Below is a copy of the Terms and Conditions which are signed by the Participant and is the binding contract between the Participant and the Organiser Participants Terms and Conditions
Each Participant registering to this Trip must agree to these terms and conditions in order to register. The Organiser will not accept Participants who do not agree to these terms and conditions.
The terms and conditions set out below form the basis of your relationship with The Really Wild Travel Company Limited (“the Organiser”) of 27 Old Gloucester Street, London, WC1N 3AX and the Charity for whom you have chosen to raise funds (“the Charity”). Please read them carefully as they set out each party’s respective rights and obligations. All bookings are subject to the following terms and conditions.
The Organiser facilitates the raising of funds for charities by providing adventure Trips. Persons wishing to raise monies for the charities concerned must raise at least the minimum sponsorship monies applicable for their chosen Trip. The cost of the Trip is paid to the Organiser out of the sponsorship monies raised and the remaining sponsorship monies are kept by the Charity concerned. If you participating in a Trip as a “Self Funder” as defined below, the cost of the Trip is paid to the Organiser directly by the Participant.
All parties agree to the following:
In this Agreement, the following words shall have the following meanings unless the context otherwise requires:-
i. “this Agreement” means this Agreement including all schedules, appendices, amendments and additions.
ii. “the Trip” means the inclusive arrangements, flights, accommodation, vehicle hire and all other products and services provided by Organiser pursuant of this Agreement.
iii. “the Organiser” mean the organiser as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 (Statutory Instrument 1992 No. 3288) and any amendment or re-enactment of the same and all other legislation implementing the EC Directive on Package Travel, Package Holidays and Package Tours (Council Directive 90/314/EEC).
iv. “the Registration Fee” means the Registration Fee payable directly from the Participant to the Organiser for the Trip upon Registration. This is payable in addition to the Balance Payment. The Registration Fee is non-refundable if you choose to cancel your place on the Trip.
v. “the Balance Payment”. This is payable in addition to the Registration Fee. If you are Self-Funding you must pay the Balance Payment to the Organiser 12-weeks prior to the Departure Date. If you are Fundraising for Charity the Charity will pay the Balance Payment on your behalf.
vi. “the Fundraising Target” means the minimum amount of money that you must raise in order to take part in the Trip if you choose to raise money for Charity. This is outlined in the registration form.
vii. “the Trip Cost” means the cost of the Trip due to the Organiser. If you are raising money for Charity, the Trip Cost forms part of the Fundraising Target, being the basic Trip cost plus the Registration Fee advised at the time of booking and all airlines fuel supplements and taxes as referred to in Clause 16, together with any other amounts you agree to pay the Organiser for the Trip.
viii. “the Charity” means the Charity that has been elected to be the beneficiary of this Trip as identified in the registration form.
ix. “Self Funder” means a Participant who has elected to Register and take part in a Trip who is paying the Balance Payment to the Organiser directly.
x. “Add-On” means ground arrangements purchased in conjunction with another Trip sold by the Organiser, and is inclusive of arrangements, flights, accommodation, vehicle hire and all other products and services provided by the Organiser pursuant of this Agreement.
xi. “you” and “your” means the Participants names on the Organiser’s registration form.
Who Organises the Trip?
1. The Really Wild Travel Company is the Organiser of the Trip. Your contract for the Trip is with the Organiser. Please note that the Organiser’s responsibilities are limited to the provision of the Trip in accordance with this Agreement. Except in relation to monies paid to the Charity and held by them on the Organiser’s behalf in accordance with Clause 2.4, the Organiser has no responsibility for any payments made to the Charity or for any act(s) or omission(s) of the Charity. The Charity is not engaged with the organisation of the Trip and is simply the beneficiary of the money you raise. The Charity has no responsibility for any payment made to the Organiser by the Participant or any third party or for any act(s) or omission(s) of the Organiser.
