Agency Terms and conditions

Faraway offers trip planning services. We act as a travel concierge and discovery tool on your behalf. We get to know what fits you as travellers, before recommending lodges and experiences around the world. When you make bookings through Faraway we are acting as an intermediary (“Agent”) between you and the Principal: the “Supplier” or “Provider”. Faraway and the Principals have terms and conditions, to which you are bound. We will inform you of the identity of the Principal when you purchase a holiday from us and provide you with a copy of the Principal’s terms and conditions. You must check the Principal’s terms and conditions carefully.

 

By accessing or using the Faraway website and any services made available by Faraway (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Faraway Ltd (“Faraway”). These Terms of Use affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

 

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use.

 

  1. BASIC TERMS
    1. Faraway works with the Principals, a collection of curated experience and service providers (together “Providers” or “Suppliers”) around the world and matches these Providers to our travellers (“you” and “customer”), based on information provided.
    2. Like with all travel, the availability and prices we have access to are time-sensitive. We work really hard to create bespoke, life-changing trips; on receiving your plans you will have 10 days to give any feedback and request changes. If we need to re-plan your trip after this time, an additional fee will be payable.
    3. The service fee will be payable online when you complete your brief; it’s taken via credit or debit card.
    4. Once you’re happy with your trip plans and ready to book, you’ll pay 1/3 of the total by bank transfer. The balance will be due 60 days before you travel. Payments made will be used to confirm your reservations and as such will be non-refundable once paid. If you’d prefer to pay for your trip by credit card, there’s an additional processing fee of 1.5%.
    5. In addition to the Faraway cancellation terms, the terms of any suppliers or providers that you have a booking with will also be applicable. In some circumstances Suppliers may require a full and non-refundable payment upfront. If this is the case, we will make you aware of this at the time of booking.
    6. We are transparent about which Providers or Suppliers we are making reservations with, and will provide links to their websites. As the customer, you must check any additional terms that may be detailed on their website or in their terms.
    7. It is mandatory for all travellers to have suitable travel insurance in place for the entirety of their trip, and Faraway will not be held liable in any way for circumstances beyond our control or Force Majeure.
    8. Faraway Ltd is a member of the Travel Vault (reference EVO/FFI/2018 0016) and is committed to customer satisfaction and consumer financial protection. Should you have booked a “packaged trip” and Faraway become insolvent then in accordance with The Package Travel, Package Tours Regulations 1992 all passengers booking with Faraway are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Faraway. Please see Financial Protection for further information.
    9. In order to create a truly seamless trip for you, we’ll organise and book all of your hotels and experiences whilst you’re away. You’ll book your own international flights; but, if you’d like our help, we can advise you on the best route.
    10. You agree that Faraway will make all of the bookings on your behalf. We work directly with the providers to give you the best value we can. However, at no point will we compare our rates against global booking engines (they operate at a scale we cannot, nor would we want to). By accepting these terms you are agreeing that you are happy with this.
    11. Should you not book through Faraway or decide not to proceed with the trip for any reason, then you will forfeit your service fee and any monies paid thus far.
    12. If the trip needs to be postponed for any reason, then we may agree to carry forward monies paid toward future bookings. This will be decided on a case by case basis and is completely at our discretion.
    13. Faraway charges a service fee prior to planning your trip. When a money-back guarantee is offered on this service fee, it will apply for a period of 14 days from the delivery of your trip plans, after which the guarantee ends.
    14. Faraway makes every effort to validate the quality of our suppliers. In the unlikely event that there is an issue with the supplier, any claims made will be between you and the supplier directly, and Faraway will not be held liable. As such it is mandatory that all travellers must hold suitable travel insurance for the entirety of their trip and any activities being undertaken.
    15. You agree that all information you provide or provided to Faraway upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Faraway will not be held liable for any additional fees payable due to incorrect information being provided.
    16. You agree that you will not solicit, collect or use the login credentials of other Faraway users.
    17. You are responsible for keeping any passwords secret and secure.
    18. You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
    19. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Faraway.
    20. You must not access Faraway’s private API by means other than those permitted by Faraway.
    21. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Faraway terms.

