Terms & Conditions
Legal
Terms & Conditions
Please read these terms carefully before making a booking with us.
Last updated: February 2025
ESCAPES BY EMA is a trading name of SØMA TRAVEL LTD
Registered Address: 124 City Road, London, EC1V 2NX, United Kingdom
Company Registration: England and Wales, Company Number 16973053
SØMA TRAVEL LTD is a member of the Inteletravel UK Ltd consortia. Inteletravel UK Ltd is a member of ABTA (P7384, Y6792) with registered address at Floor 37, One Canada Square, Canary Wharf, London E14 5AA.
Email: hello@escapesbyema.com
1.Introduction & Definitions
These Terms and Conditions ("Terms") govern all bookings made with Escapes by Ema, a trading name of SØMA TRAVEL LTD ("we", "us", "our"). By making a booking, you ("the Client", "you", "your") accept these Terms on behalf of yourself and all persons named in the booking.
References to "Package" mean a combination of at least two types of travel services (transport, accommodation, car rental, or other tourist services) purchased together for the same trip. References to "Supplier" mean the third-party providers of travel services including but not limited to hotels, lodges, airlines, ground transport operators, and tour guides.
The person making the booking ("Lead Traveller") must be at least 18 years of age and accepts financial responsibility for the full booking on behalf of all persons named.
Important
These Terms should be read in conjunction with the specific terms and conditions of each Supplier, which will be provided or made available to you before booking confirmation. Where there is any conflict, the Supplier's terms shall prevail in relation to their services.
2.Making a Booking
We will work with you to design a bespoke itinerary based on your requirements. Once you have approved a proposed itinerary, we will provide a detailed quotation including a payment schedule.
A booking is confirmed and a binding contract comes into existence when:
- You have received and approved our written quotation and itinerary
- We have received your deposit payment in cleared funds
- We have issued you with a booking confirmation
Please check all details on your booking confirmation carefully, including all names (which must match passports exactly), dates, and timings. You must advise us immediately of any errors. Any changes made after confirmation may incur additional charges.
Following booking confirmation, we will provide you with full pre-departure documentation including final itinerary, packing recommendations, required travel documents, transfer details, and local contact information.
3.Payment Terms
Deposit
A deposit is required to secure your booking. The standard deposit is 10% to 15% of the total trip cost, with a minimum of £500 / $650 per person.
For certain bookings (such as peak season safaris, polar expeditions, or properties requiring full prepayment), a higher deposit may be required. Where flights are included and the airline requires immediate payment, the full cost of flights will be added to your deposit. Any specific deposit requirements will be clearly communicated in your quotation before you confirm your booking.
Non-Refundable Deposit
All deposits are non-refundable and non-transferable under any circumstances. This reflects the significant work undertaken to design your bespoke itinerary and the deposits we must pay to Suppliers to secure your arrangements. We strongly recommend travel insurance with cancellation cover from the date of booking.
Balance Payment
The balance of your trip cost is due no later than 90 days (12 weeks) before your departure date. If you book within 90 days of departure, full payment is required at the time of booking.
If balance payment is not received by the due date, we reserve the right to treat your booking as cancelled and cancellation charges will apply.
Payment Methods
Payments may be made by:
- Bank transfer (GBP or USD)
- Credit or debit card (Visa, Mastercard, American Express)
You are responsible for any bank charges or currency conversion fees. Bookings are not confirmed until cleared funds are received.
Price Guarantee
Once your booking is confirmed and deposit paid, we guarantee the quoted price subject only to increases in: government taxes or fees, fuel surcharges imposed by airlines or other transport providers, and significant currency fluctuations exceeding 5%. We will absorb any increases below these thresholds.
4.Cancellation Policy
Should you need to cancel your booking, you must notify us in writing (email is acceptable). Cancellation takes effect from the date we receive your written notice.
The following cancellation charges apply:
| Notice Period Before Departure | Cancellation Charge |
|---|---|
| More than 90 days | Loss of deposit (non-refundable) |
| 61 – 90 days | 40% of total trip cost |
| 31 – 60 days | 60% of total trip cost |
| 15 – 30 days | 80% of total trip cost |
| 14 days or less / No show | 100% of total trip cost |
Please note: Certain Suppliers (particularly scheduled airlines and peak-season lodges) may impose 100% cancellation charges from the time of booking. Where applicable, these will be communicated to you before booking confirmation and may result in higher cancellation charges than those listed above.
We strongly recommend comprehensive travel insurance that includes cancellation cover from the date of booking. If your cancellation is covered by your insurance policy, you may be able to reclaim cancellation charges.
