Terms & Conditions
Booking Conditions
Your contract for travel, accommodation and other services is with Across the Divide Limited, a company registered in England and Wales whose registered office is at Thorncombe Barn, Fore Street, Thorncombe, Chard, Somerset, UK, TA20 4PP (CRN 3279836).
1. Your Agreement
1.1 When you make a booking you confirm that you accept these Conditions which shall apply to your booking to the exclusion of all other terms and conditions.
1.2 When making a booking, you must submit to us your signed booking form, medical questionnaire, registration fee and insurance premium (if applicable). The contract between us will come into existence once we have issued to you our confirmation invoice for the event for which you have booked (“Event”) as set out in Condition 1.3 below. The Contract shall continue until the Event has ended but such expiry shall not affect accrued rights and liabilities of the parties and shall not affect any continuing obligations of the parties under the contract.
1.3 Our confirmation invoice will be issued within 14 days of receipt of your completed and signed booking form and the registration fee and insurance premium (if applicable) in cleared funds. Please check the contents carefully and, in the event of any discrepancy, contact us immediately. Any discrepancies which are not notified to us within the timescale prescribed in these Conditions may lead to you incurring additional costs and charges.
1.4 You confirm that the booking form has been completed fully and accurately and you will inform us in writing as soon as possible before the date of departure of the Event (“Departure Date”) if any of the details provided on the application form have changed.
1.5 Subject to the Unfair Contract Terms Act 1977, all conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
1.6 The website and brochure are prepared many months before the Event commences and although every effort is made to ensure complete accuracy, it is inevitable that some of the prices or details may have changed since the brochure and website containing the Event details were printed/created. We will inform you prior to entering into the contract of any changes to the Event that we are aware of at that time.
1.7 Only a director of the Company has authority to vary or waive any of these Conditions or promise any discount or refund.
1.8 Where you are under the age of 18 years at the date the Event is booked your booking form must be countersigned by a parent or guardian on your behalf and you will only be accepted if you will have reached the age of 18 years on or before the Departure Date.
2. Special Requests and Health
2.1 If you have any special requests, you should inform us of such requests on the booking form. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
2.2 If you have any medical problem or disability, please tell us before you make your booking so that we can advise as to the suitability of the Event. In any event, you must notify us via the medical questionnaire that must be submitted along with your booking form of any medical problems or disabilities. If any medical problems or disabilities are suffered or arise between the medical questionnaire being submitted and the Departure Date you must notify us immediately. We reserve the right to decline or cancel a booking without having to pay any compensation if:
2.2.1 any medical problems or disability is disclosed to us on the medical questionnaire;
2.2.2 any medical problem or disability is disclosed to us after the medical questionnaire is submitted to us but before the Departure Date; or
2.2.3 any medical problem or disability is not disclosed to us;
and such medical problem or disability would or might affect your health and safety whilst on the Event or the health and safety of anyone else participating in the Event.
2.3 If it is later discovered that a medical problem or disability was not declared to us, and such problem or disability would, if we had knowledge of it, have led to our refusal to accept or to cancel your booking, we reserve the right to request or seek confirmation from a medical expert approved by us that you are fit to travel and/or withdraw you from the Event without any refund or recompense. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of you being withdrawn from the Event, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
2.4 By signing the declaration on the booking form you confirm that you appreciate the risks involved in the Event and that you do not suffer (or have ever suffered) from any pre-existing medical condition that may actively prevent you from actively participating in the Event other than those that have been declared to us.
2.5 It is your responsibility to ensure that you are medically fit enough to undertake the Event and to ensure that you have received the necessary inoculations and medications (and taken them as prescribed by your doctor) relevant to the destination country. Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you may be unsuited to taking part in the Event. We recommend that you consult your Doctor before making a booking to ensure that you are medically fit and are fully aware regarding the immunizations and medical issues related to your destination country
2.6 By agreeing to these Conditions, you provide your consent to us and our insurers obtaining your medical records should we consider it necessary. You will be responsible for any charges for the provision of the information.
