Standard Booking Terms & Conditions

In these Terms and Conditions (“T&Cs”), “PRIOR”, “we”, “us” and “our” mean PRIOR LLC (a Delaware limited liability company).  References to “you” and “your” mean the client as named on the booking form and all persons on whose behalf a booking is made (including anyone who is added or substituted at a later stage).  References to “trip” mean the travel arrangements PRIOR agree to book for you in accordance with the T&Cs.
 

By making a booking, you agree on behalf of all persons detailed on the booking form that:-

(i)    he/she has read these T&Cs and has the authority to and does agree to be bound by them;

(ii)   he/she is over 18 years of age.
 

Our obligations to you may vary depending upon whether you book with us a package, or a ‘single component arrangement’, or a ‘collection’ of single component elements, or whether we’re acting as an agent on behalf of a third party hotel and our differing obligations are set out below. 
 

We act as an agent in relation to all hotel bookings we make on your behalf.  As such, in relation to these hotel bookings, we accept no liability in relation to the contract you enter into with the hotel or for the provision of the hotel accommodation, or for the acts or omissions of that hotel or other person(s) or party(ies) connected with the hotel.  For all hotel bookings, your contract will be with the hotel in question.  Your booking with us is subject to these T&Cs and the specific booking conditions of the hotel and you are advised to read both carefully prior to booking.  The hotel’s terms and conditions may limit and/or exclude the supplier’s liability to you.  Copies of applicable conditions are available on request from us.
 

1. Booking Your Holiday

a.     Once your proposed itinerary has been agreed, to make your booking we require a deposit of 40% of the total cost – or as otherwise advised by PRIOR. If you are booking within 6 weeks of the date of departure then payment of the full holiday Contract price is required at the time of booking.

b.     On receipt of your deposit payment, we will issue you with a Deposit Invoice. It is at this stage that a binding contract will come into force between you and PRIOR that is subject to these T&Cs, or where we’re acting as an agent, between you and the third party supplier. Upon receipt, if you believe that any details on the Deposit Invoice or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

 

c.     Any special requests should be made in writing. PRIOR will try to arrange for such special requests to be met, but cannot guarantee that they will be, nor will we be liable if any special request is not met unless the request relates to a medical condition or disability and we specifically confirm it in writing. Confirmation that a special request has been noted or passed onto the supplier or the inclusion of the special request on your Deposit Invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability and cannot be guaranteed.

d.     If you or any member of your party has any medical problem or disability which may affect your holiday, you must tell us before you confirm your booking so that advice can be given as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their booking or, if full details are not given at the time of booking, cancel when we become aware of these details. You must keep us updated in relation to any change or deterioration in any medical condition or disability.
 

e.     We must receive the balance of the holiday price (including any applicable surcharge) 6 weeks before departure.  If we do not receive this balance in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancelation charges set out in clause 5 below will become payable, or where we’re only acting as an agent, we will notify the supplier who may cancel your booking and charge the cancelation fees set out in their terms and conditions.

 

2. Your Responsibilities

a.     You are responsible for purchasing any flights you require and checking in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. PRIOR cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.

b.     Full details of any travel or other arrangements which you make in conjunction with your holiday (such as flights, hotels and/or transfers) which are not booked with or through PRIOR must be given to us as soon as possible. Prior cannot be responsible for any inaccurate or incomplete information you give us or for the effect of this on your confirmed booking.

c.     Any expenses or charges PRIOR incur in amending the booking as a result of such inaccurate or incomplete information will be your sole responsibility and Prior will not be responsible for any inconvenience, loss or damage you suffer.

d.     You must check all itineraries, invoices and all other documentation we send you carefully as soon as you receive them. Contact PRIOR immediately if any information which appears on any document appears to be incorrect or incomplete as it may not be possible to
make changes later.

3. Accuracy

We endeavor to ensure that all the information and prices both on our website and in our proposals are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
 

4. Insurance

a.     It is a condition of our acceptance of your booking with us that you take out insurance at the time of, or prior, to booking, and it is your responsibility to do so. Travel insurance should be adequate to your needs and provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuable, personal liability, delay, cancelation, curtailment, missed departure and legal expenses and cover the entire duration of your tour.
 

b.     If you suffer from any disability or medical condition you should disclose this to the insurers. Please note that special insurance may be required if you intend to scuba dive or undertake any other dangerous sports activities. We cannot be held responsible if you purchase an inadequate insurance policy or if you fail to notify your insurance company of any factors affecting your particular requirements for cover. If you fail to take out adequate travel insurance it will be deemed that you have indemnified PRIOR from any consequential loss.

