TERMS & CONDITIONS
Terms & Conditions for our Services
The following terms and conditions, and any other applicable terms and conditions as notified to you in writing before departure, apply to all bookings with Bespokcracy Pte. Ltd (“we”, “us” or their equivalent).
Please read these terms and conditions carefully, as they set out your contract with us once you have paid your deposit (or other fee such as in a last minute booking). In the following terms and conditions ‘you’ and ‘your’ means all persons named on the booking, including anyone who is added or substituted at a later date.
1. Booking and Payment
1.1 If you decide to proceed with the booking of the itinerary after discussions with us on such itinerary, we will issue you an invoice indicating the non-refundable deposit. If there is more than one traveller, the lead traveller who makes the booking is taken to have accepted these terms and conditions on behalf of and with the authorization of all the persons named on the booking. All quotations are valid for a period of 14 calendar days from the date of our quotation, unless otherwise indicated.
1.2 The deposit shall be 25% of the total costs of your holiday as indicated in the quotation. It is non-refundable and will be treated as part payment of the holiday. In addition to the deposit, we reserve the right to ask for any other payment as we deem appropriate to cover upfront costs, which will be explained to you in advance, as far as reasonably practicable.
1.3 Once we receive the deposit, we will issue a written confirmation of the booking, at which point a binding contract is formed between us. Once we confirm all components of the itinerary with you, we will send you a final version of your itinerary, together with a final invoice, which shall also provide the quantum of the balance payment.
1.4 Save for last minute bookings, the balance payment is due no later than 6 weeks prior to departure, or at the time of booking if less than 6 weeks prior to departure. The balance due date will be included in the final invoice. If the balance payment is not received by the due date, we reserve the right to cancel your booking pursuant to these terms and conditions.
1.5 You shall pay all bank charges and ancillary fees should you choose to pay via a telegraphic transfer. Failure to do so may lead to you being rebilled or being requoted.
1.6 We will always try to quote the price of your holiday in the currency that you prefer. However, as we operate from Singapore, if an adverse currency fluctuation occurs against the Singapore dollar, which refers to 2% or more of the overall price during the period between the date of the quotation and the date(s) for payment of the deposit and/or final balance payment for the holiday, we reserve the right to adjust the final balance payment due to take into account such adverse currency fluctuation.
2. Alterations and cancellation by you
2.1 If you wish to make any alteration to your itinerary after paying the deposit, we will attempt, to the best of our abilities, to satisfy your request. We require the lead traveller to notify us of any such request for alteration in writing. We reserve the right to charge you a fee of at least 2% of the cost of the booking for such alteration and any other cost that we may incur to make such alterations. If the alteration is successful, you will be provided with a revised quote reflecting the costs set out in this paragraph 2.1. The payment terms for the revised quote shall be in line with the payment terms under these terms and conditions.
2.2 Cancellations must be notified to us in writing by the lead traveller and will be effective the day we receive them. As we incur costs from the time of your booking, the following cancellation charges will be payable. We are not able to refund any deposit already paid, administrative or alteration fees. You must take out holiday insurance that covers cancellation of your booking. If there are any flight bookings as part of your itinerary, we cannot guarantee any flight refunds nor are we obligated to liaise with the airline to get the refunds back on your behalf. The following cancellation charges schedule (as a percentage of the price in the final quotation) will also apply:
(a) 75 days or more: deposit only;
(b) 74 – 30 days: 50%;
(c) 29 – 7 days: 75%; or
(d) 6 days or less: 100%.
2.3 In the event that the cancellation charges of the supplier(s) of any of the component of your itinerary are more than ours, then the supplier(s)’ cancellation terms will apply.
2.4 If a member of your party is prevented from traveling, the traveller concerned may transfer their place to another person provided that every single supplier accept the change of name. So long as one supplier does not accept a change of name, cancellation charges set out in paragraph 2(b) above will be imposed on that person. If the transfer is successful, the traveller backing out must sign an authorization letter and the transferee must sign a new booking form. All costs incurred by us and any fees imposed by our suppliers, an amendment fee of SGD100 and any overdue balance payment must be paid before such transfer is effective.
2.5 During the course of your itinerary, if you wish to abandon arrangements made by us, no liability and no refunds will be made for the service(s) you choose not to take. We are also unable to make any alteration to your itinerary after such itinerary has commenced.
3. Alterations and cancellation by us
3.1 It is unlikely we will have to make changes to your itinerary once confirmed with you but as some arrangements may be made many months in advance in certain cases, we occasionally have to make changes and reserve the right to do so, as duly consulted with and/or notified to you.