Partial Cancellation
If one or more members of a booking cancel, this may affect the per-person price for remaining travellers (e.g., loss of shared room rates). Any increase will be your responsibility.
5.Changes by You
If you wish to make changes to your confirmed booking, please contact us as soon as possible in writing. Whilst we will do our best to accommodate reasonable requests, changes cannot be guaranteed.
Where changes are possible, an administration fee of £50 / $75 per booking will apply, plus any costs or charges imposed by Suppliers. These costs typically increase closer to departure.
If we are unable to make the requested changes and you do not wish to proceed with the original booking, this will be treated as a cancellation and the charges in Section 4 will apply.
Transferring Your Booking
You may transfer your booking to another person who meets all applicable conditions, provided:
- You give us at least 14 days' written notice before departure
- The transferee agrees to these Terms and all conditions of the booking
- You pay an administration fee of £50 / $75 plus any Supplier charges
- All outstanding balances are paid in full
Both you and the transferee remain jointly liable for all sums due. Note that many airlines treat name changes as cancellation and rebooking, which may incur charges up to 100% of the flight cost.
6.Changes by Us
Minor Changes
We reserve the right to make minor changes to your arrangements. Examples include: changes to flight times of less than 12 hours, changes to aircraft type, substitution of accommodation with another of equal or higher standard, and changes to transport providers.
Significant Changes
Occasionally, we may need to make a significant change to your booking before departure. Significant changes include: a change of accommodation to a lower standard, a change of outward departure time by more than 12 hours, or a significant change to your itinerary affecting the overall character of the trip.
If we make a significant change, we will inform you as soon as possible and offer you the choice of:
- Accepting the changed arrangements
- Accepting an alternative trip of comparable value (with refund of any price difference if lower value)
- Cancelling and receiving a full refund of all monies paid
Cancellation by Us
We will not cancel your booking less than 60 days before departure except for reasons of Force Majeure or failure by you to pay the final balance. If we must cancel, you will receive a full refund of all monies paid.
Force Majeure
We will not be liable for any changes, cancellations, or failure to perform our obligations caused by events beyond our reasonable control ("Force Majeure"). These include but are not limited to: war, terrorism, civil unrest, natural disasters, epidemics or pandemics, government actions, border closures, adverse weather conditions, airline failures, and industrial disputes.
In such circumstances, we will use reasonable efforts to minimise the impact on your arrangements but will have no liability for additional costs incurred.
7.Financial Protection
For UK customers, your booking is protected through our membership of the Inteletravel UK Ltd consortia. Inteletravel UK Ltd is a member of ABTA (P7384, Y6792).
ABTA (Association of British Travel Agents) provides protection for your bookings. In the unlikely event of insolvency:
- ABTA will ensure you are not stranded abroad
- ABTA will arrange refunds for advance bookings where applicable
For flight-inclusive Packages, additional ATOL protection may apply depending on how your flights are booked. We will confirm the specific protection applicable to your booking at the time of confirmation.
ABTA Protection
Your financial protection is provided through Inteletravel UK Ltd (ABTA P7384, Y6792). ABTA membership provides protection for your bookings and access to ABTA's dispute resolution service. Visit www.abta.com for more information.
For US customers, we strongly recommend purchasing comprehensive travel insurance that includes supplier default protection. Unlike the UK, the United States does not have a mandatory government-backed travel protection scheme.
Your travel insurance should include:
- Trip cancellation and interruption coverage
- Supplier default protection (covers you if a travel supplier fails financially)
- Medical coverage and emergency evacuation
- Travel delay and missed connection coverage
We can recommend reputable travel insurance providers who offer comprehensive policies suitable for the type of journeys we design.
Important for US Travellers
We recommend purchasing travel insurance with "Cancel For Any Reason" (CFAR) coverage for maximum flexibility. This typically covers 50-75% of non-refundable trip costs if you cancel for any reason.
8.Travel Insurance
It is a condition of booking with Escapes by Ema that you obtain comprehensive travel insurance for yourself and all members of your party.
Your insurance must provide adequate cover for:
- Cancellation and curtailment from the date of booking
- Medical expenses and emergency repatriation
- Personal accident, injury, and death
- Loss or damage to personal belongings and baggage
- Personal liability
- Travel delays and missed departures
We strongly recommend policies that also cover supplier default and "Cancel For Any Reason" (CFAR) where available.
Please read your policy carefully and ensure it covers all activities you plan to undertake and all destinations you plan to visit. Some policies exclude certain activities (e.g., hot air ballooning, diving) or destinations with travel advisories.
