Although in an ideal world you would have read and understood the small print before making a booking, we understand that in reality our terms of sale only tends to get referred to on the rare occasions that something goes wrong.
The most common occurrence is where a customer needs to cancel a trip, so it might be worth scanning those sections in advance.
Apart from that we are generally looking at instances where something goes wrong during a trip. As we mention elsewhere, over the years we have developed robust systems to minimise booking errors and have gained enough experience in the field to enable us to filter out many of the less reliable suppliers. But things can and do go wrong on occasion, so it may be worth looking at those sections too if you are of a pessimistic nature.
1.1 : Acceptance
Making a booking with ATR is taken as acceptance by the customer of these terms and conditions.
2.0 : Conditions of website use
2.1 : Copyright
All of the content of our website is copyrighted. Permission must be obtained from us in writing if you wish to use any of our content for any other purpose than supporting yourself on a trip booked with us.
2.2 : Fraudulent enquiries
Requests for quotations and other information submitted to us by any of our competitors, potential suppliers or their associates, under the guise of being a genuine customer request, will be treated as fraudulent.
Discovery of any such fraud will be pursued in the courts to the maximum penalty.
We will not only claim for time lost directly on fielding such enquiries, but we will also make much larger claims concerning the advantage gained by the possession of such information provided in the competitive environment in which we operate.
3.0 : The bookings process
3.1 : Making a booking
During the sales process you will probably be provided with a number of different quotations. When you are sufficiently satisfied with a quotation that you are ready to proceed to booking, preferably by telephone.
Before entering this quotation into our Purchasing Department, we will need confirmation of certain information from you, including personal details for each traveller, start and end connection details etc. We will also need your initial payment.
It is the receiving of this initial payment that is taken as the instruction by yourselves to proceed with the booking and from this point forth the booking becomes a binding contract between the company and yourself.
In the event of a major error having occured in our quotation whereby we have significantly undercharged for a trip, we reserve the right to withdraw our offer.
3.2 : Timing and method of payment
At the point of making a booking you will be able to select you method of payment. Payments are scheduled as follows …
Payment due on booking 30%
Payment due 90 days before travel 70%
In order of preference first payment can be made by :-
- bank transfer
- debit card
- credit card
If you wish to make the first payment by bank transfer then we will need a proof of payment or screen shot of the bank transaction whilst we await arrival of the monies themselves.
Payment can also be made using any combination or multiples of the above methods. It is common for us to separate out payment for different individuals within a trip and accept different methods of payment from each.
3.3: Special Requests
Our paperwork permits certain special requests to be entered into the contract, such as special diets. If a request is made which does not form part of our paperwork then it does not form part of the contract, regardless of what other communication may have passed outside of the trip documentation.
3.4 : Currencies
All our quotations are made in USD, GBP or EUR.
Guests make payments to us in USD, GBP or EUR, whichever is your preferred currency.
3.5 : Payment and paperwork
Once a trip has successfully been booked you will receive paperwork from ATR.
If the trip start is within 0 to 89 days hence, then the whole of the amount will have been taken and Final Paperwork will be dispatched by email.
If the trip start is more than 90 days hence, then the deposit amount will have been taken and Interim Receipt Paperwork will be dispatched by email. Just before the 90 days interval is reached, our Accounts Department will contact you to ascertain how final payment will be made and then once received, Final Paperwork will be dispatched by email.
3.6 : Alterations by you to your booking
Should you wish to make a change to your booking, then we will usually need to charge an amendment fee to cover additional administration costs. These charges can be quite significant, so best to avoid changes if at all possible.
If the changes involve the actual cancellation of any element of the booking, standard cancellation charges will apply. Changes which involve adding to an existing booking can usually be carried out without an amendment charge.
3.7 : Cancellation by you
Should you wish to cancel your trip in whole or in part, notice can be given verbally but must be followed up by email. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost of the elements being cancelled, excluding insurance premiums and amendment charges, neither of which are refundable. The amount of the cancellation fee depends upon the time period defined the interval between the arrival of the email notice of cancellation at our London office during standard office hours and the scheduled arrival time by the customer at the initiation of the services. The scale of cancellation charges is as follows:
00 to 45 days : 100%
46 to 89 days : 50%
90+ days : loss of deposit
Note that certain items like gorilla and chimp permits and regional flights are 100% non refundable, as shown on your paperwork.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and reinvoice you accordingly.
