Terms & Conditions

INTRODUCTION

Thank you for visiting www.blacktomato.co.uk. This Site is owned and operated by Black Tomato. For purposes of the policy, references to "we," "our," and "us" mean Black Tomato.

1 CONTRACT

For all trips your contract is with Black Tomato Ltd, Riverbank House, 1 Putney Bridge Approach, London SW6 3JD ("Black Tomato") ATOL 9090.

This ensures that your trip is fully protected by these licenses and that in the unlikely event of our insolvency your money is refunded or you are repatriated.

A binding contract is only entered into after we have received a signed contract or a deposit payment, and we have issued a written confirmation invoice via email or letter. By making the booking you accept that you have the authority to bind all members of your party to those terms and conditions. It is essential that you check the travel details we have confirmed and inform us immediately of any errors.

2 PAYMENT FOR YOUR EXPERIENCE

In order to make a booking, a deposit is required. The deposit is variable and will be confirmed at time of booking. The balance is due 10 weeks from departure. If the booking is less than 10 weeks before departure, the full amount is due on booking. If any balance remains unpaid, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charges as set out below. Payment must be in the currency of the invoice and you will be responsible for any bank charges.

Payment for your holiday is by cheque, bank transfer debit or credit card. If payment is made by credit card we reserve the right to levy the appropriate bank processing charge (0%-3%) when you book. For your peace of mind, our site is protected by Thawte and all card payments are encrypted using the internationally accepted Security System, SSL.

3 INSURANCE

We believe it is essential that you take out a comprehensive insurance policy to cover you during your travel, and acceptance of your booking is conditional on proof of adequate insurance.

4 PASSPORTS, VISA'S AND HEALTH REQUIREMENTS

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. Black Tomato regret that they cannot accept liability if any client is refused entry onto any transport or into any country due to failure on their part to carry correct documentation.

5 INFORMATION

Whilst we make every effort to ensure that the information on our website is as accurate and not misleading, it is published many months before your holiday takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. You will be informed of any material changes prior to your booking.

6 AMENDMENT AND CANCELLATION BY YOU

(A) AMENDMENT

We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. You will be responsible for any charges and costs as a result of such amendment and we reserve the right to charge an additional £50 administration fee plus any applicable charges levied by our suppliers.

We reserve the right to treat any amendment less than 8 weeks prior to the date of departure as a cancellation and apply the cancellation charges set out below. If you are prevented from taking your holiday for reasons beyond your control, you have the right to request the transfer of your booking to a person who fulfils any of the conditions that may apply to the holiday, subject to our prior approval. Such person will be bound by this contract and will be jointly and severally responsible with you for payment. We reserve the right to charge an administration fee of £70 for such a transfer.

(B) CANCELLATION

You, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that written notification from the person who made the booking is received at our offices. Any cancellation will incur a charge to reflect the reasonable costs incurred by us in arranging and cancelling your booking. If you cancel more than 10 weeks before departure, this charge is likely to be the amount of your deposit although it could be more. If it is more you will be required to pay us the difference and if it is less we will refund the difference to you. Charges for cancellation after the balance due date will vary due to the complex nature of our travel itineraries. Please ask for the amount of any cancellation charge before cancellation. You should be aware that this charge is likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total cost of your booking. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 

 7 AMENDMENT AND CANCELLATION BY BLACK TOMATO

(A) AMENDMENT

It is occasionally necessary for us to make changes to advertised products and services as described in Clause 5. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance but are not obliged to do so and no compensation is payable. If the change is material (for example, a change of flight time by more than 12 hours, change of destination, or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) arranging an alternative holiday with us; or (iii) cancelling your holiday. Regardless of the option you choose we will pay you compensation, unless the change has been caused by Force Majeure or low bookings, as defined below:

(B) CHANGES DURING THE HOLIDAY

If we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, alternatively, you will be returned to your point of departure and given a pro-rata refund for any part of the holiday not received. This does not apply to minor changes in your accommodation, itinerary or transportation.