2.7 If the information provided by you is incorrect and we discover that the correct information affects your suitability to take part in the Event, we may terminate the Contract and withdraw you from the Event without refund or recompense, including during the Event. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of you being withdrawn from a Event, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs claims losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
2.8 You agree and acknowledge that certain activities undertaken whilst you are on the Event may be inherently hazardous and have risks associated with them. You agree to abide by all instructions given to you by the leader of the Event or anyone else appointed by us whilst you are on the Event and you acknowledge that we cannot be held responsible for any injuries that may arise as a result of you failing to comply with such instructions.
2.9 Accommodation on the Event is on a twin share basis unless otherwise stated. If you are booking on the Event alone you will be partnered with a person of the same sex. You may request a single room for any hotel accommodation in the Event itinerary, but the allocation of such will be subject to availability and the payment of the appropriate single supplement. Where accommodation on the Event itinerary is provided in tents, it will not be possible to allocate single accommodation and you will be paired with a person of the same sex.
3. Your Responsibilities
3.1 By signing the booking form you confirm that you are aware of, understand and consent to the likely physical demands of the Event. You confirm that you are aware of the possible effects of such things as, but not restricted to, trekking at high altitude, jungle, desert, heat, cold and other inhospitable environments and declare yourself to be sufficiently physically fit and medically healthy to participate safely. You confirm that you consent to our code of conduct (“Code of Conduct”) and accept the authority of the leader of the Event (“Event Leader”) and that you will sign a copy of the Code of Conduct to indicate acceptance and return it to us no later than 8 weeks prior to the Departure Date (or within 7 days of booking where your booking is made less than 8 weeks before the Departure Date).
3.2 Whilst we may offer guidance and general advice in good faith about how to stay healthy while on the Event, we will suggest further sources of information which you should familiarise yourself with.
3.3 By signing the booking form you confirm that you are aware that overseas standards of health and hygiene vary from country to country, and are seldom as high as they are in the
3.4 You are responsible for your own equipment and belongings during the Event and bear the sole responsibility for wear and tear and incidental or accidental damage to your own equipment. We recommend that you take out adequate insurance to cover your equipment. You will be provided with a list of all equipment required to bring on to the Event and it is your responsibility to ensure that such equipment is provided by you and fit for purpose prior to the Departure Date and for the duration of the Event. Should you fail to bring with you all items of equipment specified on the list, we reserve the right to exclude you from the Event. In the event of you being excluded from the Event under the provisions of this Condition 3.4, no refunds will be given and we will not be responsible for, and you agree to indemnify us against, any costs arising including costs of repatriation e.g. flights, losses or expenses.
3.5 You must at all times throughout the Event abide by the laws and customs of the countries visited and behave in a respectful and considerate manner to local people and to other members of the Event.
3.6 Your behaviour during the Event must not prejudice the safety and wellbeing of any member of the Event (including yourself), or its satisfactory progress. You agree to wear any safety clothing or equipment deemed necessary by the Company or its service providers including, but not limited to, bicycle helmets.
3.7 Any arrangements which you make independently which do not form part of the published Event itinerary are entirely at your own risk and we shall have no liability or responsibility to you for such arrangements or your participation in them.
3.8 We may provide equipment for the Event, including but not limited to, tents and camping equipment and we are responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, during the Event you shall indemnify us and keep us indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.
3.9 You will be responsible for arranging transfers to your departure airport and from your arrival airport upon your return from the Event. Where indicated in the brochure or on the website you may also be responsible for flights, airport taxes and other costs of travelling to and from the Event.
4. Your Financial Protection
4.1 The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the Event booked from the brochure or website and for your repatriation in the event of our insolvency. We provide security by way of an ATOL (number 6475) administered by the Civil Aviation Authority.
4.2 When you buy an ATOL protected air package and flights from us you will receive a confirmation from us confirming your arrangements and your protection under our Air Travel Organiser’s licence number 6475.
4.3 In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
4.4 The price of our air Event Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
5. Your Event Price
5.1 We reserve the right to alter the price of the Event at any time. You will be advised of the current price of the Event that you wish to book before your booking is confirmed.
5.2 When you make your booking you must pay a registration fee as set out in the brochure/on the website. You must pay the balance of the cost of the Event in one of the following ways:
5.2.1 where the cost of participating in the Event is being paid by you, no later than 8 weeks prior to the Departure Date;
5.2.2 where the cost of participating in the Event is being paid by a charity for whom you have agreed to raise funds, by them confirming no later than 8 weeks prior to the Departure Date that they have received at least 80% of the set fundraising target from you, and paying no later than the Departure Date the balance of the Event costs. If the registration fee and/or balance are not paid on time (either by you or the charity), we may cancel your booking and the contract between us. If the balance is not paid in time and we cancel your booking we shall retain your registration fee and any instalments or other payments paid by you or the charity.
