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USA AND CANADA CALL: 1-800-715-2860    UK CALL: 0800 612 8288

Wendy Wu Tours Booking Conditions

Your contract is with Wendy Wu Tours Ltd, a member of ABTA. The following terms shall have the meanings set out below when used in these Booking Conditions.
"Wendy Wu Tours" means Wendy Wu Tours Limited.
"Holiday" means the Holiday booked by you or any person on your behalf, which is referred to in the Brochure.
"Travel Agent" means any Agent through whom your Booking with Wendy Wu Tours is made.
"Force Majeure" means any circumstances which are unusual and/or unforeseeable and are outside Wendy Wu Tours control including (but not limited to) war or threat of war, riot, civil strife, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, weather conditions, closure of airports, fire, flood, drought,health risk,transport delays.

"Major Change" means:-

• a.
• an alteration to your scheduled time of departure or return of 12 hours or more and /or

• b.
• a change of UK departure airport (excluding change of London Airports) and/or

• c.
• a change of Hotel or Apartment to a materially lower rating and/or

• d.
• a significant change of resort area.

2 - Your holiday contractl

• a.
• When you make a booking you guarantee you have the authority to accept on behalf of your party the Terms of these Booking Conditions. A contract will exist as soon as we issue a Confirmation Invoice. The Contract is governed by English and Scottish Law and we both agree to the jurisdiction of the English and Scottish Courts. In the Republic of Ireland the agent for the source of proceedings is the Wendy Wu Tours GSA.

• b.
• On receipt by Wendy Wu Tours or the relevant Travel Agent of your completed Booking Form and deposit(s) we will reserve your holiday in respect of all persons travelling. Please check the invoice when received to make sure the details are as you requested.

• c.
• If you want to cancel or change your Booking you may have to pay cancellation or amendment costs (described below) which may be as much as the holiday cost.

• d.
• All Brochure descriptions are made in good faith and every care is taken to ensure their accuracy. However in consequence of the fact that the Brochure is prepared some time in advance of distribution it is possible that some facilities or amenities might be curtailed or cancelled. Changes may be made at any time prior to our Contract with you. In these circumstances we will notify you of such changes prior to confirmation of your Booking.

3 - Travel documents

A Passport with minimum of six months validity from the intended date of Travel is required for travel for all countries in our programme. Visa fees, where required, are included for UK passport holders in all fully inclusive group packages with the exception of visas for Laos. Non UK passport holders will incur Visa fees. Failure to forward passports to Wendy Wu Tours by a specified date may incur Fees to cover "urgent" Visa processing. Unless otherwise requested your passport will be returned with final documentation approximately 1-2 weeks prior to departure. Responsibility for documentation accuracy, passport validity and dispatch of documents rests with you. Wendy Wu Tours accepts no responsibility in this regard.

4 - Your financial protection

Our Company Number is 5107061. We are a member of ABTA. Holidays/Tours in this Brochure are ATOL protected. We hold ATOL 6639 issued by the Civil Aviation Authority. In the unlikely event of our insolvency you are protected and the CAA will ensure you are not stranded abroad and refund made for any monies paid for an advance booking.

5 - Your holiday price

• a.
• At time of Booking you must pay a deposit of £200 per person. The balance of the Holiday Price must be paid not later than 8 weeks before departure date. If you book within 8 weeks of departure the total price of the Holiday must be paid at the time of Booking. If the deposit or final balance is not paid on time we may cancel your Booking. With any cancellation we will retain your deposit. Money paid by you to the Travel Agent is held by them on our behalf at all times.

• b.
• The cost of your travel arrangements was calculated using exchange rates quoted in the Financial Times at close on 08 July 2007 in relation to the US Dollar at $2.03 to £1.00

• c.
• Wendy Wu Tours reserves the right to raise or lower the price of your holiday at any time before you book. Prices may vary in subsequent editions of, or supplements to the Brochure and it is your responsibility to look at the most recent edition. If, at time of booking the holiday price has changed from that shown in this Brochure, Wendy Wu Tours or the Travel Agent will tell you of the revised price before you commit yourself.

• d.
• Once booked, the cost of your travel arrangements can still be subject to increases such as surcharges for fuel or other aviation costs. Also government imposed increases or major fluctuations in currency rates. In these cases we will absorb the increases up to 2% of the total price of your travel arrangements. Amounts in excess of this 2% will be surcharged to you. If this means you have to pay more than 10% of the price of travel arrangements you may cancel your arrangements and receive a full refund. Should you decide to cancel you must do this within 14 days of the issue date of your final invoice.