(C) CANCELLATION

Whilst we hope we will never have to cancel your holiday, this does very occasionally happen and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard together with a price refund if appropriate, or will give you a full and prompt refund.

(D) FORCE MAJEURE

Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control ('Force Majeure'). These include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers.

(E) TRAVEL DELAYS

We have based our holidays on the services of major international airlines and whilst these airlines are rarely subject to lengthy delays, there are occasions regrettably when delays do occur. Unfortunately we cannot accept responsibility for such events and do not provide for arrangements for meals, overnight accommodation or any other cost resulting from delay.

8 PRICES

All prices advertised or quoted are for guidance only and may be subject to fluctuation until the booking is concluded. Upon booking any increase in price will be limited to reflect increases in transportation costs (including fuel and airfares), dues, taxes (including VAT), fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports), Government action or exchange rate variation. In the event that a surcharge increases the cost of your holiday by 10% or more, you may cancel and receive a full refund (excluding insurance premiums). We will, in any event, absorb the first 2% of any increase, and no surcharges will be made within 30 days of departure. As we have a diverse range of products purchased at different times, we will inform you of the purchasing exchange rate if any surcharge is due to adverse currency fluctuation.

9 OUR RESPONSIBILITIES TO YOU

We take care to ensure that all involved in the preparation and supply of your holiday maintain the highest standards. Please remember that the appropriate standards will be those prevalent in your destination. We undertake the following responsibilities in connection with your holiday: (a) To pay reasonable compensation (subject to (c) below) if the product or service supplied to you is not of the standard described or contracted for by you. This compensation will be limited (except in the case of death or injury) to no more than three times the holiday cost attributable to the complaint; (b) We accept no liability to you for (i) any circumstance where you or any member of your group is at fault, (ii) if the circumstance giving rise to the claim is the fault of someone else not connected with providing the services which form part of our holiday contract with you, (iii) if circumstance giving rise to the claim is due to any unusual or unexpected circumstances beyond our reasonable control which could not have been avoided, or (iv) if the circumstance giving rise to the claim is due to any event which we or the supplier of any service could not anticipate, expect or reasonably prevent; and, (c) any acceptance of liability is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.

10 YOUR RESPONSIBILITIES TO US

By accepting these terms and conditions, you undertake the following responsibilities in connection with your holiday: (a) If you have any complaint or problem whilst on holiday you must inform us, our representatives or the supplier as soon as possible to give us the maximum opportunity to rectify it. Any unresolved complaints must be provided to us in writing within 30 days of your return. (b) It is your responsibility to ensure that all necessary passport (with 6 months validity from the return date of travel), visa, vaccination and other health documents are in order. (c) It is your responsibility to arrange suitable personal travel insurance cover.

11 SPECIAL REQUESTS

Whilst we will endeavour to comply with any special requests such as airline seating, diets, room requirements, we can only do so on a 'goodwill' basis. As these are usually only provided at the discretion of the relevant supplier, we cannot guarantee availability and cannot be held responsible if they are not provided.

12 EXCURSIONS AND ACTIVITIES

We are only responsible for excursions and activities sold by us and which form part of your holiday contract.

13 EVENT TICKETS

Cancellation or curtailment of a major sporting fixture is an unusual occurrence and we accept no responsibility to refund or compensate for changes to an event for reasons beyond our control. Every effort will be made to offer alternative arrangements and in the unlikely event of a cancellation any refund obtained will be passed on to the Customer.

14 JURISDICTION

This contract is governed by English Law and is subject to the exclusive jurisdiction of the courts of England and Wales.

15 DOCUMENTATION

Your tickets, hotel vouchers and information regarding your experience will be sent to you approximately 2 weeks prior to departure.

16 REGISTERED OFFICE

Black Tomato Ltd, Riverbank House, 1 Putney Bridge Approach, London SW6 3JD

Terms and conditions for the use of this website

1 GENERAL

The following are the terms and conditions applicable to access to and/or use of the Black Tomato website (the "Site"). By gaining access to and/or using the Site, you agree to comply with these terms and conditions and all applicable laws, rules and regulations governing use of the Site. The Site is owned and operated by Black Tomato Ltd "Black Tomato" , registered office Riverbank House, 1 Putney Bridge Approach, London SW6 3JD. We reserve the right to change these terms and conditions at any time by posting a new version on the Site, so please check this page of the Site regularly.

