Terms & Conditions

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Terms & Conditions

Thank you for visiting www.ssulife.com. This site is owned and operated by Sunny Side Up Life Ltd, located at Flat 5, 4 Elm Park Gardens, London, UK SW10 9NY. The following terms and conditions form the basis of your contract with Sunny Side Up Life Limited. Please read them carefully as they are legally binding.

 

Definitions

 

"We/us" means Sunny Side Up Life LTD trading as Sunny Side Up .

"The Event" means any holiday, accommodation, activity, retreat, event or function organised or advertised by us.

"You" means the person who has signed the booking form and includes all the people on whose behalf you have signed.

"Supplier" means the company or person that is holding or providing the event or any part of it.

"Price" means the total cost of the event.

 

Please note that these terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and Sunny Side Up Life LTD.

 

1. Contract

All bookings are subject to availability. Before a booking is taken, full details of your proposed trip will be advised to you. Please note that the itineraries are subject to change. Please also check that all names are the same as the relevant passport or relevant identification, that dates and timings and all other elements of your trip are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.

A binding contract between us and you (the lead name on the booking) is only formed when we issue our booking confirmation (by email or post) after having received payment from you, in cleared funds, of either the required deposit or the full price of your holiday (depending on when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.

2. Lead Name

The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies Sunny Side Up Life LTD against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our terms and conditions. The lead name is also responsible for the completion of the online guest list on behalf of all persons on the booking. It is understood that those booking via email or telephone agree to, and accept our terms and conditions set out herein.

 

3. Payment & Deposits

 

Deposits are payable at the time of booking and the balance of payments are split into the following phases: An agreed non-refundable non-transferable deposit is payable at the time of booking totalling ~20% of the total trip budget. The remaining balance is due 3 weeks prior to the trip start date. If you do not make your deposit payments by the due dates given then you shall be deemed to have cancelled the event. Deposits are used by us to enter into the contractual arrangements on your behalf and are non refundable. Payments can be made with a valid credit card or debit card, online bank transfers where upon receipt we will endeavour to place the booking for you at the same price, although this cannot be guaranteed. We will however notify you should there be an increase in price. If you have a voucher from Sunny Side Up Life LTD only one can be used per booking.

 

We reserve the right to alter the prices of any trips shown on our website or set out in our written proposal to you at any time before you make a booking. You will be advised of the current price before your booking is confirmed. Prices quoted are GBP sterling prices based on daily currency exchange rates current at the time of quotation. Please note that all payments taken on debit or credit card will be taken in GBP sterling and so if you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. To avoid this we can accept payment in GBP, EUR and USD by bank transfer and can specify the exact amount required for payment in the specified currency.

Payment must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred.

4. INSURANCE

It is essential and a condition of booking with Sunny Side Up Life LTD, that you take out a comprehensive travel insurance policy to cover you before, during and after your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.

5. Cancellation by Us

We may cancel the event or any part of it: for safety reasons if we or our supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome; If we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our suppliers or to property belonging to our suppliers; If a supplier or suppliers are unable to host the event for any reason; If changes you wish to make to the booking mean it is uneconomical or impractical to hold the event. If we cancel the whole of the event we shall use our best endeavours to rearrange the event on a mutually convenient date, or provide a refund to you of the cost to us of the event. Save as above we shall be under no further liability to you for cancellation of the event or any part of it. We will also be liable to pay appropriate compensation to you unless the reason for cancellation is a Force Majeure Event (see below).

 

6. Cancellation by You

You may cancel your booking within a period of 1 week after the initial deposit, however this initial deposit is non-refundable. After 1 week, you may cancel your booking however all deposits and (if applicable) any additional payments made to date on the booking are non-refundable and cancellation charges shall apply and may vary in amounts on a case by case basis. All cancellations must be made in writing from the lead name on the booking. After 1 week, the amount of the cancellation fee is calculated according to the date on which we receive written notice of your wish to cancel. Charges for cancellation after the balance due date will usually be more than the deposit amount and will vary due to the complex nature of our travel itineraries. Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking and you should contact us as soon as possible. Cancellation charges for your trip can be confirmed to you on request at any time including before booking. Please ask for confirmation of the amount of any cancellation charge before cancellation. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all of the cancellation charges. Please speak to your insurance provider.