3.2 Most changes are minor and we will inform you of them as far as reasonably practicable. In the unlikely event that we have to make a major change, we will inform you as soon as reasonably practicable and you will then have the choice of: (i) accepting the changes; (ii) accepting an offer of an alternative holiday from us of a similar standard to that already booked; or (iii) cancelling your holiday and receiving a full refund of all monies due. A major change means a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your holiday. Major changes include (but not limited to): substantial price increases, change of your accommodation to a lower grade or a material change to part of the itinerary.
3.3 We will not accept any liability or claims for losses (direct or otherwise) if we are forced by ‘force majeure’ to change or terminate your holiday. ‘Force majeure’ means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid. These may include, but are not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transports, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought or storm and other adverse weather conditions, including without limitation, heavy rainfall, hail, snow or frost.
4.1 Once the final invoice is issued, then, subject to certain correction of errors, we will only increase the price and request a surcharge in the following circumstances: increases in our transportation charges (including the cost of fuel), dues, taxes, governmental or regulatory fees, airport charges or the exchange rates used to calculate the cost of your holiday in an adverse currency fluctuation situation as set forth in paragraph 1.6 of these terms and conditions.
4.2 If the surcharge amounts to be greater than 20% of the price set out in the final invoice, you reserve the right to cancel the booking within 14 days of our notifying you of the surcharges, after which you shall be expected to pay such surcharge and the balance amount, if applicable.
5. Our responsibility
5.1 We accept responsibility for ensuring that your trip is as close to what is stated in your itinerary as possible, as well as being in accordance with these terms and conditions. If you feel that any part of your trip is not as what was described in your itinerary, you should notify us as soon as possible, ideally in writing. We will seek to resolve any reasonable issues on a best effort basis. If the issues persist and are not resolved to your satisfaction subject to objective standards of reasonableness, paragraph 9.2 of these terms and conditions shall apply.
5.2 We endeavour to keep the website and any collateral material up to date, but cannot guarantee their accuracy and, if there is any inconsistency between the information on our website and in your itinerary, the information in your itinerary prevails.
5.3 We accept responsibility for our suppliers and local representatives, provided that such suppliers and representatives have acted at all times within our authority and in accordance with our instructions. We do not accept responsibility for: (i) travel by air, sea and rail and the provision of accommodation, to which the terms of the relevant service provider shall apply; or (ii) holidays, activities or other bookings or arrangements made directly with our suppliers, local representatives or any other third parties.
5.4 Under no circumstances will we accept responsibility for any indirect or consequential loss whatsoever arising under or in connection with our provision of your holiday.
5.5 We are not liable for any injury, illness, death, loss (including loss of enjoyment and loss of business, profits or employment), damage, expense, cost or other claims or liability of any description whatsoever which results from: (i) any act or omission from you or any member of your party; (ii) any act or omission from any third party unconnected with us and the provision of the services for which you have contracted with us; and (iii) any force majeure circumstances (as set out under paragraph 3.3).
5.6 Our total liability to you in respect of all other losses arising under or in connection with your itinerary, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the value of your booking (including taxes and deposit) or that stipulated under applicable laws, whichever is lower.
5.7 Nothing in these terms and conditions shall limit or exclude our liability where such exclusion is not permitted under any applicable law.
6. Your responsibility
It is your responsibility to ensure that you and all travellers in your party have valid passports (with at least 6 months validity beyond the date of return and at least two blank pages or more), appropriate visas and vaccinations. We do not accept bookings with female travellers who will be more than 28 weeks pregnant at the date of the commencement of the itinerary.
7.1 You must be fully insured for the whole period of itinerary and it is your sole responsibility to ensure that all of the activities under your itinerary are covered under such insurance.
7.2 We reserve the right to not proceed with your booking if you cannot adduce documentary proof of such insurance cover.
7.3 The lead traveller is also responsible for ensuring that all members of his party are duly insured for the whole period of the itinerary.
7.4 Insurance cover must include without limitation, medical expenses and repatriation in the event of accident or illness. In addition, we strongly recommend that you have cover for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and cancellation.
8 Changes to Terms and Conditions
We reserve the right to update or change these terms and conditions from time to time and will notify you where reasonably practicable. Any such updates shall take effect immediately once posted on our website.
9 Governing Law and Dispute Resolution
These terms and conditions and any disputes arising thereof shall be governed by and construed in accordance with Singapore law, without regard to conflict of laws provisions.
9.2 Any dispute arising out of or in connection with this agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 30 days thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. Both parties agree to submit to the exclusive jurisdiction of the courts of Singapore to settle any dispute as a last resort.