What is the Payment Timetable?
i. You must pay the Registration Fee direct to the Organiser at the time of booking. This also applies to all Add-On bookings.
ii. If you are Self-Funding your must pay the Balance Payment to the Organiser 12-weeks prior to the Departure date.
iii. If you are Fundraising for Charity you must pay 100% of the Fundraising Target direct to the Charity by 8-weeks prior to the Departure date. If you have not sent the Fundraising Target to the Charity by the stipulated Fundraising deadline date you may not be allowed to participate in the Trip. You may be allowed to switch to a Self-Funding option however you must receive written approval from the Charity before the Organiser will allow you to settle the Balance Payment yourself, and you must settle the Balance Payment immediately.
iv. You must pay the balance payment on any Add-On bookings 8-weeks prior to the departure date for the main Trip.
2.2 If you wish to purchase the insurance offered by the Organiser all applicable premiums must be paid as soon as possible as cover is not effective until these have been paid. Please see Clause 13.
2.3 Credit Card payments. No credit card fee will be charged when paying the Registration Fee. A fee of 3.5% will be charged on all other credit card payments made to the Organiser (for example the balance of the Trip Cost). Credit card charges on payments made to the Charity are at the discretion of the Charity. There is no charge for debit card payments.
2.4 For flight and non flight inclusive bookings, all monies paid to the Charity (if any) up to the full amount of the Trip cost will be held on the Organiser’s behalf until they are paid to the Organiser or refunded to you. Please note: this Clause only applies to monies paid to the Charity up to the full amount of the Trip Cost. Monies paid to the Charity and any monies held by the Charity over and above the Trip Cost belong to the Charity.
What happens if I fail to pay all the monies on time?
3.1 If the Organiser or the Charity (as applicable) do not receive all payments due from you (including any surcharge where applicable) in full and on time, your place on the Trip will no longer be guaranteed and further surcharges may be applicable. The Organiser will be entitled to keep the Registration Fee paid or due at that date. The Charity will be entitled to keep any monies fundraised as these monies were raised for charitable purposes. If you intend to cancel but have not notified the Organiser in writing of your intent to cancel at least 56 days prior to departure, you must pay the cancellation charges shown in Clause 19 depending on the date the Organiser reasonably treats your booking as cancelled.
3.2 You will be liable for all costs incurred by the Organiser in order to collect any monies due.
3.3. If you do not meet the fundraising target and wish to settle the balance payment yourself you must seek permission from the charity, and the Organiser will not except any such payment unless it has written permission from the Charity.
What are your responsibilities?
4.1 You must not do anything or fail to do anything which is reasonably likely to bring the Charity and/or the Organiser into disrepute whether before, during or after the Trip.
4.2. You must ensure that all information you give the Organiser and/or the Charity including all information provided on the Organiser’s registration and insurance forms and medical questionnaire is complete, true and accurate. If you fail to do so, the Organiser and/or the Charity shall be entitled to cancel your booking and the Organiser shall be entitled to keep the Registration Fee you have paid. Depending on the date when the Organiser and/or the Charity discover that you have failed to comply with the provisions of this Clause the Organiser will also be entitled to charge the cancellation fees set out in Clause 19. See also section headed “the Organiser’s Liability”.
What happens to the information I provide?
5. Where necessary the Organiser provides the personal information given by you to the various suppliers who provide each element of the Trip (for example airlines). The Organiser also provides this information to other bodies such as credit card and insurance companies who need to know them in order that payments can be processed and cover provided (where applicable). Personal information shall also be provided to the Charity for who you are raising funds. The Organiser will also use your personal details in order to send you further information regarding the Organiser (for example the Organiser’s brochure). For the avoidance of doubt, the Organiser and the Charity shall be data controllers in common in respect of the processing of your personal data in accordance with the terms of the Data Protection Act 1998.