5.3 Where a charity nominated by you is paying for your place on the Event as set out in Condition 5.2, we must receive a signed authorisation letter from the charity that they agree to this arrangement and that payment will be made in accordance with Condition 5.2. You will at all times remain responsible for the cost of your place on the Event if payment is not made in full by the charity in accordance with this Agreement.
5.4 Where you choose to fundraise on behalf of a nominated charity, it is your responsibility to directly send to that charity all monies raised; no monies should be sent to the Company. You must agree the dates by which you should forward such monies directly with the charity, but the Company normally requires such monies to be forwarded within 6 weeks of the date of your return from the Event. If you fail to meet the minimum level of fundraising set, you will not be entitled to take part in the Event unless the charity agrees or you agree to pay the full cost of the Event yourself.
5.5 Where you have indicated to us the identity of the charity that you will be raising monies for on your booking form, you must not use your participation in the Event as a vehicle to raise funds for any other charity or third party.
5.6 Where you have chosen to raise funds for a charity, and the charity is paying to us the cost of your place on the Event, you agree and acknowledge that all references in these Conditions to the cost of your place on the Event (or a proportion of it) being repaid to you will be read as, and will mean that, monies paid by the charity will be repaid to the charity. You further agree and acknowledge that all monies paid to the charity in fundraising by you will be treated as a donation to that charity; it will be retained by the charity and will not be returned to you.
5.7 Changes in transportation costs, including the cost of fuel, taxes, duties or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and fluctuation in exchange rates mean that the price of your Event may change after you have booked. There will be no change within 30 days of your Departure Date.
5.8 We will absorb and you/the charity will not be charged for any increase equivalent to 2% of the price of your arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any amount over and above that. If this means that you/the charity have to pay an increase of more than 10% of the price of your Event, you will have the option of accepting a change to another Event if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the date that we inform you of the increase and send the final invoice.
5.9 We will consider an appropriate refund of insurance premiums paid by you if you can show to our satisfaction that you are unable to transfer, postpone or reuse your policy.
5.10 Should the price of your Event go down due to the changes mentioned above, by more than two per cent (2%) of your Event cost, then any refund due will be paid to you or the charity (as applicable). However, please note that some foreign parts of the Event are not always purchased in local currency and some apparent changes have no impact on the price of your Event due to contractual and other protection in place.
5.11 Where any payment due under the contract from you/the charity is overdue, we reserve the right to charge interest (both before and after any judgment) on the amount unpaid, at the rate of four per cent (4%) per year above Barclays Bank plc base rate from time to time, until payment in full is made (a part month being treated as a full month for the purpose of calculating interest).
5.12 Please note that we impose a 2.8% surcharge in respect of all payments made by credit card.
6. If You Change Your Booking
6.1 We start to incur costs from the moment you make your booking. If, after our confirmation has been issued, you wish to change your Event in any way, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from you. You will be asked to pay an administration charge of seventy five pounds (£75.00) and any further cost we incur in making this alteration (an “Amendment Charge”). You should be aware that these costs could increase the closer to the Departure Date that changes are made and you should contact us as soon as possible if you need to amend the booking. If you wish to extend your stay in country we will endeavour to amend your booked return flights but you will be required to pay an Amendment Charge and any increased costs in the price of your flights..
6.2 We may, at our discretion, allow you to transfer your booking to another person provided that such other person indicates their acceptance of these Terms and Conditions. In the event of such a transfer an Amendment Charge shall be payable by you to cover the costs incurred by us in making this alteration. We accept no liability to you if we refuse to transfer your booking to another person for any reason.
6.3 Note: Some travel arrangements (e.g. Most discounted air ticket, Apex Tickets) may not be changeable after a booking has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the Event.
7. If You Cancel Your Event
7.1 You may cancel your Event at any time. Your written notification must be received at our registered office. Since we incur costs in cancelling your Event, you/the Charity will have to pay the applicable cancellation charges up to the maximum shown below. We recommend that your travel insurance provides for your reimbursement in the event of a cancellation. You will remain liable for any losses arising from your breach of the Conditions of the Contract.