We are not liable for any costs you incur due to inadequate or inappropriate insurance coverage.
9.Travel Documents, Passports, Visas & Health
It is your responsibility to ensure that you and all members of your party have valid passports, visas, and any other documents required for your trip. We can provide general guidance but are not liable for any consequences arising from failure to obtain correct documentation.
Passports
Most countries require passports to be valid for at least 6 months beyond your return date. Some countries require blank pages for entry stamps. Please check requirements well in advance.
Visas
Visa requirements vary by nationality and destination. It is your responsibility to check and obtain any necessary visas. Requirements can change, so please verify close to your departure date.
Health Requirements
Certain destinations require proof of vaccinations or health certificates. You should consult your doctor or a travel health clinic well in advance of travel. Requirements may change, particularly regarding infectious diseases.
If you are denied boarding or entry to any country due to incorrect or missing documentation, we are not liable and no refund will be provided.
10.Our Liability
Where we act as Package Organiser, we accept responsibility for the proper performance of the travel services included in your Package, whether provided by us or by third-party Suppliers.
If any part of your Package is not provided as agreed due to our fault or the fault of our Suppliers, and this affects the enjoyment of your trip, you may be entitled to an appropriate price reduction and/or compensation.
We will not be liable for any failure or improper performance that is:
- Attributable to you or a member of your party
- Attributable to a third party unconnected with the provision of services and unforeseeable or unavoidable
- Due to Force Majeure as described in Section 6
Our maximum liability for any claim (except in cases of death or personal injury caused by our negligence) is limited to three times the total price of the booking.
Where we act as Agent (arranging individual services on behalf of Suppliers rather than as Package Organiser), our responsibility is limited to using reasonable skill and care in making those arrangements. Your contract for those services is with the Supplier, subject to their terms and conditions.
International Conventions
Carriage by air, sea, rail, and road is subject to international conventions which may limit carrier liability. These include the Montreal Convention (air), Athens Convention (sea), and Berne Convention (rail). Details are available on request.
11.Your Responsibilities
Accuracy of Information
You must ensure all information you provide (names, dates, special requirements, health conditions, etc.) is accurate and complete. We are not liable for problems arising from incorrect information.
Behaviour
You and all members of your party must conduct yourselves in an orderly manner and not disrupt the enjoyment of others. If in the reasonable opinion of us or any Supplier, your behaviour is unacceptable, we reserve the right to terminate your booking without refund.
Special Requirements
Please advise us of any special requirements, dietary needs, medical conditions, or disabilities at the time of booking. We will use reasonable efforts to accommodate your needs, but cannot guarantee all requests can be met.
Acknowledgement of Risk
Travel, particularly to remote or adventurous destinations, involves inherent risks including but not limited to: unpredictable weather, rough terrain, wildlife encounters, altitude, local health conditions, and limited medical facilities. By booking with us, you acknowledge and accept these risks.
12.Complaints
We are committed to providing exceptional service. If you have any concerns during your trip, please contact the relevant Supplier and/or us immediately so we have the opportunity to resolve matters promptly.
If you remain dissatisfied, please submit your complaint in writing within 28 days of your return, including your booking reference and all relevant details, to:
Email: hello@escapesbyema.com
Post: SØMA TRAVEL LTD, 124 City Road, London, EC1V 2NX
Failure to report issues during your trip and/or to follow this complaints procedure may affect your rights and any compensation due.
UK Customers
As an ABTA member, we are committed to ABTA's Code of Conduct. If we cannot resolve your complaint, you may refer it to ABTA's dispute resolution scheme. For more information, visit www.abta.com.
13.Data Protection & Privacy
We collect and process personal data in accordance with our Privacy Policy and applicable data protection laws including the UK GDPR and EU GDPR.
By making a booking, you consent to the collection and use of personal data necessary to fulfil your booking, including sharing data with:
- Suppliers providing your travel services (hotels, airlines, ground handlers, etc.)
- Government authorities (customs, immigration) where legally required
- Insurance providers if you have requested cover
Your data may be transferred outside the UK/EEA where necessary for your trip. We ensure appropriate safeguards are in place for such transfers.
Photographs taken during trips may be used for marketing purposes unless you notify us otherwise.
14.Governing Law & Jurisdiction
These Terms are governed by the laws of England and Wales. Any dispute arising from or related to these Terms or your booking shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a UK resident, you may also choose to bring proceedings in the courts of Scotland or Northern Ireland if you reside there.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with your booking confirmation and any documents referred to herein, constitute the entire agreement between us regarding your booking.