 

  1. GENERAL CONDITIONS
    1. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will use endeavours to provide reasonable advance notice before the Updated Terms become effective but in any event will notify you as soon as reasonably practicable after such Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.  Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
    2. We reserve the right to refuse access to the Service to anyone for any reason at any time.
    3. We reserve the right to force forfeiture of any username and account for any reason.
    4. There may be links to third-party web sites or features in images or comments within the Service. The Service may include third-party content that we do not control, maintain or endorse. Faraway does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Faraway is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party.
    5. You agree that you are responsible for making your own flight bookings, although Faraway may help with a recommended flight route, thus does not fall under ATOL regulations.
    6. You agree that you are responsible for ensuring you have suitable and adequate travel insurance and medical protection (including travel vaccines) in place for the entire duration of your trip and Faraway will not be held liable for any circumstances where this is not in place.
    7. You agree that you are responsible for ensuring you have the necessary visas in place for the entire duration of your trip and any countries you may visit, and Faraway will not be held liable for any circumstances that arise due to these not being in place.
    8. You agree that you are responsible for all data charges you incur at any time through your/your account/your profile’s use of the Service.
    9. All reservation rates agreed by Faraway are subject to changes in the Foreign Exchange Rate and are only valid for 48 hours. Should payment not be received within this timeframe then the rate is subject to change.

 

  1. PAYMENTS
    1. In order to secure reservations. Faraway requires payment as follows:
      1. A payment of 1/3 of the total trip cost will be due at the time of booking.
      2. The remaining 2/3 of the total trip cost will be due 60 days before the start of your trip.
      3. We will issue an invoice to you detailing the payments due from you. Payments will be made by a bank transfer. If you would prefer to use a credit card, then an additional processing fee of 1.5% will be applicable.
      4. If you do not pay the balances due within the payment timeframe of 48 hours, then the FX rate may need to be re-calculated and as such the amount due may change.
    2. Where a supplier requires an additional upfront payment, you will be made aware of this at the time of booking.
    3. When a payment is made via a credit card it is processed through a third party processing platform. Your card details will not be stored, but in the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). FARAWAY TAKES NO LIABILITY FOR ANY FRAUDULENT OR UNAUTHORISED USE OF YOUR CREDIT OR DEBIT CARD THAT MAY ARISE AS A RESULT OF YOU PROVIDING YOUR PAYMENT DETAILS TO A PROVIDER THROUGH THE SERVICES.

 

  1. CANCELLATION
    1. When making a reservation through Faraway, you accept and agree to the following cancellation and no-show policy:
      1. The deposit is non-refundable.
      2. Between 60 and 31 days before arrival: 50% cancellation fee.
      3. 30 and 8 days before arrival: 75% cancellation fee.
      4. 7 and 0 days before arrival: 100% cancellation fee.
      5. No refund will be made for no-shows or unused services during your trip.
    2. Any additional terms and conditions of the Provider that may apply to your reservation or during your trip, including for services rendered and/or products offered by the Provider will also be made available (the terms and conditions of a Provider can be obtained from the relevant Provider’s website).
    3. If you wish to review, adjust or cancel your reservation, please get in touch in writing at hello@wearefaraway.com immediately. Please note that you may be charged for your cancellation in accordance with the cancellation policy above, or a Provider’s additional cancellation terms. We recommend that you read the cancellation, (pre)payment and no-show policy of the Provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
    4. FARAWAY ACCEPTS NO LIABILITY FOR ANY COSTS OR EXPENSES INCURRED BY YOU DUE TO THE CANCELLATION AND NO-SHOW POLICY.