In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party assigned by you. This will be the case regardless of which members of the party make the deposit and balance payments for the booking. If you cancel your trip with us within 3 weeks of the travel date then the cancellation fee is 100% of the total cost of the booking.

 

7. PASSPORTS, VISAS AND HEALTH REQUIREMENTS

We will, upon request, provide general information relating to passport, visa and health requirements for the destinations we feature. This may be limited to providing contact details for the relevant embassy or consulate. Most countries now require passports to be valid for at least 6 months after your return. Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination concerned. We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health requirements. If you or any member of your party have any disabilities, it is extremely important that the necessary arrangements be made to make your holiday go smoothly. We must therefore insist that you contact our offices before completing any reservation to ensure disabilities compatibility for the holiday that you choose.

8. Failure to Provide an Event

If, due to reasons beyond our control, an event is unable to take place due to (but without limitation); closure of premises, the ceases of trading, a change in supplier management or weather restrictions, we will provide you and your group with an alternative event and if this is does not prove possible, a refund to you of the cost to us of the event.


 

9. INFORMATION

Whilst we make every effort to ensure that the information on our website is accurate and not misleading, it may have been published many months before your trip 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.

10. Accommodation

If your booking includes accommodation, the named accommodation may remain confidential to Sunny Side Up Ltd. and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier.

 

11. Alterations + Surcharges Applied By Us

 

If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, modify the itinerary, or make any other alterations to the event (including accommodation) we shall inform you of the changes as soon as possible. You must pay any additional cost that may arise due to such changes. Surcharges may be applicable where an event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the event of which we are not held responsible and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the booking or an event (including accommodation) which is number dependent.

 

If the change is material (for example, change of destination or change of accommodation to one with a lower official rating), we will notify you as soon as practically possible and offer you the choice of (i) accepting the amended arrangements; (ii) arranging an alternative trip of comparable standard if available with us; or (iii) cancelling your trip and receiving a full refund of all monies paid.

12. 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 including, but are not limited to, war, threat of war, riot, civil disturbance or strife, health epidemic, 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, (each such event or circumstance being defined in these Booking Conditions as a “Force Majeure Event”).

13. Travel delays

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are publicised at EU airports and are available from airlines. However, reimbursement in such cases does not entitle you to a refund of your holiday cost from us in any circumstance.

14. Alterations made by You

We shall try to accommodate any reasonable changes you wish to make to the event. Alterations and amendment requests should be made with us and not end suppliers and should be made in writing to us by the lead name. These changes shall not be deemed accepted until we have confirmed in writing to you. If you wish to increase or decrease the number of persons participating in the event you may do this up to eight weeks prior to the date upon which your event is due to start. Subject to our written agreement you may transfer your booking to a person who satisfies all the conditions applicable to the event.

 

Please note that in many cases, suppliers apply 100% cancellation charges and will not permit name changes or other booking alterations to be made. If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.

In addition to amendment and cancellation charges that we apply, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels that you wish to make.

15. Excursions & Activities

Where excursions and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of the contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions and activities as part of your contract. We reserve the right to modify or alter any aspect of the excursion or activity at any time. Any excursions and/or activities that you decide to purchase at any time from a local supplier or third party once your trip has commenced will not form part of your contract with us. Your contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion or activity.

We reserve the right to use all photo and video material in our Marketing

16. Your Obligations

You shall take out your own individual insurance suitable for your needs (including sickness and delays for events involving travel by land, sea, or air) before the event. You shall at all times behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the event. If you breach these obligations we may cancel or curtail the event or any part of it and in those circumstances you shall not be entitled to any refund.

You shall agree to grant SSU the non-exclusive, irrevocable, royalty free licence to use any photography or video material where you feature to promote and market their events & their respective brands.