How do I Book?
i. You must complete the Organiser’s online registration form and submit the appropriate payment as set out in Section A at the time of booking. If we require you to complete a medical questionnaire this will be emailed to you and should be returned to us no later than 12-weeks before the Trip starts. The Organiser reserves the right to refuse a participant’s admission on the Trip based on the information contained within the medical questionnaire. You must be at least 18 when the booking is made for all Trips except if you are a minor of 14 plus years and a parent or guardian is accompanying you on a child friendly Trip or has provided parental consent. Please contact us directly if you will be under the age of 18 at the start of your chosen Trip.
ii. We will not accept any registration form without the appropriate payment as a confirmed booking. In this situation the Organiser will not issue you with a confirmation email and your booking will be considered cancelled. The Organiser and where applicable the Charity, will have no further liability towards you.
iii. Child Participants. There are several departures designated by the Organiser as suitable for children of 14 years and over provided they are accompanied by a parent or legal guardian, or in some cases a parental consent form. One parent can be responsible for up to two children on such a Trip; all members of the family must book at the same time. By signing the Booking Form as a parent or guardian on behalf of an under-18, you agree to accept these conditions on behalf of the child, and are responsible for ensuring all information supplied is correct. Parents are responsible for the behaviour of under-18s at all times on the Trip. Should a child be unable to complete the Trip, the parent must abide by the instructions of the Organiser and accompany the child if deemed necessary by the Organiser.
When will the Trip be confirmed?
7. Once the Organiser has received your registration and medical questionnaire and all appropriate payments, the Organiser will, subject to availability, confirm the Trip by issuing a booking confirmation email/letter. Please check this carefully as soon as you receive it. You must contact the Organiser immediately if any information, which appears on the confirmation, or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
When does my contract for the Trip come into existence?
8. A binding contract between you and the Organiser comes into existence when the Organiser dispatches its confirmation email to you. You agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description, which arises between you and the Organiser (except as set out below). You also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between you and the Organiser must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between you and the Organiser governed by the law of Scotland/Northern Ireland as applicable (but if you do not choose, English law will apply).
What about minimum numbers?
9. Please note that usually each Trip has a minimum number of Participants required for its operation. As a result the Organiser reserves the right to cancel a specific departure due to insufficient numbers up to 16-weeks prior to departure, or levy a surcharge which may be paid by the Charity (if you are fundraising) or may be passed onto the Participant directly. If the surcharge represents more than 10% of the total Trip Cost you will have the option to cancel and receive a full refund. If the surcharge is less than 10% you may opt to cancel without refund. If the Organiser cancels a Trip and you do not wish to transfer you will receive a full refund of your registration fee.
10. 1 The Organiser starts planning the Trips it offers many months in advance. Occasionally, The Organiser has to make changes to planned Trips both before and after bookings have been confirmed. Whilst the Organiser always endeavours to avoid changes and cancellations, the Organiser must reserve the right to do so.
10.2 Most changes are minor. Occasionally, the Organiser has to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give the Organiser at the time of booking and which the Organiser can reasonably be expected to know as the Organiser, the Organiser can reasonably expect to have a major affect on the Trip. Significant changes are likely to include the following changes when made before departure; a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, a change of UK departure point to one which is more inconvenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destinations substantially or altogether. If the Organiser has to make a significant change or cancellation, the Organiser will tell you as soon as possible. If there is time to do so before departure, the Organiser will offer you the choice of the following options:-
i. (for significant changes) accepting the changed arrangements
ii. Purchasing an alternative Trip from the Organiser, of a similar standard to that originally booked if available. The Organiser will offer you at least one alternative Trip of equivalent or higher standard, which will not cost any more than the Trip Cost. If this Trip is in fact cheaper than the original one, the Organiser will refund the price difference to you (if you have paid the Trip Cost to the Organiser directly yourself) or the Charity (if the Organiser have received the Trip Cost from the Charity). If you do not wish to accept the Trip the Organiser specifically offers you, you may choose any of the Organiser’s other available Trips. The price of these may be higher or lower than the Trip and the difference will be payable.
iii. Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies (including the Registration Fee) you have paid directly to the Organiser. Please note, where the Charity has paid the Trip Cost to the Organiser, the Organiser will refund the Trip Cost to the Charity (See “Refunds and Compensation” below). Please note, the above options are not available where any change made is a minor one.