• e.
• Exceptional Surcharges. In exceptional circumstances charges maybe imposed on us by government, other authorities or third parties which are of a type or amount not normally applicable to our operations but have the effect of increasing the cost of your transportation, (for example additional security costs triggered by terrorism). If these charges relate to carriage of passengers we will be entitled to pass these charges on to you even if these charges arise after the issue of your flight tickets. Should such exceptional surcharge that you have paid to us cease to apply at the time of your flight or become a lesser amount you will be entitled to claim a refund.

6 - Compulsory tipping

Tipping is an expected element in the tourism industry today and the countries we visit are no exception. In order to relieve customers of the expectation to tip individual guides and service providers in each destination we state an amount to be given to the National Guide on arrival to cover the duration of the tour. You will be advised of the amount payable in your final documentation prior to departure. The amount varies by tour and is subject to change but will not exceed £55 per person (India £80), Yangtze Cruise excluded.

7 - If you change your booking

If after receiving our confirmation you wish to change your travel arrangements in any way, such as change of departure date or accommodation, we will do our best to make the changes but it may not be possible. Please contact us as soon as possible if you do wish to make changes. Requests for changes must be made by the person who made the booking or by your Travel Agent. You will be asked to pay an administration charge for the cost we incur in making this alteration as well as any additional costs of the new arrangements. The administration costs per person are as follows:
Minor amendments to the tour booked - £20
Minor amendments made within 30 days of departure - £30
Transferring between tours or changing departure date - £50
Transferring between tours or changing departure date within 60 days of departure is not permitted - cancellation fees apply
Reissue of airline tickets - £50 plus any non refundable costs of cancelled ticket and any additional costs of the new ticket
Once a booking is confirmed no name transfers are permitted and this will be regarded as a cancellation and cancellation fees apply.
Note: Certain arrangements such as APEX Tickets cannot be changed after a booking has been made and any change will incur a 100% cancellation charge.

8 - If you cancel your booking

• a.
• You or any member of your party may cancel your arrangements at any time. Written notification from the person who made the booking or your Travel Agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements you will have to pay the applicable cancellation charges up to the maximum amount shown in the table.

• b.
• Please note that in the case of cancellation after receipt of documents no refund will be given unless unused tickets are returned to Wendy Wu Tours. Note: If the reason for your cancellation is covered under the terms of your Insurance Policy, you may be able to reclaim these charges from your holiday Insurance Company. Note: Cancellation charges made by our suppliers may exceed the cost of the deposit and we reserve the right to pass these extra costs on to you. Wendy Wu Tours will advise of such fees.

9 - If we change or cancel your holiday

• a.
• It is unlikely that we will make changes to your travel arrangements but we do plan these arrangements many months in advance. We may have to make some changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your Travel Agent of them at the earliest possible date. No compensation is payable for Minor Changes.We also reserve the right to cancel your travel arrangements in any circumstances. For example if the minimum number of clients required for a particular Tour or Travel Arrangement is not reached we may have to cancel it. However we will not cancel your travel Arrangements less than 60 days before your departure date except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements you can either have a refund of monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements except where cancellation is due to nonpayment by you of your final balance we will pay you compensation as set out below.

• b.
• Please note that carriers such as airlines used in the programme may be subject to change. Some flights may have to stop en route for technical reasons and where this is known in advance details are given in flight timetables, otherwise details will be forwarded to your Travel Agent. Flight times given in this Brochure and on subsequent customer invoices are for guidance only. Alteration may be made by UK and Overseas Airport Scheduling Committees or for other reasons. Actual flight times will be shown on your tickets. All bookings are subject to the Civil Aviation Authority granting Licenses. Changes that are deemed to be minor include changes to inward/outward departure times of less than 12 hours, changes to aircraft type and change of accommodation to another of the same standard.

• c.
• If we make a major change to your holiday we will inform you or your Travel Agent as soon as reasonably possible. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your booking and receiving a refund of all monies paid. In all cases except where the major change arises due to reasons of Force Majeure we will pay compensation as detailed below. Such refunds will be made to the Travel Agent or the person who made the Booking if booking direct within ten days of the refund being (or being deemed to be) accepted.