 

17. Our Obligations

 

We shall take reasonable care and skill in arranging the event and comply with all applicable laws in relation to the event; where ever possible, re-schedule the event instead of cancelling or offer a refund to you of the cost to us of the event. Please note that all of the photographs and illustrations we use on our website and in literature (including quotations) we send you are for marketing purposes and may not entirely represent the actual products received.

 

18. Our Liability to you

 

Our obligations, and those of our suppliers, are to take reasonable skill and care to provide the services or facilities that form part of your booking with us.

Hotels and other tourist services included in your trip are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where we organise trips are often lower than comparable standards in the US and Europe. We will at all times endeavour to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude their liability. Local standards of the relevant country will be relevant in assessing performance of the services being performed in that country. In the event of any complaint, the contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met.

SSU shall have no liability for any death or bodily injury (except death or injury caused by the negligence of SSU, its staff or contractors), or loss of or damage to property, of anyone attending the Event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client agrees to indemnify SSU against any claim in respect of any such liability (and the costs and expenses incurred by SSU in relation thereto). Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of SSU to the Client in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of SSU or its employees which shall be unlimited) arising in relation to the any service or trip rendered (and/or the provision of the Services to the Client) shall not exceed 50% of the total amount paid by the Client hereunder.

Our liability, including in cases involving death, illness or injury or cases subject to international conventions, shall be limited and we shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage.

We are not liable to you for (a) any failures which occur in the performance of the contract that are attributable to you or any member of your party, (b) any failures that are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable and unavoidable; or (c) any failures that are due to (i) unusual and unforeseeable circumstances beyond our control, the consequences of could not have been avoided even if we had exercised due care, or (ii) any event which we or any of our suppliers, even with all due care,  could not foresee or forestall.

19. Customer Feedback

If you have a problem whilst on your booking then you must contact the appropriate person(s) at the earliest opportunity, for example accommodation / restaurant manager. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction then you must write to us within 7 days of the conclusion of the event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within 7 days and endeavour to deal with the complaint as quickly as possible.

 

20. Contracts (Rights of Third Parties) Act 1999

 

No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.

 

21. Financial Failure Insurance

 

The Sunny Side Up Life 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 The Sunny Side Up Life Ltd 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 The Sunny Side Up Life Ltd.

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.

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.

In the unlikely event of Insolvency of The Sunny Side Up Life Ltd please follow the procedures below:

  • If the company that financially failed is a member of ABTA you should in the first instance contact ABTA: ABTA Ltd, 30 Park Street, London, SE1 9EQ.
    Helpline: 020 3117 0599. This line is open from 10.00-16.00 Monday to Friday, excluding bank holidays. https://abta.com/holiday-help-and-complaints/travel-company-failures

  • If the company that financially failed is NOT a member of ABTA please contact: Claims Department, Affirma, 152 City Road, London, EC1V 2NX
    Telephone: +44 (0) 20 3 540 4422
    E-mail: claims@affirmainsurance.com

    The claims department will supply instructions to follow and the documents required to submit your claim.

    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.

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). 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.

**Policy Period covers bookings made within the dates specified regardless of date of travel**

DATA PROTECTION

Affirma and the Insurer gather and process personal data in accordance with the EU General Data Protection Regulation (GDPR) and any relevant data protection legislation.

Personal data may be used by Affirma, the Insurer or third parties for underwriting and claims purposes and in order to administer the policy. Affirma and the Insurer will ensure that personal data is kept secure, is used only for the purpose for which it was supplied and is retained only for as long as necessary.

Affirma is registered with the Information Commissioner's Office (ICO) as a data controller and is listed on the Register of Data Controllers under registration number ZA109110. Affirma’s full Privacy Notice is available at http://www.affirmainsurance.com/privacy-policy

The Insurer is registered with the Gibraltar Regulatory Authority (GRA) as a data controller and is listed on the Register of Data Controllers under registration number DP003699. The Insurer’s full Privacy Notice is available at www.evo-insurance.com/privacy.

22. Jurisdiction

 

This agreement shall be construed in accordance with the laws of England and Wales  and the courts of England shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.

 

23. Changes to these Terms and Conditions

We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.

 

24. Contact us

To contact via email please use charaf@sunnysideuplife.com