3.8 : Changes and cancellations by us
Very occasionally we may experience the failure of a supplier, or more commonly, the inability of a supplier to deliver an agreed service. One example that springs to mind is the inability of a safari operator to put a mobile camp out into the field due to a change in park regulations, the closure of a road or border or extreme weather conditions.
A more common but still relatively rare occurrence is an error being made during the bookings process, either by ourselves or our suppliers, which leads to a lack of availability for a particular element of the trip.
In both cases we will endeavour to replace the service with an equivalent, which would not impact on the status of the booking and its payment and delivery obligations. In some cases this may not be possible and we will need to seek your agreement to a more significant change. In an extreme case a whole trip may have to be cancelled or rebooked for alternate dates, in which event we will cover any additional administration charges, but any increase in the price of the trip or knock-on costs arising beyond the scope of our trip paperwork, such as changes to your international flights etc. will need to be covered by the party.
3.9 : Insurance
Customers are required to provide for themselves all necessary insurances against personal injury, loss, damage, theft, cancellation, delay etc. Some of the elements sold by us inherently have a high risk factor involved for the customer (eg. diving, safari, flying, mountain climbing etc.) and we take no responsibility for the consequences of the customer taking on such risks. We do however personally test drive as many of the dive operators, flights operators, hotels and safari operators as we can in order to determine them to be well-run and safe operations. This is not however a professional opinion, but our conclusion based on how much risk we would personally be prepared to take. All customers are responsible for ensuring that they have full insurance cover from the moment that they first place their order and covering the whole period before, during and after travel.
Travel insurance is also one of the most important aspect of protecting your trip in case of failure or cancellation, so please make sure that you have it in place from the moment that you first make your booking and covering the whole period before, during and after travel.
Good travel insurance will cover you against most eventualities, but be careful to read the small print on your policy to be sure. We particularly recommend checking the following areas …
… that medical cover includes full evacuation and repatriation
… that it covers high altitude trekking if you are climbing Kilimanjaro or other large mountains
… that it covers scuba diving if you intend to participate in this
… that it covers quad-biking, bungee jumping, ballooning or any other activity in which you intend to participate
… that it covers charges that you may incur in case of cancellation
Although we are no longer permitted by law to sell travel insurance, we can put you in contact with suitable companies. Please ask our sales team for more information.
3.10 : COVID19 liability exclusion
Exclusion of COVID19 related incidents from ATR customer liability :
Our insurers have added COVID19 to the list of communicable diseases and so this is now excluded from our public liability insurance that covers you when travelling on a trip arranged by ourselves.
We are sure that this also probably applies to your own travel insurance but we need still to make you aware of this pre-travel and clarify that that neither we, or any of our sub-contracted suppliers, can be held liable for any COVID19 related incidents that occur during your trip or after you return home, that were related to your trip.
The full exclusion is detailed below …
Notwithstanding any provision to the contrary within this policy, this policy does not cover all actual or alleged loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.
For the purposes of this endorsement, loss, liability, damage, compensation, injury, sickness, disease, death, medical payment, defence cost, cost, expense or any other amount, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.
As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
The substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and the disease, substance or agent can cause or threaten bodily injury, illness, emotional distress, damage to human health, human welfare or property damage.
4.0 : The trip
4.1 : Suitability and behaviour
We reserve the right in our absolute discretion to terminate without notice the trip arrangements of any customer whose behaviour is such that it does or is likely, in our reasonable opinion, or in the opinion of any operator or any other person in authority, to cause distress, damage, danger or annoyance to any third party, or to cause damage to property.
Our trips can be physically demanding. It is your responsibility to disclose an accurate account of any limitations in your mobility and all other relevant information relating to your health and fitness at the time of booking. You must also advise us of any change to your level of mobility or health and fitness between booking and starting your trip. We reserve the right in our absolute discretion to terminate without notice the trip arrangements of any customer who is likely, in our reasonable opinion, or in the opinion of any operator or any other person in authority, to be unable to cope adequately with the demands of the trip.
In either of these circumstances all our obligations to you under this contract or otherwise shall cease, full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever.
4.2 : Problems arising during a trip
If problems arise during a trip, then the customers are requested to make ATR or its agents aware of the details of any such problems as soon as possible in order that corrective action can be taken. Usually we can act fast to resolve any such problem satisfactorily. Claims arising from problems through which the customer has suffered in silence and not given us the chance to rectify, only to issue a complaint well after the event, will not be entertained.