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Event |
Amount Refundable |
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Cancellation from date of booking until 56 days prior to Departure Date |
Loss of registration fee |
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Cancellation between 55 and 43 days prior to Departure Date |
Loss of 30% of Event cost |
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|
|
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Cancellation between 42 and 29 days prior to Departure Date |
Loss of 50% of Event cost |
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|
|
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Cancellation between 28 and 15 days prior to Departure Date |
Loss of 75% of Event cost |
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|
|
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Cancellation between 14 and 8 days prior to Departure Date |
Loss of 90% of Event cost |
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|
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Cancellation within 7 days of Departure Date |
Loss of 100% of Event cost |
7.2 Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
8. If We Change or Cancel Your Event
8.1 It is unlikely that we will need to make any changes to your Event, but we do plan all Events many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your Event. For example, if the minimum number of clients required for a particular Event is not reached, we may have to cancel it. We also reserve the right at any time prior to the Departure Date without prior consultation with you to notify you in writing that the Event will be merged with one or more other events traveling to the same country. This will not constitute a major change. However, we will not cancel your Event less than 42 days before your Departure Date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the Event, you can either have a refund of all monies paid or accept an offer of an alternative Event of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your Event for reasons other than Force Majeure, we will pay to you compensation as set out in the table below Condition 8.4. If we cancel the Event we will not be liable for any indirect or consequential loss suffered by you such as, but not limited to, prior or subsequent travel arrangements, tours or flight arrangements.
8.2 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, in order to bring to your attention carriers which are banned or ‘blacklisted’ from operating within the EU. We will list carriers that are likely to be used, and a full list of banned carriers can be found at the following link: http://ec.europa.eu/transport/air-ban/.
8.3 Any changes to the actual carrier after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 24 hours, changes to aircraft type, change of accommodation to another of comparable or better standard.
8.4 If we make a major change to your Event, we will inform you as soon as reasonably possible if there is time before your Departure Date. You will have the choice of either accepting the change of arrangements, accepting an offer of an alternative Event of comparable standard from us if available (we will refund any price difference if the alternative is of a lower price), or cancelling your Event and receiving a full refund of all monies paid. In all cases of major change, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO OR CANCEL YOUR TRIP
|
Period before departure within which notice of Cancellation or major change is notified to you |
Amount you will receive from us |
|
More than 42 days |
£ Nil |
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41 - 28 days |
£20.00 |
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27-14 days |
£30.00 |
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13 days- date of travel |
£40.00 |
8.5 The compensation that we offer does not exclude you from claiming more if you are entitled to do so in law.
8.6 Force Majeure: This means that we will not pay compensation if we have to cancel or change your Event in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, poor local infrastructure, changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charterer, the alteration of transport or transport types, adverse weather conditions (actual or threatened), avalanche and technical failure with transport, Foreign and Commonwealth Office advice changing and advising against travel to the Event destination.
9. If You Have A Complaint
9.1 If you have a problem during your Event, please inform the Event Leader immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to our [Operations Director] at our registered office giving your booking reference and all other relevant information and, where possible, evidence. We must receive any such complaint not later than 28 days of the date of your return from the Event. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
9.2 It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst on the Event.
9.3 If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in-country and this may affect your rights as you will have failed to have mitigated (minimised) your losses and you may be unable to recover compensation from us.
10. Our Liability to You
10.1 Our obligations and those of our suppliers providing any service or facility included in your Event are to take reasonable skill and care to arrange for the provision of such services and facilities and where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care.
10.2 You should be aware that standards including safety and hygiene may be lower than you would expect in the
10.3 If the Contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your Event. However we will not be liable where any failure in the performance of the Contract is due to:
10.3.1 you;
10.3.2 a third party unconnected with the provision of the Event and where the failure is unforeseeable or unavoidable;
10.3.3 unusual and/or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
10.3.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.
10.4 Our liability in contract, tort or otherwise arising, except in cases involving death, fraudulent misinterpretation or personal injury, shall be limited to a maximum of twice the price payable by you to undertake the Event. Our liability will also be limited in accordance with and/or in an identical manner to:
10.4.1 the contractual terms of the parties that provide the transportation for your travel arrangements. These terms are incorporated into this Contract but in the event of any conflict between those terms and these Conditions, these Conditions shall prevail; and
10.4.2 any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any applicable conventions.