10.3 If the Organiser has to make a significant change or cancellation, the Organiser will as a minimum where compensation is due, pay you reasonable compensation payments depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions:-
i. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where the Organiser is forced to make a change or cancellation as a result of unusually and unforeseeable circumstances beyond the Organiser’s control, the consequences of which the Organiser could not have avoided even with all due care or where the Organiser is forced to cancel due to the minimum number of Participants required for the Trip not being reached.
ii. No compensation will be payable and the above options will not be available if the Organiser cancels as a result of your failure to comply with any requirements of these booking conditions entitling the Organiser or the Charity to cancel (such as paying on time) or if the change made is a minor one.
iii. A minor change is any change which, taking account of the information you have given the Organiser at the time of booking or which the Organiser can reasonably be expected to know as the Organiser, the Organiser could not reasonably expect to have a significant effect on the Trip.
iv. Very rarely, the Organiser may be forced by “force majeure” (see “the Organiser’s Liability” below) to change or terminate the Trip after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, the Organiser regrets it will be unable to make any refunds (unless it obtains any refunds from its suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
Trip Participation and Responsibility
11. The Trip may involve hazards, which are inherent to the activities involved in it. These inherent hazards increase the risk to Participants of personal injury, death, illness, and/or loss or damage to property. By making your booking with the Organiser you acknowledge and accept the inherent hazards involved in the Trip. Except as set out in this Agreement, the Organiser cannot accept any liability for any personal injury, death, illness, loss or damage to property or any other loss or damage you incur as a result your participation in the Trip. Any safety equipment supplied must be worn correctly at all times. Your cycling helmet should be worn at all times when you are cycling. For the avoidance of doubt the Charity is not involved in the operation or organisation of the Trip and has no liability towards you in respect of any loss which you may suffer as a result in taking part in the Trip.
What about flight delays?
12. The Organiser regrets it is not in a position to offer you any assistance in the delay of your Trip at your outwards or inbound point of departure. Any airline concerned may however provide refreshments et cetera. The Organiser cannot accept liability for any delay, which is due to any of the reasons set out in “the Organiser’s liability” (which included the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time).
Do I need travel insurance?
13.1 Travel insurance, including cover for baggage, is mandatory for all clients whilst on a tour organised by the Organiser. Other than liability arising from negligence in respect of death or personal injury caused by the Organiser or its staff, you travel, together with your personal property including baggage, solely at your own risk at all times. You are wholly responsible for arranging your own insurance and if you do not have adequate insurance you will not be allowed to join the tour. If, as a result of you not having adequate insurance, the Organiser incurs cost in your evacuation or assistance, you are 100% liable for any such costs.
13.2 If you choose not to take the Organiser’s specially arranged Travel/Cancellation insurance you are responsible for ensuring that you have adequate private travel insurance, with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment. If you make your own arrangements you should ensure that there are no exclusion Clauses limiting protection for the type of activities included in the tour. You are responsible for providing proof of this cover to the Organiser; failure to do so by its deadline may result in the Organiser charging you for its insurance.
13.3 You must satisfy yourself that any travel insurance arranged through the Organiser meets your requirements and you should arrange supplementary insurance if need be. You are responsible for notifying the Organiser if you have not received insurance documentation after the Organiser has taken payment. Any claims concerning matters for which you are required to be or are insured must be directed to your insurers. You will be deemed to have read the insurance cover. All Participants are personally responsible for informing insurance companies of any pre-existing conditions.
Do you require Medical Details?
14. The Organiser requires a completed medical questionnaire from each Participant. If you are aged over 65 years of age or if you have any medical condition that could be adversely affected by exercise, particularly a heart condition or asthma, you must provide the Organiser with a signed medical questionnaire and further information as necessary from your doctor.