In dealing with a legitimate complaint post trip, any evidence that you are able to gather at the time will be most helpful, especially photographs. We will also always need this in writing in order to keep record of the issues being raised. Please bear in mind that when determining whether a refund is due, we will need to negotiate with the supplier in question after your return, so any concessions that you are able to obtain from them directly can also come in very handy in reaching an expedient solution.
5.0 : Post trip
5.1 : Our liabilities and their limitations
We promise to make sure that the trip arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.
We accept reasonable responsibility for any loss, injury or damage resulting as a direct consequence of the mis-delivery of any of the services contracted within your trip, except where specific notice is made in your trip paperwork of a particular risk (for example when booking a guesthouse whose booking office is known to be unreliable) or danger (for example due to exposure to high altitudes on Kilimanjaro).
It is important to be aware that you are travelling in areas of the world which can be dangerous or difficult. We expect of our guests a certain level of awareness of such issues and cannot take any responsibility for guests being duped by scams or otherwise inconvenienced or suffer any loss or injury as a result of parties not directly concerned in the provision of the services described within the contract. In other words, we expect you to be reasonably streetwise when in any public places, especially airports and towns.
We cannot take an responsibility for any product which we rate 6/10 or lower on our website at the time of booking. A large part of our rating comes down to the quality, reliability and integrity of the product. If you wish to include any such lower rated product in your trip, which may be perfectly reasonable, then you do so at your own risk.
We do not 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 ourselves and we have not agreed to arrange them and any excursion you purchase during your trip.
In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK or the country of origin of the traveller, which would have applied had those services been provided in the traveller’s home country. This term also includes where the claim or complaint concerns the absence of a safety feature which might lead a reasonable customer to refuse to take the trip in question, since many safety features that would be taken for granted back home (such as child seats in road vehicles) are not provided as a matter of course in all the countries in which we operate.
We limit the maximum amount we may have to pay you for any claims that you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is US$500 per person. For all other claims which do not involve death or personal injury, if we are found liable to you the maximum amount we will have to pay you is 100% of the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount is further limited to the amount that we are able to receive back from our suppliers for the elements of the trip which are deemed to have failed, so it is critical that you work with us to help extract the maximum refund from our suppliers. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your trip.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea and the Berne convention for international travel by rail). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
5.2 : High risk elements
Some of the elements of your trip may inherently carry a higher than normal risk factor. Safari is an inherently risky activity, as are other elements such as diving, safari, flying in small planes, travelling by road, trekking to high altitudes etc.
By booking a trip with us, you are accepting to take on these risks.
We are unable to take any responsibility for the consequences of you undertaking such risks. Where we make a recommendation to you, it is simply an indication of the level of risk which we personally would be prepared to take. We not offer elements which we consider to be too risky from our own personal perspective.
But ultimately It is up to you to determine whether you too are willing to take on each particular risk.
5.3 : Additional excursions and activities
We may provide you with information about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in these booking conditions will not apply to them.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area(s) you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your trip, email us and we will advise you the latest known situation. If we become aware of any material alterations to lodge/area information and/or such outside activities which can reasonably be expected to affect your decision to book a trip with us, we will pass on this information at the time of booking.
5.4 : Denied boarding regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations as your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on
020 7240 6061
www.auc.org.uk. Please note, your rights under clause 9 (“Changes and Cancellations by Us”) and clause 11 (“Our Liability to You”) of these booking conditions are not affected by the above Denied Boarding Regulations except that we are entitled to argue that the amount you receive or are entitled to receive from the airline is sufficient to meet any compensation obligation we may have to you as your tour operator as a result of any such cancellation, delay, downgrading or denied boarding.
5.5 : Transfers and their knock-on effects
Should any of the elements of a trip fail, such as the non-departure of a boat or plane, then we will endeavour to rearrange the trip as best is possible to minimise the impact, but we cannot be responsible for any knock on effects arising from such a failure.
In practise you will not need to, but for legal reasons we have to insist that the customer must check with local operators the exact times and schedules for transport. There are only a few departures on which a failure can cause serious knock-on effects and we always try to construct trips which avoid such risks and will try to make you aware of any such possibilities. In Africa you soon learn to build a little bit of slack in your schedule.
In addition to the above, we would also like to point out that Africa is not geared up for last minute and instantaneous delivery. ATR insists that any failure arising in a reservation made less that seven days in advance is completely at the customer’s risk.
