Makeajourney.co.uk business and consumer provision of services terms and conditions (Terms of Service).
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we arrange third party products for you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how the products will be provided to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.1. Who we are. We are makeajourney.co.uk Ltd a company registered in England and Wales. Our company registration number is 10106095 and our registered office is at 18 Wynchereley Crescent, Barnet, England, EN5 1AR.
2.2. How to contact us. You can contact us by telephoning our customer service team at by writing to us at email@example.com and 18 Wynchereley Crescent, Barnet, England, EN5 1AR.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or unavailable, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1. Third party products. Our products are supplied by third parties. We only arrange the supply of the products and we make no guarantee as to the quality of the product or the quality of the information provided about the product including any relevant licences, insurances, or the terms and conditions belonging to the third party supplier. It is up to you to ensure that all information given about the third party supplier’s services is true, accurate and up to date and we will endeavour to assist you in as far as we are able in ensuring the information is true, accurate and up to date.
4.2. Third party contract. Once you have placed an order and it has been accepted a contract will be arranged between you and the third party supplier. You must familiarise yourself with the third party’s terms and conditions which are displayed on our website. We take no responsibility if either you or the third party supplier breach the contract terms between you.
4.3. If the third party cannot accept your order. If the third party are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or unavailable, because of unexpected limits on our resources which could not reasonably be planned for or because they have identified an error in the price or description of the product or because they are unable to meet a delivery deadline you have specified.
4.4. Pictures illustrative only. The images on our website are for illustrative purposes only. We do not make any guarantees based on these images.
4.5. Additional charges. You will be liable for any additional charges with fall outside of the description of the product. This may include but is not limited to additional taxes imposed by other countries, travel costs, excess baggage, visas, vaccination charges, and insurances.
4.6. Health and safety. We make no warranties as to the suitability of a product for you. You must ensure you review your destination and the product including but not limited to checking travel prohibition, foreign culture, warnings, announcements, government travel advice, and suitability to your own health and fitness levels.
4.7. Insurance. Our products do not include insurance and you must take out the necessary insurance policies to cover your requirements and activities. We do not accept liability for any damages and losses that could have been insured against.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, dates of availability of the product or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Changes to the products. We have no control over the products. We cannot make any guarantee that a third party supplier will not change their product. Changes may be made to these terms or the products and we will endeavour to notify you of such changes.
7.1. We are not responsible for events outside our control. If the product cannot be supplied due to an event outside our control then we will contact you as soon as possible to let you know. We will not be liable for any financial losses caused by such an event. Any circumstance not within our control includes but is not limited to acts of God, weather conditions, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an entry ban, collapse of buildings, fire, explosion or accident, or any labour or trade dispute, strikes, industrial action or lockouts.
7.2. We are not responsible if you do not or cannot receive the product. If the product cannot be supplied due to any event preventing you from receiving the product we will not be liable to refund you the price including but not limited to the inability to travel due to delay or cancellation.
7.3. We are not responsible for any personal injury or death outside our control. If a product arranged by us is supplied by a third party we take no responsibility for any personal injury or death caused to you or your travelling companions due to the negligence of the third party provider.
7.4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, passport or visa information. If so, this will have been stated in the description of the products on our website or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us or the third party supplier for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.6. Reasons we may cancel the supply of products to you. We may have to cancel the supply of a product due to:
(a) the inability of the third party provider to provide a product;
(b) in the case of any of events outside of our control (see clause 7);
(c) changes to the product as requested by you or notified by us to you (see clause 6).
7.7. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be cancelling supply of the product, unless the problem is urgent or an emergency. If we have to cancel the product we will adjust the price.
7.8. We may also cancel supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your rights to end the contract
8.1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided including only where:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(c) you have a legal right to end the contract.
8.2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right to change your mind within 14 days and receive a refund. You can change your mind at any time during this period, but before the date the services are to be provided by the third party supplier. You may be required to pay a cancellation fee. However, once the third party has provided the product you cannot change your mind, even if the 14 day period is still running.
8.3. Cancelling outside of the 14 day period. If at any time you wish to cancel your contract and the 14 days period set out in clause 8.2 has ended we may or may not refund you the price and you may have to pay a cancellation fee.
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 07870998857 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form set out in the Schedule and send to us at email@example.com or 18 Wyncherley Crescent EN5 1AR.
9.2. We will only send monies to the account it was made from. If a refund is made we will only refund payment to the same account payment was made from.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, passports and visas.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products not provided but we may deduct or charge you a cancellation fee.
11. If there is a problem with the product
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07870998857 or write to us at firstname.lastname@example.org and 18 Wynchereley Crescent, Barnet, England, EN5 1AR. As we are arranging third party products we may not be able to help you resolve any issues with the third party provider.
12.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong. It is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before your order is placed with the third party provider so that we charge the correct amount. Where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. Our liability is limited. Subject to clause 13.3, our total liability to you for the losses arising under or in connection with a contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the Order .
13.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products .
13.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
14.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
14.2. Except to the extent expressly stated in these terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3. Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sum of the order of the product with the loss has paid by you for products under such contract.
15.1. How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you including passing this information to third party suppliers;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16. Other important terms
16.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract in accordance with clauses 8 and 9.
16.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree this for any reason. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.5. Which laws apply to this contract and where you may bring legal proceedings. These terms shall be governed by and construed in accordance with English law only. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
To: makeajourney.co.uk Ltd
18 Wynchereley Crescent, Barnet, England, EN5 1AR
I/We [*] hereby give notice that I/We [*] cancel my/our [*] order for the supply of the following service [*],
Ordered on [*],
With Order Number [*].
[Name of customer(s)]
[Address of customer(s)]
[Signature of customer(s) (only if this form is notified on paper)]
[*] Delete/fill in as appropriate