What if I have a complaint?
15. Should you have a complaint about any part of the Trip, you must tell both the relevant supplier and the tour leader at the time. It is only if the Organiser and the relevant supplier know about problems that there will be the opportunity to put things right. Any complaints must be communicated to the tour leader in writing immediately while on tour and to the office no later than 14 days after the return of the tour.
Will the Trip Cost increase?
16.1 The Organiser reserves the right to make changes to and correct errors in advertised prices at any time before your Trip is confirmed. The Organiser will advise you of any error of which the Organiser is aware and of the applicable price at the time of booking.
16.2 Please note, the Trip Cost you agree to pay consists of the basic Trip cost advised at the time of booking and the full amount of any fuel supplement or taxes imposed by any airline providing flights which form part of your Trip together with any other amounts you agree to pay the Organiser for the Trip.
16.3 Once the Trip Cost has been confirmed at the time of booking, The Organiser will only increase it in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this Clause, if the Organiser’s costs increase as a result of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges) which are part of the contract between airlines (and their agents) and the Organiser or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports increasing, or the Organiser’s costs increase as a result of any changes in the exchange rates which have been used to calculate the cost of the Trip.
16.4 Even in the above cases, only if the amount of the increase in the Organiser’s costs exceeds 2% of the Trip Costs (excluding insurance premiums and any amendment charges), will the Organiser levy a surcharge. If any such surcharge is greater than 10% of the Trip Costs (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of the Registration fee and the Balance Payment if you have paid these directly to the Organiser. The Organiser does not refund amendment charges. If the Organiser has received the Balance Payment from the Charity, this will be refunded to the Charity. Alternatively you can purchase another Trip from the Organiser as referred to in “Itinerary” above. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
16.5 You have 14 days from the issue date printed on the surcharge invoice to tell the Organiser if you want to cancel or purchase another Trip. If you do not tell the Organiser that you wish to do so within this period of time, the Organiser is entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the Trip or within 14 days of the issue date printed on the surcharge invoice, whichever is later.
16.6 The Organiser promises not to levy a surcharge within 30 days of the start of the Trip.
16.7 Please note, changes and errors occasionally occur. You must check the price of your chosen Trip at the time of booking.
16.8 The Trip Cost is based on the exchange rate £1.00 (GBP) = €1.15 (EURO) = $1.60 (USD)
17. Clients taking their own equipment including a bike on a Trip are responsible for any charges for transportation levied by the airline including excess baggage.
18.1 The Organiser and/or the Charity reserve the right on reasonable grounds to refuse participation to anyone at any time without having to disclose the reason. Your entitlement to participate depends on the Organiser being satisfied that there are no circumstances under which the Organiser ought properly to decline your participation. The Organiser’s decision on your participation shall be final and binding. The Organiser however will not exercise this right without having clear grounds to do so. In any circumstances where the Organiser decides that you may not participate, your Registration Fee will be refunded to you in full.
18.2 When you book with the Organiser, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against the Organiser (together with the Organiser’s own and the other party’s full legal costs) as a result of your actions.
What if I want to cancel?
19. If you wish to cancel, the Organiser must receive notice in writing from you. Effective date of cancellation will be taken from the date such notice is received. Cancellation fees after registration has been made are as follows. Please note Registration Fees, amendment fees and insurance premiums are not refundable on the Trip that you cancel. If you cancel or pull out of the Trip for any reason you will not be entitled to a refund of any sponsorship raised as this is for charitable purposes.
19.2 Period before departure written notice of cancellation is received by us:
More than 56 days prior to departure: Loss of registration fee
56-0 days prior to departure: 100% of the Trip Cost is 100% non-refundable. You are strongly advised to purchase comprehensive travel insurance to cover you against last minute cancellation due to an insurable reason.
If you have paid the Trip cost directly to the Organiser
20.1 If you cancel your booking, the cancellation charges referred to above will apply. The Organiser shall refund to the Charity if applicable any monies relating to the Trip Cost paid by the Charity to the Organiser after deduction of the cancellation charges set out above. You agree that the Charity shall be entitled to keep any such refunded monies and shall not be obliged to pay them to you.