 

  1. INSURANCE REQUIREMENTS
    1. Every traveller must hold comprehensive and adequate travel insurance. This is a mandatory requirement.
    2. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally.
    3. Travel insurance must also include cancellation coverage, so you are protected financially in case anything comes up that prevents you from going on your trip.
    4. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g. air delays due to mechanical issues) that would limit the coverage that you might reasonably need.
    5. If you have existing health insurance coverage upon which you intend to rely, you must check your insurance policy to ascertain whether it provides the coverage described above while traveling to your destinations.

 

  1. PASSPORTS, VISAS AND VACCINATIONS
    1. Travellers must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their trip.
    2. Faraway will not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.

 

  1. CONSUMER PROTECTION
    1. Faraway Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with The Package Travel, Package Tours Regulations 1992 all passengers booking with Faraway Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form.   Full details of our insurance policy are as follows:
      Policy Holder: Faraway Limited
      Company Registration number: 09716706
      Policy Number: EVO/FFI/2018 0016
      Policy Period: from 00:00hrs 1 June 2018 to 23:59hrs 31 May 2019 GMT
    2. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Faraway Limited.
    3. This insurance has been arranged with Affirma a trading brand of MGA Cover Services Limited (registered address Farren 135 High Street, Crawley, England, RH10 1DQ, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with Evolution Insurance Company Limited (“the Insurer”), registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.
    4. Evolution Insurance Company Limited is licensed by the Financial Services Commission in Gibraltar under the Financial Services (Insurance Companies) Act to carry on insurance business in Gibraltar, and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available from us on request.
    5. In the unlikely event of Insolvency of Faraway Limited please follow the procedures below:
      Claims Department, Affirma, 152 City Road, London, EC1V 2NX
      Telephone: +44 (0) 20 3 540 4422
      E-mail: claims@affirmainsurance.com
    6. The claims department will supply instructions to follow and the documents required to submit your claim.
    7. Please ensure you retain your booking confirmation form as evidence of cover and value. NB: If payment for your holiday was made by credit or debit card you must contact the Claims team on the contact above in the first instance for instructions.
    8. FFI Booking Confirmation Wording V1:
      1. Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card).
      2. This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
      3. Policy Period covers bookings made within the dates specified regardless of date of travel.

 

  1. FORCE MAJEURE
    1. We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or non-performance of any of our obligations under this agreement to the extent that any such delay or non-performance is due to any “Force Majeure”. This means any circumstances beyond our reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labour strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.   If we and any of our suppliers are affected by Force Majeure, we and our suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to your trip. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the trip.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU – PLEASE READ THIS SECTION CAREFULLY
    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.
    2. 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory rights in relation to the services under consumer protection and package holiday legislation.
    3. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. INDEMNIFICATION
    1. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Faraway’s request), indemnify and hold the Faraway Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your activities on the Service or those conducted on your behalf):
    2. Your Content or your access to or use of the Service;
    3. Your breach or alleged breach of these Terms of Use;
    4. Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
    5. Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
    6. Any misrepresentation made by you.
    7. You will cooperate as fully required by Faraway in the defence of any claim. Faraway reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Faraway.

 

  1. AUTHORITY
    1. If you are using the Service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity.

 

  1. ENTIRE AGREEMENT
    1. These Terms of Use constitute the entire agreement between you and Faraway and governs your use of the Service, superseding any prior agreements between you and Faraway.

 

  1. ASSIGNMENT
    1. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Faraway. Any purported assignment or delegation by you without the appropriate prior written consent of Faraway will be null and void.
    2. Faraway may assign these Terms of Use or any rights hereunder without your consent.

 

  1. SEVERANCE
    1. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

 

  1. VARIATION
    1. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.

 

  1. WAIVER
    1. 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 services, we can still require you to make the payment at a later date.

 

  1. RIGHTS OF THIRD PARTIES
    1. Unless otherwise stated, these Terms of Use do not confer any third-party beneficiary rights and the Contracts (Rights of Third Parties) Act 1999 will not apply.

 

  1. GOVERNING LAW AND JURISDICTION
    1. These terms are governed by the law of England and Wales whose Courts will have exclusive jurisdiction to