10.5 You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices at Thorncombe Barn,
10.6 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 of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your Event cost from us. Your right to a refund and/or compensation from us is set out in Condition 8. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. 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.
10.7 We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, valuables and money) which is carried on or in our vehicles, carried on public transport or transport supplied by independent subcontractors, left in accommodation provided by us or our suppliers during a Event or left in our care during a Event; such items are carried and/or left at your own risk.
11. Passport, Visa, Immigration Requirements and Local Laws and Regulations
11.1 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility and shall not be liable if you cannot travel or cannot participate in any part of the Event because you have not complied with any passport, visa or immigration requirements. For full information on any passport or visa requirements, see the UK Passport Office website at www.passport.gov.uk.
11.2 You are responsible for obtaining and having available the necessary documents (including but not limited to full, current passport with enough blank pages to complete the Event and valid for at least 6 months from the last day of the Event and visas for all periods, countries and territories within the Event) enabling you to participate in the Event and shall comply with all local legislation and regulations of the countries in which the Event takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this Condition by you.
12. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on Event are not part of your Event arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
13. Behaviour
13.1 Whilst a Event is in progress you will act at all times in accordance with all reasonable instructions from us and/or the Event Leader.
13.2 We may exclude you from the Event or any part thereof at any time (including during the Event itself) if we are of the opinion that you are likely to prejudice the good order, discipline or safety of the Event, including as a result of you failing to comply with the Event Leader’s instructions, breaking any law or regulation of any country where the Event takes place or you fail to adhere to the Event Code of Conduct, provided that we exercise our discretion reasonably in this regard. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude you.
13.3 In the event of you being excluded from an Event under the provisions of this Condition, no refunds will be given and we will not be responsible for and you agree to indemnify us against any costs arising including costs of repatriation e.g. flights and losses or expenses.
14. Insurance
14.1 You must be covered by personal travel insurance. This must cover you fully against the cost of cancellation by you, medical care and repatriation should you become too ill to continue and must above all cover you against the cost of air or other forms of evacuation and/or repatriation should sickness or injury necessitate such a course of action. We offer an insurance scheme under which you may purchase a policy of insurance to cover you taking part in the Event (the premium for which will be advised to you on request and must be paid in accordance with Condition 1.2).
14.2 If you choose not to take the insurance referred to in Condition 14.1, it is your responsibility to ensure that your policy of insurance covers you fully for all of the activities which may take place during the Event. Whilst we take no responsibility for the contents of any policy of insurance that you choose to take out, we reserve the right to inspect such insurance policy and to refuse to allow you to embark on the Event or to oblige you to obtain further insurance if we believe that your cover is inadequate and/or does not satisfy the requirements of this Condition 14.1. Please read your policy details carefully and take them with you when you travel.
14.3 You should also note that passenger liability insurance covering vehicles, particularly in
14.4 We have no control over the availability or standard of medical and repatriation services and facilities in the areas we visit and these do not form any part of our contract with you. Please remember that many of the areas we visit are not as developed as the
15. Data Protection
We shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to our suppliers, agents, sub-contractors, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the Event.
16. Promotional Materials
By agreeing to these Conditions, you consent to our staff taking photographs and or video footage of you during the Event and that these images may be used by us for publicity and training purposes including, but not limited to, in brochures, websites, marketing material and in the media.
17. General
17.1 We shall be entitled to novate or assign the Contract or any part of it to any third party. You shall not be entitled to assign the Contract or any part of it.
17.2 This Contract is made on the terms of these Conditions, which are governed by English Law, and you agree to the exclusive jurisdiction of the English Courts.
17.3 If any of these Conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Booking Conditions and the rest of the Condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
17.4 A reference in these Conditions to a statute, convention or regulation shall be as a reference to that statute convention or regulation as amended, re-enacted or extended at the relevant time.
17.5 The headings in these Conditions are for convenience only and shall not affect their interpretation.
17.6 Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders.
17.7 Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint Events, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
17.8 A person who is not a party to the contract or these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
The brochure and website and their contents are our responsibility. They are not issued on behalf of, and do not commit the airlines mentioned herein or any airline whose services are used in the course of your Event.