20.2 If cancellation occurs in circumstances where recovery of cancellation charges is indemnified under your travel insurance, you hereby agree that you will co-operate in the recovery of these charges from the insurers and any sums recovered under the policy will again be paid to the Charity.
20.3 With regards to any monies paid to the Charity over and above the Trip Cost, no refund of these will be payable to you upon cancellation of your booking as these monies were raised for charitable purposes.
20.4 Transferring your place to another Trip is only possible if that Trip departs within the same calendar year, and the Charity you have opted to raise money for agrees to allow you to transfer to another one of their Bespoke Trips, or an Open Challenge. In this instance you will have to pay a surcharge directly to the Organiser of £100 and we must (If you are raising money for Charity) receive written permission from the Charity that they are happy to allow you to transfer. There may be additional surcharges to pay, and these will be quoted and must be paid at the point of transfer. Transfers are not permitted to any other Trips that do not fall within the same calendar year.
What if I want to make amendments?
21. Should you wish to make any changes to your confirmed booking, you must notify the Organiser and the Charity in writing as soon as possible. Whilst the Organiser will endeavour to assist, the Organiser cannot guarantee it will be able to meet any such requests. Where the Organiser can, an amendment fee of £100.00 per person / per booking will be payable together with any costs incurred by the Organiser and any costs or charges incurred or imposed by any of the Organiser’s suppliers. An example of an amendment would be a change in name, from the one you used in your initial registration.
Passport, vaccinations and visas
22. You are responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the whole of your journey. Information given by the Organiser about these matters or related items (climate, clothing, baggage, personal gear et cetera) is given in good faith but requirements may change and you must check the up to date position in good time before departure. It is your responsibility to obtain any necessary vaccinations for your tour and to do so well before the departure date.
23. Signing your registration form or submitting your online booking form signifies your Agreement to abide by the authority of the leader, who represents the Organiser. The decision of the leader as to the conduct, itinerary and objectives of the Trip is final. If in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole or that your general well-being will be put at risk by continuing with the Trip, you may be asked to leave the Trip without the right for any refund for unused services.
Your Financial Protection
24. When you buy an ATOL protected air package from the Organiser you will receive a booking confirmation from us confirming your arrangements and your protection under our Air Travel Organiser’s License Number 10210.
a) 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).
b) 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 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 maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
25.1 The Organiser promises to make sure that the Trip arrangements the Organiser has agreed to make, perform or provide as applicable as part of its contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions the Organiser will accept responsibility if, for example, you suffer death or personal injury or your contracted Trip arrangements are not provided as promised or prove deficient as a result of the failure of the Organiser, the Organiser’s employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted Trip arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against the Organiser. In addition, the Organiser will only be responsible for what its employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work the Organiser had asked them to do (for agents and suppliers).
25.2 The Organiser will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
i. The act(s) and/or omissions(s) of the person(s) affected or any member(s) of their party or
ii. The act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
iii. ‘force majeure’ as defined in Clause 25.9
25.3 The promises the Organiser makes to you about the services it has agreed to provide or arrange as part of its contract with you – 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 complication 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 which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable Participant to refuse to take the Trip in question.
25.4 As set out in these booking conditions the Organiser limits the maximum amount it may have to pay you for any claims you may make against it. Where the Organiser is found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount the Organiser will have to pay you is £1,000 per Participant affected unless a lower limitation applies to your claim under this Clause or sub-Clause 25.6 below.
25.5 For all other claims which do not involve death or personal injury, if the Organiser are found liable to you or any basis the maximum amount it will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the Participant(s) affected in total unless a lower limitation applies to your claim under this Clause or sub-Clause 25.6 below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from the Trip.