10 - Flight delay

Please note that Wendy Wu Tours has no control over flight delays or the provision of food or accommodation by the airlines. Standard airline policy applies in all cases. Our tour guides will usually be aware of any delays to a direct flight from the UK, or a domestic flight arranged by Wendy Wu Tours. If there is a significant delay, or involves changing to a different flight, the customer should contact our local office, the number of which is given with final documentation.

11 - Flight and other services

• a.
• You are reminded that the captain of an aircraft has complete authority over all passengers. If for any reason the Captain or another in authority denies boarding or carriage your holiday will be terminated immediately as will the contract between you and Wendy Wu Tours and Wendy Wu Tours will have no further responsibility or liability for you.

• b.
• This Brochure is Wendy Wu Tours responsibility. It is not issued on behalf of nor does it commit any airline mentioned herein or used in the course of your travel arrangements.

• c.
• When you book with Wendy Wu Tours you accept responsibility for the proper conduct of yourself and your party on Holiday. Wendy Wu Tours reserves the right to terminate your, or any member of your party's, Holiday due to misconduct. If your actions or those of any member of your party cause damage to the accommodation in which you are staying or cause delay or diversion to any flight or other means of transport you agree to indemnify Wendy Wu Tours against any claim (including legal costs) made against Wendy Wu Tours.

12 - Health requirements

You are required to familiarise yourself with any health requirements specific to the countries being visited. It is highly recommended that you consult your GP and the free Health Advice for Travellers' leaflet from the Department of Health (0870 155 5455 OPTION 4) for this purpose. On certain tours passengers over 70 years of age will be required to obtain a health certificate from their doctor.

13 - Consular advice

We strongly recommend that you review information provided by the Foreign Commonwealth Office on www.fco.gov.uk/knowbeforeyougo or www.fco.gov.uk/travel prior to making your booking.

14 - If you have a complaint

Should you not be satisfied with any aspect of your arrangements you must immediately inform the guide or Tour Captain who will endeavour to resolve the issue at the time. If this is not possible and you wish to lodge a complaint or claim, this must be done in writing to Wendy Wu Tours in London within 28 days of the completion of your Wendy Wu Tours arrangements. Relevant receipts and substantiating evidence must be attached to the letter of claim. If you fail to follow this simple procedure, this may affect your rights under this contract. You may refer any unresolved dispute related to this contract to an arbitration under a special Scheme arranged by the Association of British Travel Agents, and administrated independently by the Chartered Institute of Arbitrators. The scheme does not apply to claims greater than £5000 or £15000 per booking form, nor claims solely or mainly related to injury or illness. Full details will be provided on request, or can be obtained from the ABTA website (www.abta.com).

15 - Responsibility

Your bookings are accepted under the condition that you understand the possible risks involved in travel and that you undertake the tours in our brochure at your own volition. We accept responsibility for ensuring that your travel arrangements are supplied as described in the confirmation invoice letter, and service provided reaches a reasonable standard. If any significant part is not provided due to the fault being our own, and your enjoyment of the tour is adversely affected, we will pay you reasonable compensation. However, we will pay no compensation if it is your fault, or some one unconnected to tour arrangements or unforeseen circumstance beyond our control. In addition, Wendy Wu Tours does not own, manage, control or operate any transportation vehicle, hotel or restaurant or any other supplier of services. All coupons receipts and tickets are issued subject to the terms and conditions specified by the supplier and all services are subject to the laws of the country where the services are provided. We assume no responsibility for the loss or damage to baggage or property or for any injury, illness or death caused directly or indirectly from any unforeseen circumstance beyond our control or Force Majeure. It is your responsibility to ensure that you have appropriate travel insurance in place to cover such events. Your possession of an appropriate travel insurance policy is a condition of travel with Wendy Wu Tours.

16 - Conditions of carriage

Wendy Wu Tours accept responsibility for the proper provision of elements on your Wendy Wu Tours Holiday. However Wendy Wu Tours is recognised as an organiser for travel and holidays only and as such does not control or operate any airline, shipping company, coach company, transport or any other facility or service mentioned in the Brochure. In accordance with this the Terms and Conditions of each supplier of each service incorporated in this contract will apply to you, as will certain circumstances that may be subject to international conventions between countries all of which could limit or exclude our responsibility to you. A copy of such limitations may be inspected at your Travel Agent upon request or from Wendy Wu Tours Limited, 30-32 Tabard Street, London SE1 4JU.