5.6 : Specific room requests
Specific room bookings are usually honoured but cannot be guaranteed. Where a booking has been incorrectly made, or double booked and the customer is not able to stay in the allotted hotel, then the company is liable to return only the sum paid by the customer for that element of the trip.
5.7 : Health and other third world issues
Customers are reminded that when travelling to Africa they should not necessarily expect the same standards of hygiene, security or service that you would in more advanced regions. One of our biggest problem areas is customers not taking adequate health precautions whilst travelling. ATR takes no responsibility for incidents of food-poisoning or other illnesses, even where the contamination can be proved to be from a source booked through the company. The customer must take full responsibility for their health at all times, even if this means inspecting the kitchens themselves.
We would also like to point out that travellers cannot necessary expect the same levels of health and safety that they may be accustomed to back home. A good example of this would be seat belts, which whilst being obligatory in all vehicle seats in many countries, are not necessarily even provided in some or all seats in transfer and safari vehicles. Child seats too may not be required and may not be available. If you have any particular concerns or requirements in this area then we invite you to make specific enquiries before making your trip, as we cannot offer any special cancellation terms arising out of any shortcomings in this area.
5.8 : Conditions of suppliers
Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions are available the supplier concerned.
5.8.1 : Liability waivers
It is very important to realise in advance of travel that when you arrive at various lodges and camps, you may be obliged to sit down and listen to a thorough talk about the specific dangers and risks of the particular location.
You will be obliged to behave in accordance with the rules laid down by the guides and managers in each location. Any adverse events arising in your failure to do so will be completely on your own account.
You may also be obliged to sign documents which waive some of your usual customer rights due to the inherently higher risk nature of the location and activities. In the past the efficacy of these waivers has been called into legal doubt because the customer has had no viable alternative other than to sign. By notifiying you of this in advance here in our terms and conditions, we are intending to side-step this loophole. If you are not happy signing such waivers, then you should not book to stay in such locations. Please talk to you safari expert about this before booking your trip if you have concerns.
5.9 : Failure protection
5.9.1 : For customers from the UK
In the UK there are a number of special bodies set up specifically to provide consumer protection in the event of agent insolvency and it is a legal requirement for all UK based travel companies which sell combinations of accommodation, transport and flights to be a member of one such organisation. This situation arose mainly from a number of high profile failures of package holiday companies in the 1970’s, when tens of thousands of people found themselves stranded overseas. Although the world of mass tourism seems a long way from what we do, we are required to join such a scheme.
We therefore hold a full ATOL licence, number 5983.
All trips provided by ATR Safari UK Ltd which include flights and which are booked and paid for in the UK are ATOL Protected. When you buy an ATOL protected flight or flight inclusive holiday from us, once you have paid your initial deposit, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Please check it to ensure that everything you booked (flights, hotels and other services) is listed on it. For further information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable)
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
UK customers who buy an accommodation and transport combination that does not include flights are covered under a separate insurance scheme.
5.9.2 : For customers from outside the UK
The majority of our customers are actually based outside the UK, travelling to Africa from all around the world. In the absence of any equivalent worldwide bonding agency, we have to take a different approach towards providing the most effective protection for our customers against a catastrophic failure of our company. We have therefore set up our business to operate as follows :
(1) We pay all suppliers well in advance of your arrival, so that even if our company does fail, your bookings will remain intact.
(2) We retain all other moneys (ie. our profit) in a separate bank account until after customers have returned from their trip.
All other eventualities should be covered under your travel insurance, which we insist that all customers have and which should be taken out at the time of booking in order to protect against the need to make a cancellation. In this way we are able to offer full bullet-proof bookings security to all our customers worldwide.
Customers from outside the UK usually book direct with our sister company ATR Safari Ltd in Mauritius.
A : Definitions
A.1 : “Company”
ATR Safari UK Ltd is a company registered in England and Wales, registration number 3995948.
ATR Safari Ltd is a company registered in Mauritius, registration number 140313.
A.2 : “Contract”
These terms and conditions refer to a contract made individually between the Company and any guests making a payment for any services. The contract is also referred to herein as the “booking” and the “trip”.
A.3 : Legal Jurisdiction
English Law will apply to the contract and to any dispute, claim or other matter of any description which arises between us.
All parties agree that any dispute, claim or other matter of any description which arises between us must be dealt with under the ABTA, AITO or similar arbitration schemes (if such a scheme is available for the claim in question) or by the courts of England and Wales only.