25.6 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 the Organiser will have to pay you will be limited. The most the Organiser will have to pay you for that claim or that part of a claim if the Organiser is 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 operation license 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). 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, the Organiser is similarly not obliged to make a payment to you for the claim or part of the claim. When making any payment, the Organiser is entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
25.7 Please note, the Organiser 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 the Organiser by you concerning your booking prior to the Organiser accepting it, the Organiser could not have foreseen you would suffer or incur if the Organiser breached their contract with you or (2) which did not result from any breach of contract or other fault by the Organiser or its employees or, where the Organiser is responsible for them, its suppliers. Additionally the Organiser cannot accept liability for any business losses.
25.8 You must provide the Organiser and it insurers with all assistance it may reasonably require. You must also tell the Organiser and the supplier concerned about your claim or complaint as set out under “What if I have a complaint?”. If asked to do so, you must transfer to the Organiser or their 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 the Organiser and its insurers if the Organiser or its insurers want to enforce any rights which are transferred.
25.9 Force Majeure. Except where otherwise expressly stated in their booking conditions, the Organiser regrets it cannot accept liability or pay any compensation where the performance or prompt performance of their obligations under their 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 Trip which the Organiser or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such Trips may include war or threat of war, riot, civil strife, actually or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar Trips outside our control.
26.1 The flight timings detailed in the Trip documentation are for general guidance only and are subject to change. The latest timings will be dispatched to you approximately two weeks before departure. You must check flight details very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even within two weeks of departure – the Organiser will contact you as soon as possible if this occurs.
26.2 The Organiser is not always in a position to confirm the airline, aircraft type and airport of destination, which will be used in connection with any flight included in your Trip. When this information is provided at the time of booking or subsequently it is subject to reasonable change. Any such change will not entitle you to cancel or change to other arrangements without paying the Organiser’s normal charges.
Conditions of Suppliers
27. Many of the services, which make up the 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 (see “Liability” above). Copies of the relevant parts of these terms and conditions are available on request from the Organiser or the supplier concerned.
28.1 If you have any special request, you must advise the Organiser in writing at the time of booking. Although the Organiser will endeavour to pass any reasonable requests on to the relevant supplier, the Organiser regrets it cannot guarantee any request will be met unless the Organiser has specifically confirmed this. For your own protection, you should obtain confirmation in writing from the Organiser that your request will be complied with (where it is possible for the Organiser to give this) if your request is important to you. Confirmation that a special request has been noted or passed onto 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. Unless and until specifically confirmed, all special requests are subject to availability.
28.2 The Organiser regrets it cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
Prices and Brochure Accuracy
29.1 Please note, the information and prices shown in the Organiser’s brochure and other promotional material may have changed by the time you come to book the Trip. Whilst every effort is made to ensure accuracy, regrettably errors do occasionally occur. You must therefore ensure your information is up-to-date and accurate by checking all details of the Trip (including the price) with the Organiser at the time of booking. This brochure is the Organiser’s sole responsibility. It is not issued on behalf of and does not commit any independent organisation / carriers whose services are featured in it.
29.2 You must understand and accept that given the nature of the Organiser’s Trips and their location a flexible approach, allowing for the possibility of alternative arrangements, is necessary. The outline itinerary located within a brochure or on their website or in your confirmation is an outline of what you may achieve and is not a contractual obligation on the part of the Organiser. You must appreciate that activities, schedules, itineraries, facilities and modes of transport may be subject to alterations without prior notice due to local circumstances or Trips beyond the Organiser’s control, which may include (but are not limited to) sickness or mechanical breakdown, flight cancellations whether international or domestic, strikes, Trips caused by political disputes, entry or border difficulties, climatic and other unpredictable or unforeseen circumstances.
30. The Organiser and the Charity reserve the right to use any photographs and images taken on a Trip or Trip related occasion by its employees, or forwarded by any persons on the Trip or connected to the Trip, in its brochure, on its website, in its social network marketing activities or for use in any other relevant promotional material.
31. 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 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 maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.