are fit to participate. By accepting the arrangements you agree to review and consider the levels of difficulty of our walks as laid out in the itinerary, and ensure the holiday suits your level of fitness and does not negatively impact any medical conditions.
If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must 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 and impose applicable cancellation charges.
In coming on one of our holidays, you agree to travel and take part entirely at your own risk.
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination.
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 accommodation owner or manager or other supplier. 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 be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
19. OUR LIABILITY TO YOU
(1). We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Terms and Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation, or both. You must inform us without undue delay of any failure to perform or improper performance of the services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms and Conditions and the extent to which ours or our suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2). We will not be responsible or pay you compensation 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:
- 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 holiday and which were unavoidable and extraordinary;
- Force Majeure (as defined in clause 7).
(3). Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your B&B or any other supplier agrees to provide for you where the services or facilities are not advertised in our itinerary and we have not agreed to arrange them.
(4). It is a condition of our acceptance of liability under this Clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5). We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your travel insurance policy
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(6). 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.
(7). You must provide us 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 12 above. 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. 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.
20. IMAGES OF FOOD ON THIS WEBSITE
Because of rights issues, we aren't able to use photographs/video footage of the food which will be available at the restaurants/from the chefs we plan to use during the course of these holidays. We have chosen stock images (to which we hold licenses) to represent the quality and type of food which will be on offer. However, the exact meals shown may not be available to our guests and the presentation, while comparable, will inevitably be different in reality.
21. WHAT'S INCLUDED IN THE HOLIDAYS
Currently - our website details what is included our 2021 holiday itinerary, so this list should be considered as a representative idea only when considering future holidays. This list will inevitably be subject to change and will be updated on the website and in any physical literature before the launch any future holidays.
HOW WE USE YOUR DATA
Why we need your data and what we use it for
We collect information about you so that we can better understand the Ninebarrow audience and so that we can make sure we give each of our fans the right information in the most appropriate way. If you buy a product from our shop, we obviously need your data so that we can get that product to you – and we’ll also use your email address to contact you about other Ninebarrow products we think you might like. If you sign up to our mailing lists at a concert or via the website, we’ll use your name and email address to contact you about upcoming concerts, our latest news and to advertise products that we sell via this website. We use your information collected from the website to personalise your repeat visits. If you’ve signed up for our mailing list, the information we collect about which emails you’ve opened and which links you’ve clicked on will be used to make sure you get more information about the things you like and less information about the things you don’t! If you've given us your address and phone number, we may occasionally contact you about events and offers we think might interest you. Ninebarrow will never pass your details on to any third party and we also take cautionary measure to ensure we do not collect any personal data from you we do not need.
What information do we collect about you?
We collect information about you when you fill in a contact form or email us directly. We also collect information when you voluntarily comment on our blog posts, purchase from us, provide feedback and participate in competitions. Website usage information is collected using cookies. The information we collect about you may include; your name, email address, address, phone number, IP address, location, company name, sex, age, your chosen internet browser and service provider, and device plus any information you supply voluntarily. If you’re on our mailing lists, we’ll track information about which emails you’ve opened and which links you’ve clicked within those emails.
How long will we store your data?
If Ninebarrow provides any paid-for services to you, we are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed. Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information.
What are your rights?
You have the right to request a copy of the information that we hold about you. If you would like a copy of all of your personal information, please email or write to us:
Address: Ninebarrow, 30 Dogwood Road, Broadstone, Dorset, BH18 9PA
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate. If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Information Commissioner’s Office
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How to contact us
Address: Ninebarrow, 30 Dogwood Road, Broadstone, Dorset, BH18 9PA
Phone: 07704 365296