5. Amendments & Cancelation by You

a.     Once a booking has been confirmed to you, the confirmed itinerary will be arranged. If after this you wish to alter your arrangements, PRIOR will make every effort to assist you. Requests for an amendment must be made in writing to PRIOR. As all our holidays are tailor made, the implementation of any changes is time and work intensive. We may therefore charge $300 per amendment per booking, in addition to all communication charges and expenses incurred by Prior and any charges incurred or imposed by our suppliers. These charges will be payable whether or not, Prior succeeds in confirming your requested amendment. Your request may be treated as a cancelation and rebooking by our suppliers and in these circumstances their cancelation charges will apply. 

 

b.     All cancelations must be notified in writing to PRIOR and will only be effective when we receive the written notice.  The following cancelation charges will be payable, depending on the number of days prior to departure PRIOR receives your notice of cancelation:

More than 42 days

  Loss of Deposit

42 to 29 days: 65% of the total cost

28 to 15 days: 90% of the total cost

Within 14 days: 100% of the total cost

These cancelation terms are subject to the individual cancelation policies of the individual operators for your holiday. Copies of applicable conditions for each operators in your itinerary are available on request from us.

c.     Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancelation terms within these T&Cs.  PRIOR may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. The full applicable deposit for the alternative holiday must be paid at the time of booking as any monies transferred can only be used against the balance of the alternative holiday cost.

6. Amendments & Cancelation by Us

a.     Whilst we will always endeavor to avoid alterations and cancelations we must reserve the right to do so both before and after you make a booking.
 

b.     If an amendment is made prior to departure which is deemed significant (for example, if it involves a change of destination or a change to a lower official classification of accommodation for the whole or major part of the time you are away), PRIOR will notify you as soon as practically possible and offer you the following alternatives:

(i)    accept the proposed modifications;

(ii)   purchasing an alternative holiday from us, of a similar standard to that originally booked (paying or receiving a refund in respect of any price difference);

(iii)  canceling or accepting the cancelation and receiving a full refund of all monies you have paid PRIOR.  You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.  If there is a minor change before you depart, PRIOR will try to notify you as soon as reasonably possible if there is time to do so before departure, although it is not obliged to do so and we will have no further liability to you.

c.     If we make a major change or cancel, less than 60 days before departure, we will also pay compensation as detailed below:

Period before departure when a major change or cancelation is notified

Compensation payable per person

More than 60 days: $0.00

29-60 days: $25.00

15-28 days: $35.00

7-14 days: $40.00

Less than 7 days: $50.00

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.  We will not pay you compensation where we make a major change or cancel more than 60 days before departure; in the event that we are forced to make a change or cancel as a result of any force majeure event; we make a ‘minor’ change; or due to your failure to pay the balance by the due date.

 

d.     The above sets out the maximum extent of our liability for changes and cancelations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancelation.  Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable.  In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
 

e.     Very rarely, we may be forced by “force majeure” (see clause 7) to change or terminate your arrangements after departure.  If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
 

f.      If after you depart, it becomes apparent that a significant proportion of the arrangements you have booked cannot be provided, PRIOR will make suitable alternative arrangements for the continuation of your holiday at no extra cost to you and will, where appropriate and provided that the change in your arrangements has not been caused by force majeure (see clause 6), compensate you for the difference in value between the arrangements you should have received and the alternative arrangements made.  In particular, because we neither, own, manage nor control the accommodation that is used, it is possible on rare occasions that we may be advised that your reserved accommodation is not available when you arrive at your destination.  In this event, Prior will endeavor to secure accommodation of at least the same standard in that destination.  If only a lower standard is available, we will refund the difference between the price of the accommodation booked and that received.

g.     If you fail to pay the balance of the booking price or any other costs before the due dates, PRIOR will treat your booking as canceled and levy the cancelation charges set out in paragraph 5 b).

6. Force Majeure

Except where otherwise expressly stated in these T&Cs, PRIOR cannot accept 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”. In these T&Cs, “Force Majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events or circumstances are likely to include but are not limited to, (actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

7. Price Policy

a.     PRIOR is under no obligation to give a breakdown of the individual costs involved in your holiday.

b.     The price of your holiday may vary at any time before we have accepted your booking. We reserve the right to alter or correct errors in any quoted prices at any time before accepting your booking.
 

c.     Your confirmed proposal and/or Deposit Invoice will contain details of what is included in the price of your holiday. Any items not detailed are not included in the price of the holiday.
 

d.     We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
 

e.     The price of your travel arrangements has been calculated using exchange rates as specified on your confirmation invoice.
 

f.      The price of your confirmed holiday is subject at all times to variations in:

(i)    transportation costs, including the cost of fuel; or

(ii)   dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or

(iii)  the exchange rates used to calculate your arrangements.

Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protections in place.
 

8. Responsibilities of PRIOR
For PRIOR's responsibilities as an agent, please see our agency section further below.

a.     In respect of single component bookings only:  We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care.  We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused.  Therefore, providing we have selected the suppliers with reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
 

b.     In respect of packages only: Subject to these T&Cs, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your Deposit Invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or 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.
 

c.     In respect of both package and single component bookings: PRIOR will not be responsible 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:

i. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
ii. the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
iii. ‘Force Majeure’ as defined in clause 7 above
 

d.     Please note that 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 hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them and any excursion you arrange separately.
 

e.     We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(i)    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 insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind

(ii)  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 twice 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.

(iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements).  You can ask for copies of these Conventions from our offices.  Please contact us.  In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey.  When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’.  You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contractii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
 

f.      It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these T&Cs.
 

g.     Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
 

h.     Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.

 

9. Transportation & Other Suppliers

As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply.  These conditions may be subject to International Conventions, which limit and/or restrict the suppliers’ liability

Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions.  Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed.  PRIOR is not responsible for any flight delays or changes and you should apply to the airline directly for any applicable refund.  If you or any member of your party misses your flight or other transport arrangement, it is canceled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned directly and immediately.  As we do not offer flights as part of our package, we have no liability whatsoever to you in respect of any such delays or cancelations.  Any airline may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
 

10. Your Behavior

All tour participants are to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests.  If in our opinion or in the opinion of any hotel manager or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other tour participants 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 arrangements 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 service immediately.  We will have no further obligations to you and/or your party.  No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination.  You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party.  Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel, if applicable. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.  We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
 

12. Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

 

13. Travel Advice

You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.  U.S. Citizens should refer to the travel advise posted by the U.S. Department of State at travel.state.gov.  Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
 

14. Prompt Assistance

In the event that you experience difficulty which is not owing to any fault on our part or which is due to unusual or unforeseeable circumstances, we will provide you with prompt assistance.  Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them.  Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.  

 

15. If you have a Problem

If you are unhappy with any aspect of PRIOR's arrangements for your holiday, you must address your complaint immediately to both PRIOR and to the management of the hotel or other supplier whose services are involved. If the problem cannot be resolved locally and you wish to complain, full details must be sent to Prior in writing within 30 days of your return. Failure to take either of these steps will deny Prior the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under the T&Cs.

 

16. Indemnification

You agree to indemnify us, and any of our suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages or other costs brought by you or third parties as a result of (i) your breach of these T&Cs or (ii) your violation of any law or rights of any third party.
 

17. Law & Jurisdiction

These Conditions and any matters arising from them are subject to and governed by the laws of the State of New York without regard to its conflicts of laws.  If any of these Conditions are found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
 

18. Where we act as an agent – Additional T&Cs

We act as an agent in relation to all hotel bookings we make on your behalf.  You will know when we’re acting as agent as we will specify this on our Deposit Invoice and provide you with the name of the hotel with whom your contract is with.  In this case, it will be this named hotel that is responsible for the provision of all the hotel accommodation specified on that invoice, and not PRIOR.

Where we act as an agent, these additional Terms and Conditions (“Agency T&Cs”) also apply to your booking.  In the event of any conflict between the Agency T&Cs and the standard T&Cs above, where we act as an agent, the Agency T&Cs shall prevail.
 

1.     Payment

Except where otherwise advised or stated in the booking conditions of the hotel concerned, all monies you pay to us for arrangements will be held by us on behalf of the hotel concerned.
 

2.     Changes and Cancelations by you

Any cancelation or amendment request must be sent to us in writing, and will take effect on the day we receive it.  Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met.  Amendments and cancelations can only be accepted in accordance with the terms and conditions of the hotel. The hotel may charge the cancelation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure).  In addition, you must pay us an administration fee of $300 per person.
 

3.     Changes and Cancelations by the Hotel

We will inform you as soon as reasonably possible if the hotel needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the hotel in relation to any alternative arrangements offered by the hotel but we will have no further liability to you.

 

4.     Responsibilities of PRIOR for your booking

Your contract is with the hotel and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass onto you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

 

5.     Complaints

Because the contract for your arrangements is between you and the hotel, any queries or concerns in relation to the accommodation should be addressed to them.  If you have a problem whilst staying at the hotel, this must be reported to the hotel manager immediately.  If you fail to follow this procedure there will be less opportunity for the hotel to investigate and rectify your complaint.  The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.  If you wish to complain when you return home, write to the hotel. You will see their name and contact details in any confirmation documents we send to you.