2 RESTRICTIONS ON USE

The information and materials on the Site (Information) are provided for the personal use of customers or potential customers of Black Tomato (the 'Customer' or 'You') to review information on events and promotions and to buy tickets. Customers are authorised to visit, view and keep copies of pages on the Site for their own personal use only.

3 COMMERCIAL USE OF THE SITE

Any commercial use of the Site or of any of the Information, in any way, is strictly prohibited unless under licence and with the prior written consent of Black Tomato, the copyright holders. In addition, you must not: copy, download, publish or distribute any Information for any purpose not authorised by these terms and conditions, modify any of the information, use any of the information for public display, performance, sale or rental transfer, remove, modify or alter any copyright, trade mark or other proprietary notice, transfer any information to any other person, link any web-site to the Site or use the Site on its own or in conjunction with other web-sites to sell or re-sell tickets.

4 BLACK TOMATO PROPERTY

The Site and all Information and other content on the Site (including, but without limitation, text, graphics, videos, music, sound and links) is the property of Black Tomato and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws.

Except as expressly permitted by these terms and conditions, none of the Information nor any such content may be reproduced, copied, edited, published, transmitted or downloaded in any way without the prior written consent of Black Tomato nor does Black Tomato grant any express or implied right to you under any of its trademarks, copyrights or other proprietary rights.

Black Tomato logos or any other image bearing the Black Tomato name that are found on the Site are trade marks of Black Tomato. They may not be used without the prior written consent of Black Tomato.

Black Tomato logos or any other image bearing the Black Tomato name that are found on the Site are trade marks of Black Tomato. They may not be used without the prior written consent of Black Tomato.

5 EXTERNAL LINKS

You may from time to time be provided with links to other websites through use of the Site. These sites are not controlled by Black Tomato in any way and Black Tomato is not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them.

6 TERMINATION

Failure to comply with these terms and conditions may result in the termination of your right of access to the Site by us (without refund or further notice to you), including your right to use the Site in the future, along with any other rights which you may have acquired. Furthermore we may require you to destroy any information downloaded, printed or otherwise copied from the Site and may cancel any orders placed by you.

7 DISCLAIMER

(a) Accuracy of Information

The Information is provided on an 'as is' and 'as available' basis. All express or implied warranties of any kind (including warranties of merchantability, fitness for purpose and non-infringement of the intellectual property of a third party) are excluded to the fullest extent permitted by applicable law. Black Tomato makes no representation or assurance of uninterrupted or error free service, or that the Site will provide any specific search results. Black Tomato may change the Information from time to time without notice and makes no commitment to keep the Information up-to-date nor any representation or warranty as to the currency, accuracy or completeness of the Information.

(b) Use of the Site

Use of the Site is at your own risk. While Black Tomato endeavours to ensure that the site is secure we cannot guarantee the security of your personal information, nor that the Site (or any site to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. Black Tomato excludes to the fullest extent permitted by applicable law all liability for any loss, expenses or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of additional revenue or other consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or the Information. Black Tomato is not responsible for the acts or omissions of any Customers, other users of the Site, advertisers on the Site or other third parties connected with the Site nor for the events, services or products of any event organiser, venue, promoter, producer or other third party connected with any event or product sold on the Site.

The Site is controlled and operated by Black Tomato from its offices in England. Black Tomato does not represent or warrant that the Information is appropriate or available for use in other jurisdictions and access to the Information from jurisdictions where its contents are illegal is prohibited. You may only use this Site for lawful purposes and in accordance with these terms and conditions.

7 GOVERNING LAW

These terms and conditions are to be governed by and construed in accordance with English law and any dispute or question in connection with them will be subject to the exclusive jurisdiction of the Courts of England and Wales.

This document was last revised on October 9th, 2007.